Official Terms and Conditions
1. Acceptance of Terms
Participation in B’laster University, its web site, and its Program (collectively, the “Program”) constitutes entrant’s full and unconditional acceptance of the following terms and conditions (the “Terms of Service”). Program is sponsored by B’laster University, a business unit of B’laster Corporation. (“Sponsor,” “us” or “we”). Sponsor is not responsible for printing errors in these Official Terms. This Program, together with the content, incentives and certifications, information sharing and other services available in this Program, are collectively referred to herein as the “Service”.
The following are the current terms and conditions for participation in the Program and Service. Except for certain aspects of the Service that may be available to Public Users, the Service is provided only to users who complete the registration process and become Members (as such terms are defined below). The Service is offered subject to acceptance without modification of the Terms of Service. If you choose not to accept the Terms of Service in their entirety, then you should take no further action in connection with the Program. The Terms of Service shall be deemed to include all operating rules, policies and procedures that are referred to herein or that may otherwise be included in the Program by Sponsor from time to time (collectively referred to as the “ Policies”), including without limitation, Policies that may be published in respect of:
The Terms of Service are in addition to (not in lieu of) any other agreement(s) that you may have entered into with Sponsor (now or in the future) regarding any services not contemplated by these Program (the “Other Agreements”). If there is any conflict between the Terms of Service and those of any Other Agreement, the terms of the Other Agreement shall control with respect to that service. We grant to you, subject to your compliance with these Terms of Service and any Other Agreement, the non-transferable, non-exclusive, revocable, limited license to use and access the Service for your personal non-commercial use.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
Sponsor reserves the right, at its sole discretion, to modify or replace these Terms of Service (including any Policy referenced or contained herein), in whole or in part, at any time. Sponsor will use reasonable efforts to notify Users of any material change to these Terms of Service. Change notices may be communicated by postings in the Program or, in the case of Members, electronic mail. In any case, Users should periodically check the Terms of Service for changes. Continued use of the Service following such notice of any change to the Terms of Service constitutes User’s acceptance of those changes. The Terms of Service may not be otherwise be amended, except by a written agreement executed by User and Sponsor.
Sponsor reserves the right to cancel the Program at any time and will make reasonable efforts to allow for up to 60 days’ notice of the intent to terminate the Program and all associated program incentives to allow time to fulfill any pending certifications.
The term “Users” includes all registered and unregistered users that access or use the Program or Service. Each User that properly completes the registration process shall be considered a “Member” for the purposes of the Terms of Service. Users that do not complete the registration process, or whose registration is not accepted, shall be considered “Public Users”. Public Users have limited access to the Service, if at all.
Sponsor may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a Member, each User must complete the registration process by providing Sponsor with current, complete and accurate information, as more specifically required by the current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their name and zip code, username, password, legitimate electronic and physical mail address and certain additional information (such as, for example, preferred contact method and products and services of interest); and in order to obtain certain Services applicable to the Program (as further described below), Members may be required to provide mobile telephone account information for prize awarding purposes only. Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Sponsor may refuse to accept any User's application to register as a Member, in its sole discretion.
Upon acceptance of registration, Sponsor will provide email confirmation to the Member. Each Member is solely responsible for maintaining the confidentiality of its access and other account information, and will be solely liable for any and all activities under its account. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify Sponsor immediately of any unauthorized use of Member's account or any other breach of security. At this time, a User must register to become a Member of each Program separately and no transfer (or sale) of certifications or rewards are permitted. Any accounts suspected of this will lead to forfeiture of acquired certifications and rewards and possible suspension or termination of the account(s).
6. Certifications Program
In the Program, Members can watch videos, take quizzes and acquire certifications (“Certifications”), on an individual basis and solely for their own account and personal use. The Program may be structured to offer certain certifications based on the Member’s passing the quizzes (that is, to score 80% or higher). Certifications are not accredited by any official organization or institution.
From time to time, Sponsor will establish (at its sole discretion) education criteria pursuant to which Member’s may “earn” Certifications (such as, for example: by registering for this Service; by sharing User Content at the Program; by engaging in certain activities at the Site (as defined below), watching posted videos; by engaging in certain specified activities related to social networks).
Member acknowledges and agrees that:
- Certifications have no "real world" or cash value. Users shall have no right to demand consideration from Sponsor in exchange for any Certifications.
- Certifications have no purpose or use except to congratulate Members by the Sponsor via the Service.
- Certifications may be time-limited or available only in limited quantities and otherwise subject to availability.
- If you are under the age of majority in your jurisdiction of residence, then your legal guardian may be required to complete an agreement with Sponsor agreeing to and confirming your compliance with these Terms of Service. Sponsor may in its sole discretion choose to issue the Certification directly to your legal guardian. Alternatively, if you are under the age of majority in your jurisdiction of residence, your legal guardian may be required to have the Certification issued directly to them.
- You may not sell, barter, or otherwise transfer Certifications or rewards associated with the Certifications.
- You may not register for or earn Certifications for multiple accounts. Any Certifications earned or transferred in violation of this requirement may be canceled in Sponsor’s sole discretion.
- If you acquire Certifications and qualify for any Reward, you are solely responsible for all (i) federal, state, provincial and/or local taxes (if any); and (ii) other fees and expenses associated with the receipt and use of the Reward or the Certifications.
- All Certifications and associated rewards are issued “AS IS” and without warranty of any kind from Sponsor, express or implied, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
- Any User, as a condition of participation in the Certifications Program, releases Sponsor and its affiliates and partners from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons or property which may be sustained in connection with the earning, redemption use or otherwise participation in any aspect of the Program.
If applicable, Sponsor will arrange for the Certifications and affiliated rewards to be delivered to Member’s destination of choice within the fifty (50) United States. However, the number of days in transit is not guaranteed and depends on the final destination. Sponsor is only responsible for the actual ship date of the product. Sponsor is not liable to Member for any loss, delay or mis-delivery of the Certifications and any affiliated Reward.
Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Program, including, without limitation, (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate Certifications, quizzes, or other information or the failure to capture any such information.
Sponsor reserves the right to disqualify, in their sole discretion, any person tampering with the operation of the systems required to conduct the Program or operate B’laster University website, or who is otherwise in violation of these Terms of Service.
If you have not earned any Certifications within any 12-month period then your account may be closed. At any time following the voiding of an account, a former Member may re-enroll in the Program.
Any account may be audited on a regular or special basis in the event of suspected fraudulent activity, as it relates, but not limited to Certifications and its affiliated Rewards. Sponsor reserves the right to delay the processing of Certifications, restrict access to Member account, or refuse to issue a Certification if it determines that it was obtained fraudulently or with intent to manipulate the Program. In the event that Sponsor takes any action to restrict access to or removes Certifications from the Member account, Sponsor will use reasonable efforts to provide notice to Member. However, Sponsor will not be liable for any failure to provide this notice.
Sponsor reserves the right to cancel the Program at any time and will make reasonable efforts to allow up to 60 days’ notice of the intent to terminate program/certifications to allow ample time for Certification request fulfillment.
Except as expressly provided otherwise in the Terms of Service, each Member or other User is solely responsible for all of its costs and expenses related to the Service. Sponsor determines whether (and how much) Users will be charged to access the Program and use the Service. In the case of any Program and Service that are initially made available without charge, Sponsor may later decide to charge for accessing or using some or all of the features of the Program and Service. Should Sponsor decide to charge for access to or use of particular features of the Program, Members enrolled in the Program shall have the option to discontinue their access to the Program prior to charges being incurred. In the case of any Program or Service where a subscription or other fee is charged, the Sponsor may later decide to change the price of that fee. Users will be notified of fee changes in accordance with Section 2. User hereby agrees to pay all applicable fees for Program and Services that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by the Sponsor. All payments are nonrefundable except as may be expressly stated elsewhere herein.
The Program may include discussion forums or other features, where Members may upload, display or transmit user generated content, such as testimonials, images, videos and other information of interest to those Members (referred to as “User Content”). By posting User Content, you grant Sponsor permission to display, modify, reproduce, and distribute the User Content for advertising and promotional purposes and without compensation or approval.
Because Sponsor does not review the substance of Member postings on the Program or other communications via the Service, every Member must be careful in dealing with other Members to avoid fraud. Member acknowledges that information provided by other Members may, despite the prohibitions set forth in the Terms of Service, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and so Sponsor cannot and does not confirm that each Member is the person who they claim to be.
Sponsor is not involved in Member-to-Member dealings and, therefore, each Member agrees, in connection with any use of the Service: (a) to release and hold harmless Sponsor and their respective parents, affiliates, subsidiaries, employees, contractors, officers, directors, members, partners and representatives from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such Member (including any disputes with other Members using the Service); and (b) to attempt to settle any disputes directly with such other Member or other third party.
9. User Rules and Conduct
The Service is provided to Users only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Program or other aspect of the Service for which the User is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account or password, including User Content posted to or transmitted via the Service.
As a condition of use, each User hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Service or any Other Agreement, or any other purpose not reasonably intended by Sponsor. User agrees to abide by all applicable local, state, and national laws, regulations and rules. Without limiting the foregoing, Members shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, each User agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner, that:
Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Service or any Other Agreement;
Infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
Reveals any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
Imposes an unreasonable or disproportionately large load on Sponsor’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Sponsor or any third party;
Creates Member accounts by any automated means or under false or misleading pretenses;
Harvests, scrapes or collects any information from the Program, Sponsor Site, or any B’laster owned web site;
Disguises the source of User Content posted by User; or
Impersonates any person or entity, including any employee or representative of Sponsor or other Program Affiliate (defined below).
Member agrees that Certifications are not valid unless earned strictly in compliance with the requirements as established and intended by Sponsor, and Member shall not attempt to earn Certifications and rewards by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Member shall perform all of its obligations in respect of any Program transaction entered into in connection with using the Service.
Sponsor may, at its sole discretion, immediately suspend or terminate any User's access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of this section 9.
Sponsor has no obligation to monitor the Service or any User’s use thereof. However, Sponsor reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).
Sponsor has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, Sponsor and its agents have the right, at their sole discretion, to remove at any time any User Content that, in Sponsor’s sole judgment, does not comply with the Terms of Service or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. Sponsor is not responsible for any failure or delay in removing any such content.
User shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
11. Third Party Sites
The Service may permit Users to access the Program from and to link from the Program to other websites on the Internet, including without limitation, the website affiliated with Sponsor, who is the focus of this Program (Sponsor Site). These other websites are not under Sponsor’s control, and User acknowledges and agrees that Sponsor is not responsible for the content, accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by Sponsor or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites and you are encouraged to review them prior to your use.
12. Participation in Additional Promotions of Affiliates
Any dealings by Users with the Sponsor, advertisers and other vendors (collectively, “Program Affiliates”) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and Program Affiliate or other third party.
13. Proprietary Rights
User acknowledges and agrees that the Program, Service and all content and materials created by or for Sponsor and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Sponsor (and its licensors) shall own and retain all right, title, interest and goodwill attached thereto (including all intellectual property and proprietary rights) Each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program, Service or such content and materials. However, unless the Service otherwise restricts the User from doing so, User may print or download a reasonable number of copies of the materials or content from the Program for the User’s personal, non-commercial purposes; provided, however, that User retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Program by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Sponsor’s express prior written permission. Attempting to access or use the Program, Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
If User desires to make any use of any Program content for any purpose other than personal, noncommercial reference, then User must first obtain written permission from the owner of that content.
14. License to Sponsor
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Program, each User hereby:
- grants and agrees to grant to Sponsor and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Program and Service (including without limitation, being exported under content-sharing arrangements with other websites); and
- represents and warrants that all User Content includes appropriate attribution to the copyright owner; and
- represents and warrants to Sponsor that User owns or otherwise controls all rights to such User Content and that public disclosure
and use of the User Content by Sponsor (including without limitation, publishing content to the Program) will not infringe or violate the rights of any third party; and
- acknowledges and agrees that the User Content is intended to and will be made available to, and used by, Sponsor and other Users.
User agrees that he or she will not contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant Sponsor the use license, and to satisfy all of the warranty requirements, described above.
Notwithstanding the foregoing, the Service may provide each User with the ability to remove some or all of the User Content posted to the Program by such User. Following any such removal, Sponsor will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by Sponsor at the Program; provided, however, User acknowledges and agrees that Sponsor may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that Sponsor shall have no responsibility or liability with respect to any content that has been exported by Sponsor or shared with other Users via the Service or that has been downloaded or copied by other users to other websites, systems and devices.
Sponsor may terminate any User's access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Upon Sponsor termination, Members at Sponsor’s discretion may be given sixty (60) days’ notice to redeem active certifications. If Member wishes to terminate its registration and account, Member may do so at any time by accessing the delete account feature on their Member account page.
Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) except when Sponsor terminates a User for breach of any of these Terms of Service and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 12 – 23 shall survive. After termination, Sponsor has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Certifications and rewards, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other User or third party.
16. Disclaimer of All Warranties.
THE PROGRAM AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE PROGRAM AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SPONSOR AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER'S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW US TO EXCLUDE IMPLIED WARRANTIES OR TO LIMIT THE LENGTH OF TIME THE IMPLIED WARRANTIES ARE AVAILABLE, SO SOME OF THE EXCLUSIONS WE HAVE LISTED ABOVE MAY NOT APPLY TO YOU.
17. Limitation of Liability
User agrees that Sponsor and their respective affiliates shall not be responsible or liable for any unauthorized access to, alteration or use of User's account, transmissions or data, any material or data sent or received or not sent or received through the Service. User agrees that neither Sponsor nor their respective affiliates is responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
IN NO EVENT SHALL SPONSOR OR ANY OF THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO SPONSOR BY USER (AND RETAINED BY SPONSOR HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US $50.00, WHICHEVER IS LESSER, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees to defend indemnify and hold Sponsor and their respective employees, contractors, officers, directors, members, partners and representatives harmless against any action or suit by a third party that arises out of (a) any transaction with the Sponsor or other Program Affiliate or other Member in which User is involved, (b) User's use or misuse of the Service, (c) User's breach of any of its representations, warranties or covenants under the Terms of Service. User will indemnify Sponsor for any settlement amounts or damages, liabilities, costs and/or expenses (including reasonable attorneys' fees) awarded and arising out of such a claim. Sponsor, as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, including the selection of attorneys in any such proceeding, in which event User will assist and cooperate with Sponsor in asserting any available defenses. Sponsor’s legal rights against User shall not be limited to this Terms of Service/Agreement, but shall include any other as may be justified by the facts, common law and other statutes.
19. International Use
Participation in the Program is intended for residents of the United States only. Sponsor makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service (including earning certifications) is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
20. No Class Relief, Choice of Law and Forum
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and Sponsor agree that any claim or cause of action arising out of or related to the Service must commence within six (6) months after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules, and the United States of America. The state and federal courts located in Cleveland, Ohio shall be the exclusive form for any dispute arising out of or related to the Terms of Service or the Services including the Program. You and Sponsor each irrevocably and unconditionally submit to the exclusive jurisdiction of such courts. In the event of any conflict between U.S. and foreign laws, rules and regulations, U.S. laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this Section 20.
Pursuant to the “NO CLASS ACTION” paragraph below, we each agree that any litigation will be solely between you and Sponsor, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim).
NO CLASS ACTIONS. TO THE EXTENT ALLOWED BY LAW, YOU AND SPONSOR EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY. TO THE EXTENT ALLOWED BY LAW, SPONSOR AND USERS EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
21. Integration and Severability
The Terms of Service (including the Policies, and together with any Other Agreements) are the entire agreement between User and Sponsor with respect to the Service and use of the Program, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and Sponsor with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
22. General Provisions
User's rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or subject to sublicense by User except with Sponsor’s prior written consent. Sponsor’s may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. If any provision of this document is found by a court of competent jurisdiction to be invalid, the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this document will remain in full force and effect.
23. Copyright Policy
Sponsor respects the intellectual property rights of others and expects users to do the same. In appropriate circumstances and at Sponsor’s sole discretion, Sponsor may terminate and/or disable the any Member’s account if that Member is suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in Sponsor’s sole discretion, Sponsor may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Sponsor will respond promptly to claims of copyright infringement that are reported to the agent that Sponsor has designated to receive notifications of claims infringement (its “Designated Agent”). Sponsor’s Designated Agent is:
Michael C. Cohan, Esq.
Cavitch Familo & Durkin Co, L.P.A.
1300 East Ninth Street, 20th Floor
Cleveland, Ohio 44114
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to Sponsor by providing Sponsor’s Designated Agent with a written notification of claimed infringement that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sponsor will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
24. California Provision