In this Agreement, BLENDGEEK, the BLENDGEEK Service, all services related to it, including all text, images, photographs, user interface, data and other content (including the selection, coordination and arrangement of such content) are referred to as the "Web Site" or "Service."
BLENDGEEK reserves the right to change the Terms and Conditions of the Agreement at any time and such modifications shall be binding on the users with immediate effect. It is strongly advised that users visit this page periodically to review the Terms of Use to ensure continued compliance with the terms. A User’s continued access of this Web Site shall be deemed acceptance of the modified agreement.
These Terms of Use apply to all customers, visitors, users, and others who view the BLENDGEEK.com Sites ("Users"), including Users who are also contributors of images, video, information, and other materials or services on the BLENDGEEK.com Sites. The BLENDGEEK.com Sites may contain links to third-party websites that are not owned or controlled by BLENDGEEK.com. BLENDGEEK.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BLENDGEEK.com will not and cannot censor or edit the content of any third-party site. By using the BLENDGEEK.com Sites, you expressly relieve BLENDGEEK.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the BLENDGEEK.com Sites and to read the Terms of Use and Privacy Policy of each other website that you visit.
By accessing or using BLENDGEEK, by signing up as a User of BLENDGEEK or by use of any of its applications, you agree to be bound by the terms and conditions in this Agreement. If you can not accept this Agreement, you may not access or use BLENDGEEK.
Our Services
The Service is an online offering where individuals or entities (collectively, "Users") can design, or create customized banners, logos, photo effects and communicate with other members using materials and tools provided by BLENDGEEK.
The symbols and other materials used in any preliminary design that are not contained in the final version of the banner,logo and photo effects remain the property of BLENDGEEK. Under this license, Users cannot sell, assign, or transfer rights to the symbol, but any trademark rights developed in the customized banner, logo and photo effect will be owned by the User.
Payment. Users must pay for the Service via credit card or other payment method authorized at the time of registration for use. If Users pay by credit card, they will be required to provide a valid credit card number and billing address when registering. The payment policies for Users may change at any time. Such changes will not, however, apply to projects that are in-process before the changes are made by BLENDGEEK.
Refunds. BLENDGEEK has the right to cancel orders and provide a refund at any point in the development process. BLENDGEEK retains the right to modify or change this policy at any time without notice.
Eligibility and Use
Eligibility. To register as a User
you must be at least 18 years of age,
accept the Agreement, and
complete the registration procedure.
By registering, Users represent and warrant that
They meet these eligibility requirements,
The information they include as part of the registration process is complete and accurate, and
If they are registering on behalf of an entity, that they are authorized to bind that entity to this Agreement.
BLENDGEEK is not required to accept a Users registration and may reject a Users registration for any reason at its sole option.
Permitted Use
Users may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Web Site. Any use of the Web Site is at a Users own risk and responsibility.
Users may display the Web Site on an internet access device only in circumstances that constitute "fair use" under Canadian copyright law.
Prohibited Uses
Users agree not to modify the Web Site, or any portion of it, except by the express written consent of BLENDGEEK.
Users may not enclose any portion of the Web Site without the written consent of BLENDGEEK.
Users may not use meta tags or any other "hidden text" that utilize the BLENDGEEK trademark or company name without the written consent of BLENDGEEK.
Users must comply with all applicable laws (including any applicable export control laws) in connection with using the Service. Further limitations may be set forth in any written or on-screen notice from BLENDGEEK.
Users understand that printed materials may not exactly match what is seen on a computer screen at the time of purchase. This includes colors, image placement and data input by the user. Users understand that colors chosen to generate business cards cannot be exactly duplicated by BLENDGEEK printing partners due to inherent limitations in printing technologies, although every reasonable effort shall be made to match colors as closely as possible.
BLENDGEEK retains the rights to the logo and does not transfer the logo rights to the user until the logo is purchased by the user. Users must use the banner code as it is provided and should not alter the code in any way. Users understand that any embedded direct link to BLENDGEEK is to remain embedded in the banner and should not be altered or removed.
Users agree not to transmit, distribute, post, communicate or store information on, to, or through the Web Site that is illegal in any way. In that sense the material imported and used on BLENDGEEKl shall not:
infringe on copyrighted laws;
reveal trade secrets;
infringes on any intellectual property, privacy, or publicity rights of others;
be obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to others;
be sexually-explicit;
constitute solicitations of business, chain letters, or pyramid schemes; or
contain viruses, Trojan horses, worms, time bombs, or other electronic data that are intended to damage, interfere with, surreptitiously intercept, or expropriate any BLENDGEEK system, data, or information.
Users further agree not to:
use any incomplete, false, or inaccurate information for purposes of registering as a User;
delete or revise any information of another User or of BLENDGEEK;
take any action that imposes an unreasonably large load on the Web Site's infrastructure;
attempt to interfere with the proper working of this Service;
attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Web Site other than with the search engines available from BLENDGEEK and other commercially available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or
attempt to decipher, decompile, disassemble, or reverse engineer any of the software underlying the Web Site.
(vii)attempt to delete or modify links or keywords embedded in the Free Web-Ready Banner/logos or photo effect.
Users are prohibited from attempting to violate the security of the Web Site, including:
accessing data not intended for Users or logging into a server or account that Users are not authorized to access;
attempting to probe, scan, or test the vulnerability of the Web Site or to breach security or authentication measures;
attempting to interfere with the service of any user, host or network, including submitting a virus to, overloading, "flooding", "spamming", "mailbombing," or "crashing" the Web Site;
sending unsolicited e-mail, including promotions and/or advertising of products or services; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of security of the Web Site may result in civil or criminal liability. BLENDGEEK will investigate any violation and may cooperate with law enforcement authorities in prosecuting Users involved in such violations.
Operation of Web Site. BLENDGEEK reserves the right to terminate Users ability to communicate with, or post to, the Web Site at any time. BLENDGEEK will take reasonable efforts not to disclose any information Users send to the Web Site. BLENDGEEK may disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request. BLENDGEEK may edit, refuse to post, or to remove any information or materials from the Web Site.
Accessibility. BLENDGEEK shall not be responsible for any delays or interruptions of, errors, or omissions contained in the Web Site. Although BLENDGEEK will use reasonable efforts to make the Web Site and Service accessible, BLENDGEEK makes no representation, warranty or covenant that the Web Site will be available at any specific time since various circumstances may prevent or delay availability. BLENDGEEK may discontinue or modify the Web Site, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. BLENDGEEK shall not be responsible for any loss, cost, damage or liability that may result in such events.
Termination of Access. BLENDGEEK reserves the right to reject, cancel, or terminate Users access to the BLENDGEEK website of Free Web-Ready Banner/logo at any time without notice. Users agree that BLENDGEEK shall not be liable to Users or any third party for any rejection, cancellation, or termination of such access.
Responsibility for Content
Web Site. Paramecia shall not be responsible for any use that is or is not made of the Web Site. Paramecia makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Web Site. BLENDGEEK does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he creates a banner/logo at his own risk and that he is responsible for taking any actions necessary to determine whether its use will infringe any third party intellectual property, privacy, or publicity right.
Downloads. BLENDGEEK does not guarantee that data made available on the Web Site will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is Users responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.
Rights to Use
User Information. For any information or media provided by User in connection with use of the Service (collectively, the "User Information"), BLENDGEEK has all rights necessary to use the User Information to provide the Service.
License. Upon submission of User Information to the Service, User grants BLENDGEEK a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, moral right, perform, display, and/or incorporate in other works, in any form, media, or technology now known or later developed for the full term of any intellectual property rights that may exist in such User Information to the extent necessary to provide the Service.
User Ownership. Subject to Users compliance with this Agreement, User shall own the customized banner/logo created by the Service. User shall not, however, own any materials, media or other content generated during the process of creating that banner/logo or by using the Free Web-Ready Banner/logo. User grants to BLENDGEEK the right to use any such material (other than the customized) for internal and archival purposes. Users also grant BLENDGEEK the right to utilize the customized banner/logo in connection with advertising, marketing and promotional materials.
BLENDGEEK Ownership. The contents of this Web Site, including the user interface, text, graphics, banner/logos, icons, free web-ready banner/logos, movies, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of BLENDGEEK and are protected by U.S. and international copyright and trademark laws. Third Party codes/scripts may have been used in the development of this Web Site. Some codes have been provides by Seb Lee-Delisle which is licensed under a Creative Commons 2.0 License.
Intellectual Property. BLENDGEEK owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site to the fullest extent provided under U.S. and international law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Web Site. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of BLENDGEEK without the written consent of BLENDGEEK.
Trademarks. User acknowledges that no trade or service marks are being conveyed under this Agreement. User acknowledges that BLENDGEEK has no obligation or duty to perform trade or service mark searches to validate the propriety or legality of the customized banner/logo. Accordingly, BLENDGEEK encourages Users to perform their own independent searches. User acknowledges that BLENDGEEK shall have no responsibility to assist User in seeking state or federal intellectual property protection (i.e., trademark registration). BLENDGEEK shall not be responsible to assist User to perfect the Users rights.
Third Party Rights. If Users believe any content appearing on the Web Site infringes another party’s rights, please to notify us of this infringement.
Registration, Password, User Identity
User Identity. When registering, Users will create an identity ("User Identity"). The User Identity will include certain information, including the industry in which Users operate. The information provided may not be treated as confidential.
Passwords and Access. Users shall keep confidential the User Identity, registration identification, and password(s). Users shall immediately notify BLENDGEEK if Users learn of or suspect: (i) any loss or theft of a User Identity, registration identification or password, or (ii) any unauthorized use of Users registration identification or password or of the Web Site. In such an event, BLENDGEEK may impose additional security obligations on Users.
Security Breaches. If any unauthorized person obtains access to the Web Site as a result of any act or omission by a User, that User shall use his best efforts to ascertain the source and manner of acquisition and shall promptly notify BLENDGEEK. Users shall cooperate and assist in any investigation relating to any such unauthorized access.
Inactivity. BLENDGEEK will maintain and grant Users access to in-progress information until one year after the customized banner/logo is finished. If Users have not accessed the Web Site after that time, BLENDGEEK may delete that information.
Privacy
BLENDGEEK will use reasonable efforts to follow its privacy policy. Such privacy policy may be changed from time to time at BLENDGEEK's sole discretion. BLENDGEEK does not assume any responsibility or liability for any information submitted to the Web Site or for the misuse of any User Information submitted by Users or any other person, including any information accessed by a hacker or by any other malicious act.
Disclaimers; Limitations of Liability
Release from Claims. The Service serves as a venue for the creation of banner/logos. BLENDGEEK does not screen or censor any information or material posted to the Web Site. Although BLENDGEEK makes reasonable efforts to determine the identity of Users, BLENDGEEK does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release BLENDGEEK from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS." BLENDGEEK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. BLENDGEEK DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. BLENDGEEK SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BLENDGEEK OR ANY THIRD PARTY. FURTHER, BLENDGEEK DOES NOT WARRANT THAT THE WEBSITE WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
Limitation of Remedy. NEITHER BLENDGEEK NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FORANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEB SITE OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.
Exclusion of Consequential Damages. IN NO EVENT SHALL BLENDGEEK OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE OR ANY OTHER CONTENT, EVEN IF BLENDGEEK OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Indemnification
Users agree to defend, indemnify and hold harmless BLENDGEEK and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.
Linked Content
The Web Site may contain links to third party web sites or other services (the "Linked Content"). The Linked Content is not under the control of BLENDGEEK and BLENDGEEK therefore is not responsible for the Linked Content. BLENDGEEK provides Linked Content to Users only as a convenience and the inclusion of such Linked Content is not an endorsement by BLENDGEEK. If Users decide to access any Linked Content, Users do so at their own risk.
Termination
BLENDGEEK reserves the right to terminate Users access to all or a portion of the Service without notice. In the event of such termination, BLENDGEEK will determine the amount of any refund (if any) to be paid to User as a result of such termination. Should Users use of the Service result from a material breach of this Agreement, or any other agreement between BLENDGEEK and User, User shall not be entitled to any refund.
E-mail
Communications. BLENDGEEK will generally use email to communicate with User. By using the Service, Users agree to receive status notifications, a monthly newsletter, and carefully selected special offers and promotions, and third-party services BLENDGEEK believes could be of value to User. Users are free to unsubscribe from such communications at anytime. Users personal identifying information will never be disclosed or shared with another party without Users explicit permission.
General
This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter and supersedes any and all prior oral or written agreements and understandings, including any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by BLENDGEEK [e.g., privacy policy] as a condition precedent to Users use of the Service), between Users and BLENDGEEK regarding this Agreement. No modification, amendment, or waiver of this Agreement shall be binding unless evidenced in writing and signed by BLENDGEEK. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of this Agreement shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in this Agreement were selected for convenience and shall not affect the meaning or interpretation of this Agreement. This Agreement shall be governed by the substantive law of the State of Utah, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to this Agreement shall be submitted to arbitration and then to the federal court having jurisdiction in Toronto, Ontario, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. Users may not assign or otherwise transfer (by operation of law or otherwise) any of Users rights or duties hereunder unless BLENDGEEK agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. BLENDGEEK may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by BLENDGEEK of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of this Agreement.
Any rights not expressly granted herein are reserved by BLENDGEEK. |
