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Terms and Conditions of Use

 

INTRODUCTION

Welcome to BLASTabout!

This website, http://www.blastabout.com, is an entertainment website that allows its users to send BLASTs to e-mail addresses or cell phone numbers. If you have something to say to or about someone – whether a co-worker, a boss, a family member, a teacher, a celebrity, or anyone else – why not BLAST it? Users can even sent a BLAST anonymously, if they so desire. This website allows users and members, among other things, to create unique personal profiles online, to choose prepared fastBLAST Favorites, to follow other BLASTers, and to communicate with or about others. The services (the “Services”) offered by this website may include personal profiles, content sent to or about others, “blogs,” social networking services, uploading and viewing content, chat rooms, bulletin boards, and other features, content, and information. 

This website is owned by LUCKY CHEESE, LLC (the “Company,” “BLASTabout,” “We” or “Us”), and it and its Services are hosted in the United States. This site is intended for use by residents of the United States of America, and it is governed by the laws of the United States. While this site may comply with many of the rules, policies and laws of the European Union or other countries or jurisdictions, We do not guarantee that this website is or will be in compliance with the rules, policies or laws of any countries other than the United States or of any jurisdictions outside of the United States. Thus, please note that We do not guarantee that this website is in compliance with the European Union’s European Directive on Data Protection, the U.S. Department of Commerce Safe Harbor Privacy Principles or any other laws, rules or principles governing non-U.S. residents or websites or transactions or communications with non-U.S. residents or websites. The following terms and conditions of use (the “Terms of Use” or “Agreement”) apply to any and all visitors to and users of this site (hereinafter referred to as “User” or “You”). All access to and use of this website and any Services provided by this website are governed by these Terms of Use, as well as by the website’s Privacy Policy. 

Note that the use of certain material or the conduct of certain transactions on the site may be subject to additional terms and conditions that will be made available to User prior to using such material or completing such transactions. Moreover, to be able to participate in certain of this website’s Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided in any of the additional terms and conditions applicable to any of those website Services in which you choose to participate, the additional terms and conditions hereby are incorporated here into this Agreement as though set forth in full. Also, note that, unless explicitly stated otherwise, any new features, products or Services that change, augment or enhance the current Services offered by this website shall be subject to and governed by these Terms of Use. 

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY AND YOUR AGREEMENT TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE AND IN OUR PRIVACY POLICY AND/OR DO NOT WISH TO BE BOUND BY THEM, YOU MAY NOT ACCESS OR USE THIS SITE AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY. TO FURTHER SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHEN YOU REGISTER AS A “MEMBER,” YOU MUST CHECK THE BOX NEXT TO “I ACCEPT.” IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE BOX NEXT TO “I ACCEPT” AND DO NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS SERVICES. NOTE THAT YOU ARE BOUND BY THIS AGREEMENT WHETHER OR NOT YOU REGISTER AS A MEMBER AND WHETHER OR NOT YOU CLICK THE BOX NEXT TO “I ACCEPT,” SO LONG AS YOU CONTINUE TO ACCESS OR USE THIS WEBSITE. THE COMPANY RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, ADD, REMOVE OR OTHERWISE TO MODIFY PORTIONS OF THESE TERMS OF USE AND/OR OF THE PRIVACY POLICY AT ANY TIME. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY SUCH CHANGES SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THEM. 

PLEASE NOTE THAT ONLY PERSONS AGED SIXTEEN (16) YEARS OR OVER MAY AGREE TO THESE TERMS OF USE. PERSONS YOUNGER THAN SIXTEEN YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE SIXTEEN YEARS OLD OR OLDER AND THAT YOU AGREE TO ACCEPT THESE TERMS OF USE. IF YOU DECIDE TO REGISTER AS A MEMBER AND YOU ARE UNDER THE AGE OF 18, YOU ALSO MUST REPRESENT AND WARRANT THAT YOU HAVE PARENTAL CONSENT AND AUTHORIZATION TO REGISTER WITH THE WEBSITE. 

REGISTRATION/SIGN-UP OBLIGATIONS 

To access and utilize certain Services on this website, Users will be required to register (“Sign Up”) with Us to become members (“Members”), which will require You to provide certain information about Yourself. If You Sign Up as a Member of this website, You agree to provide Us with true, accurate, current and complete information about Yourself as requested by Us (“Registration/Sign Up Information”). The Registration/Sign Up Information may include name, e-mail address, birthdate, cell phone number, and other personal information about You.  

You further agree as follows: 

  • To refrain from impersonating or falsely representing Your affiliation with any person or entity; 

  • To maintain and update the Registration/Sign Up Information; 

  • To maintain a valid e-mail address at all times and promptly notify Us in writing of any changes to your e-mail; 

  • To access the website using only the login information, including password, associated with Your account; 

  • To be responsible for maintaining the confidentiality of Your account and password and any and all consequences of use or misuse of Your account and password. 

For more information regarding BLASTabout’s use of the Registration/Sign Up Information or any other information You may provide to BLASTabout, please read the BLASTabout Privacy Policy 

ELIGIBILITY, PASSWORD, AND USING THE SERVICES 

Use of and membership in the website and its Services are void where prohibited. 

By using the website and its Services, You represent and warrant that (i) all Registration/Sign Up Information You submit is truthful and accurate; (ii) You will maintain the accuracy of all such information; (iii) You are sixteen years of age or older; and (iv) Your use of the website Services does not violate any applicable law or regulation. 

When You Sign Up as a Member, You will be asked to choose a password. You are solely and entirely responsible for maintaining the confidentiality of Your password and for any and all use of Your account. You agree to log off Your account at the end of each session so that no one else can gain access to the website Services through Your account. You agree not to use the account, username, or password of another Member or User at any time or to disclose Your password to any other person or entity. You agree to notify BLASTabout immediately if You suspect that there has been any unauthorized use of Your account or access to Your password or if You believe the confidentiality of Your password has been compromised in any manner. 

Upon the submission of Your Registration/Sign Up Information and the completion of the registration process, subject to the provisions of this Agreement, You will be able to access and use this site’s Services, including sending and receiving BLASTs, commenting on BLASTs to or about others, creating and using a BLAST Book (which allows you to upload your e-mail contacts to BLASTabout and/or create contacts from other BLASTabout Members), using Search services to search for other Members, communicate with other Members, make Your first upload or posting to Your BLAST File profile subject to the provisions of this Agreement, and engage in other Services and activities, including the posting of BLASTs or other text, files, images, photos, video, sounds, musical works, works or authorship or the posting of any other materials or information (collectively, “Content”). 

While BLASTabout makes reasonable efforts to ensure that this website is available at all times, We do not guarantee, represent or warrant that this website or its Services will be uninterrupted or error-free, and We do not guarantee that Users will be able to access or use all of the BLASTabout features and Services at all times. We also do not guarantee or warrant that any Content that you may have uploaded or otherwise used in connection with Your BLASTabout profile or account or otherwise will not be subject to inadvertent damage, corruption, or destruction. You are responsible for backing up and saving images and other Content. If any data, messages, images, videos, audio clips or other Content in your account or profile and/or which is stored on this website is lost or corrupted in any way, We have no obligation or liability to You. We assume no responsibility if this site or any of its Services become unavailable for any reason or fail to meet your requirements, or if any Services provide inaccurate or untimely information. 

UPLOADED CONTENT AND CONDUCT RELATING TO POSTING CONTENT 

Please choose carefully the information or other Content that You upload and/or the BLASTs or other Content that You post on this website. Your profile may not include the following items: street addresses, social security numbers, or any photographs containing nudity or obscene, lewd, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information or other Content provided by Users and Members of this website (for example, in their BLASTs or in their BLAST File profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BLASTabout assumes no responsibility or liability for this material. We cannot control the use of Our website and Services, and We (including Our subsidiaries, affiliates, officers, agents, co-branders or other partners or employees) are not responsible or liable for the appearance on this website of such Content, images or material. However, if You become aware of misuse of this website or its Services by any person, please contact BLASTabout via e-mail at support@BLASTabout.com or click on the “Report Abuse” link on the top of your BLAST Feed website page. 

BLASTabout reserves the right, in its sole discretion and judgment, to reject, refuse to post or remove any BLAST or other posting (including private messages) by You, or to restrict, suspend, or terminate Your access to all or any part of this website or its Services at any time, for any reason or for no reason, without prior notice, and without liability. BLASTabout may delete any BLASTs or other Content or information that, in its sole discretion and judgment, may be offensive or illegal or may violate the rights, harm, or threaten the safety of any person. We may, at Our discretion and in Our judgment, contact law enforcement authorities if We believe that anything unlawful is occurring or has occurred in relation to the website. We may provide copies of any relevant images, material or other Content to the law enforcement authorities and, in that connection, We may also give them access to any personal data that is held by Us. However, notwithstanding the foregoing, BLASTabout assumes no responsibility for monitoring the website or its Services for such inappropriate BLASTs, Content or conduct. If, at any time, BLASTabout chooses, in its sole discretion, to monitor the Content on the website or its Services, BLASTabout nonetheless assumes no responsibility or liability for such Content, nor will BLASTabout assume any obligations to modify or remove any inappropriate BLASTs or other Content, nor assume any responsibility or liability for the conduct of any User who has submitted or posted any such inappropriate BLASTs or other Content. 

You are completely and solely responsible for the Content that You post on this website or post or send through any of its Services, including any BLASTs that you send to non-Members, as well as for any material, information or other Content that You transmit or send to other Users or Members. In addition, You are completely and solely responsible for Your interactions with other Users or Members. BLASTabout does not endorse or sponsor any User or Member Content, nor does it have any control over User or Member Content. Posted Content, including any BLAST that is sent by a User or a Member, is not necessarily reviewed by BLASTabout prior to posting or sending and does not reflect the opinions, policies or judgments of BLASTabout. BLASTabout makes no warranties, express or implied, as to any User or Member Content, including as to the accuracy, integrity, quality or reliability of any such Content or as to any material or information that is transmitted or sent to any User or Member. 

OWNERSHIP AND OTHER PROPRIETARY RIGHTS IN AND TO UPLOADED CONTENT 

BLASTabout does not claim any ownership rights in and to the Content that You post to this website or post or send through any of its Services. After posting or transmitting Your Content on or through any of this website’s Services, You continue to retain all ownership rights in and to such Content, and You continue to have the right to use Your Content in any way you choose, subject to applicable laws. However, by posting Content to this website or sending it through its Services, BLASTabout will obtain from you a non-exclusive license to use that Content as set forth below. 

By uploading Content to this website or otherwise sending or Submitting (as defined below) any Content to this website or through any of its Services, You automatically grant (or represent and warrant to Us that the owners of such rights have expressly granted) to Us a perpetual, universe-wide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, publicly perform, publicly display, sublicense, translate, create derivative works of and distribute such Content worldwide, including outside of the website or its Services. (To “Submit” Content means to sell, use, transmit, send, create, upload, submit, develop, distribute, publish or display such Content on the website or through any of its Services.) This license does not grant Us any ownership rights to the Content. Please note, however, that this license does not terminate at the time You remove Your Content from this website or its Services. 

You represent and warrant that: (i) You own the Content posted by You or otherwise have the right to grant to Us the foregoing license; (ii) all rights of publicity and privacy and all so-called “moral rights” in such Content have been waived; (iii) the Content does not and will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy rights, publicity rights, contract rights or any other personal or proprietary rights of any other person or entity; (iv) the Content does not contain libelous, defamatory, harmful, threatening, abusive, harassing, tortious, hateful, vulgar, obscene, indecent, false, misleading or otherwise unlawful or objectionable material; (v) You are at least sixteen years of age; and (vi) You agree to pay for all royalties, fees, or other monies or amounts owing to any person or entity by reason of any Content posted by You to the website or posted or sent through its Services. 

You understand and acknowledge that the technical processing and transmission of Your Content may involve transmission over various networks and technical and format changes to conform and adapt to the requirements of the website’s Services. 

OWNERSHIP AND OTHER PROPRIETARY RIGHTS IN AND TO BLASTABOUT CONTENT ON THIS WEBSITE 

This website and its Services includes Content that was not uploaded or posted by Users or Members. Such non-User and non-Member Content included on this site includes, without limitation, text, graphics, images, logos, designs, audio or video clips, digital downloads, data compilations, software, technology, and other Content used by Us in the operation of this website and the provision of its Services. The copyright, patent, trademark, trade secret and all other rights in and to such text, graphics, images, logos, designs, audio or video clips, digital downloads, data compilations, software, technology and other Content (collectively, the “Intellectual Property”) are the property of BLASTabout or BLASTabout’s Content suppliers or licensors (with the exception of Content Submitted by You or other Users or Members) and are protected by the laws of the United States and other countries and international treaties. The compilation of Content of this site is the property of BLASTabout and is protected by the laws of the United States and other countries and international treaties. Certain logos and marks set forth on this website are the registered or unregistered trademarks of BLASTabout in the United States. All other trademarks that are not owned by BLASTabout that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to BLASTabout. Except as otherwise provided within this Agreement, nothing contained on this site shall be construed as granting any license or right to User under any trademark, copyright, patent or other intellectual property right of BLASTabout or any third party. Thus, You will not and do not gain any ownership or other right, title or interest in and to such Intellectual Property by reason of this Agreement or otherwise. 

LIMITED LICENSE, USER CATEGORIES AND MEMBER ACCOUNTS, BLAST SERVICES, SITE USE AND CONDUCT 

1. Limited License 

BLASTabout grants You a limited, revocable, nonsublicenseable license to access and to display portions of the Intellectual Property (excluding any software code) from this site solely for Your personal, non-commercial use in connection with viewing this website and using its Services, except as otherwise provided in this Agreement or on the site. In accordance with these Terms of Use, You are not permitted to download any Content, material or Intellectual Property that You do not own (including, without limitation, software, text, graphics, or other Content), except for printing single copies of pages, as necessary to access and use the site for personal, non-commercial use provided that all downloaded material or Content shall retain all copyright, trademark and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the site. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that You are permitted to download from this site, except as may be permitted by law. Except only as expressly provided within this Agreement or elsewhere on this site, this site (or any derivative work based on it), its Contents or any other material from this site may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without BLASTabout’s prior express written consent. Except only as expressly provided within this Agreement or elsewhere on this site, User may not otherwise reproduce, modify, distribute, transmit, post, or publish any Content or material from the site without BLASTabout’s prior written consent. All rights not expressly granted to You here and/or within this site, including ownership and title, are reserved for BLASTabout (or other owner) and are not transferred or licensed to You. 

2. User Categories and Member Accounts 

There are four (4) types of User categories and the Services offered to a User depend upon the classification of User. The User classifications are as follows: 

a. Public User 

A “Public” User is a User who is visiting the site but has not yet Signed Up as a Member. Even without Signing Up, a Public User can receive BLAST Mail, send a BLAST, receive a BLAST, perform a Search for Members and Users of the Services, and view a Public Entity or Celebrity User’s BLAST Feed. Public Users will not be able to view a BLAST unless or until they Sign Up with the website. 

b. Private Member 

A “Private” Member has Signed Up as a Member but chosen to keep her or his BLAST Feed private. A Private Member will have the ability to BLAST In, BLAST Out, maintain a password-protected BLAST File profile, use the BLAST Tracker, maintain a BLAST Book, receive and send BLAST Mail, send and receive BLASTs, add a comment to a BLAST, perform Searches, view her or his own BLAST Feed and view a Public Entity or Celebrity User’s BLAST Feed. 

If a Member chooses to be Private, that Member has chosen to keep her or his BLAST Feed private, which means that the Private Member is not allowing any User or Member, even a Fearless Member, to view her or his BLAST Feed. In making that choice, a Private Member also will not be able to view a Fearless Member’s BLAST Feed. 

c. Fearless Member 

A “Fearless” Member has Signed Up on the site, and has chosen to make her or his BLAST Feed public to other Fearless Members. A Fearless Member has access and use of the most Services. A Fearless Member may BLAST In, BLAST Out, maintain a password-protected BLAST File profile, use the BLAST Tracker, maintain a BLAST Book, receive and send BLAST Mail, send and receive BLASTs, follow other Members, add a comment to a BLAST, perform Searches, view her or his own BLAST Feed, view another Fearless Member’s BLAST Feed, view a Public User’s BLAST Feed, and view a Public Entity or Celebrity User’s BLAST Feed. 

A Fearless Member has chosen to keep her or his BLAST Feed public for other Fearless Members to view. In making that choice, a Fearless Member will be able to view any other Fearless Member’s BLAST Feed. 

Once a Member has chosen to become a Fearless Member, he or she must remain a Fearless Member for a minimum of fifteen (15) days. At the end of that fifteen-day period, the Member can opt to change her or his User category to a Private Member, if the Member so chooses. 

d. Public Entity or Celebrity User 

A “Public Entity or Celebrity User” is person, company or other entity whose persona, product, service, brand or company is the subject of a public page maintained and managed by a Member or by a BLASTabout administrator (Master Blaster). Such a page is set up or created by a Member or by BLASTabout to allow Users the opportunity to BLAST about that person, product, service, brand or company. A Public Entity or Celebrity User’s BLAST Feed is public for any other Users or Members to view. A Public Entity or Celebrity User cannot sent BLASTs or use any other Services. 

3. BLAST Services 

BLASTabout, at BLASTabout.com, is a free service that allows Users to send BLASTs to anyone with an e-mail address or a cell phone, subject to any and all applicable geographical, carrier, service provider, technical or other restrictions or rules. Please note that all BLASTs sent via cellular phone are subject to any applicable texting rates or charges that normally are assessed by the cell phone user’s provider, and BLASTabout is not responsible or liable for any such applicable charges. 

If You have something to say to or about someone, the Services allow you to BLAST it. You can BLAST anyone – either anonymously or publicly; it’s your choice. If you become a Member, You can choose to send BLASTs or otherwise communicate or interact anonymously or publicly – it’s a Member’s choice. A Member can send a BLAST to anyone who already is a Member or to anyone else with a known e-mail address or cell phone number, subject to any and all applicable geographical, carrier, service provider, technical or other restrictions or rules. A Member can choose from at least two kinds of BLASTs – megaBLASTs and fastBLASTs. A megaBLAST allows Members to create and send unique messages that the Members author themselves – unedited and unfiltered by BLASTabout. A fastBLAST allows Members to choose from hundreds of existing statements. 

Some of the other Services offered by BLASTabout allow Members to BLAST a celebrity, company, product, or service that is listed on the site. Fearless Members can follow other Members and see when other Members have been BLASTed and what others are BLASTing about those other Members by viewing other Fearless Members’ BLAST feeds. The site also allows Members the choice to create and manage a password-protected BLAST File profile, BLAST In, BLAST Out, use the BLAST Tracker, maintain a BLAST Book, receive and send BLAST Mail, send and receive BLASTs, add a comment to a BLAST, perform Searches, view her or his own BLAST Feed, and view a Public Entity or Celebrity User’s BLAST Feed. 

For more information about the various Services offered through this website, visit our Help and FAQ page. 

 

4. Site Use and Conduct

If You choose to upload any images or other Content onto this website or to send any Content through its Services, please note that You are solely and completely responsible for determining whether Your use of such images or other Content requires the consent of any third party or the license of any additional rights for Your intended use. You must not rely solely on the information on this website to determine whether additional rights are required for Your intended use of any images or other Content. If You are unsure whether additional third-party rights are needed for Your intended use, You are responsible for consulting with competent rights management professionals, legal counsel, or other relevant individuals or entities.

While visiting this site, User shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, vulgar, obscene, libelous, defamatory, harmful, threatening, abusive, harassing, tortious, hateful, racially, ethnic or otherwise objectionable, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy, or other rights of third parties; (e) a computer virus, worm, Trojan horse, spyware, adware, or any other element that is destructive to the site or to any Company hardware or software accessible through the site or its third party hosting facility; (f) a digital or manual signature, password, or other element that impersonates a Company employee, associate or affiliate, or any forged TCP/IP headers or parts of a header; or (g) material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law.

You agree to comply with all laws, rules and regulations that apply to Your use of this website and its Services. You also agree that You and any person with access to Your account or password will NOT, directly or indirectly, in connection with or using this website or Services do any of the following: 

  • Violate or breach this Agreement, violate any law, rule or regulation, or encourage any third party (including any other User or Member) to do so or to use this website or its Services in any manner that leads to a government complaint or investigation; 

  • Abuse, harass, advocate the harassment of, stalk, defame, impersonate, invade the privacy of, or infringe the rights of any person; 

  • Exploitany person in a sexual or violent manner; 

  • Harm minors in any way; 

  • Solicit personal information from anyone under the age of eighteen; 

  • Impersonate any person or entity, forge TCP/IP or other e-mail headers or parts of headers or other identifiers, Submit or otherwise transmit a digital or manual signature, password, or other element that impersonates a Company employee, associate or affiliate or any other person or entity, or otherwise forge or disguise any user name or the source or quantity of e-mail or other transmissions; 

  • Create multiple User or Member accounts in violation of this Agreement or create User or Member accounts by any automated means (unless otherwise expressly authorized under this Agreement); 

  • Submit Content or other material to this website or through its Service that is abusive, libelous, defamatory, offensive, obscene, hateful, harmful, threatening, harassing, illegal, vulgar, dangerous, or tortious or that promotes bigotry, hatred or physical harm of any kind against any individual or group; 

  • Interfere with the functioning of any other person’s enjoyment of this website or any of its Services; 

  • Submit Content or other material to this website or through its Services that contains nudity or other obscene or offensive Content or images or contains a link to an “adult” website; 

  • Submit any Content or other material to this website or through its Services that infringes any intellectual property, copyright, trademark, patent, trade secret, publicity, privacy, business, contractual or fiduciary rights, or other proprietary rights of any person or entity unless the express prior consent of such person or entity has first been obtained or Submit any Content or material that You do not have a right to transmit under all applicable laws or under contractual or fiduciary relationships (such as, for example, inside information, trade secrets, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

  • Submit or otherwise promote illegal or unauthorized copies of another person or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video, or images or links to pirated music, video or image files; 

  • Remove any copyright, trademark or other proprietary rights and/or notices contained in or on the website or any of its Services; 

  • Submit or otherwise promote Content or information that You know is false or misleading; 

  • Submit or otherwise promote Content or information that promotes illegal activity or that promotes conduct that is abusive, threatening, obscene, defamatory, libelous or otherwise violative of a third party’s personal rights; 

  • Send or otherwise Submit or transmit unsolicited or unauthorized advertising, unsolicited advertising, promotional material, or other forms of solicitation promotional materials, “junk mail,” “chain letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging, “spimming,” “spamming” or any other similar forms of solicitation; 

  • Send or otherwise Submit Content or other material that contains restricted or “password only” access pages or hidden pages or images (those not linked to or from another accessible page); 

  • Solicit passwords or other personal identifying information from other Users or Members for commercial or unlawful purposes; 

  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, promoting physical harm or injury against any group or individual, promoting any act of cruelty to animals, violating someone’s privacy, or providing or creating computer viruses, worms, “Trojan horses,” spyware, adware, any other file or element that is destructive to this website or to any of its Services or to any Company hardware or software accessible through this website or its third party hosting facility, or any files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

  • Modify, adapt, translate or reverse engineer any portion of the website or its Services or redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software or other materials that You are permitted to download from this site, except as may be explicitly permitted by law; 

  • Reformat or frame any portion of this website, its Services or any web pages that are part of the Services; 

  • Interfere with or disrupt or hack into the website or its Services or servers or networks connected to these Services, or disobey any requirements, procedures, policies or regulations of networks connected to these Services; or 

  • Submit or otherwise transmit any Content or other material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law. 

In addition to the foregoing listed activities, the following is a partial list of the kind of activities that are illegal and/or prohibited on this website: 

  • Any criminal or tortious activity, including, without limitation, child pornography, fraud, forgery, trafficking in obscene material, drug dealing, prostitution and related solicitations, gambling, harassment, stalking, impersonating any other person or entity (including other Users or Members), spamming, spimming, sending viruses, worms or other harmful files, copyright infringement, patent infringement, other infringements of proprietary rights and intellectual property, or theft of trade secrets; 

  • Solicitation of or advertising to any Member or User to buy or sell any products or services through this website or its Services, unless You have the express permission and consent from BLASTabout or from the User or Member. It is a violation of this Agreement for any User or Member to use any information obtained from this website or its Services to contact, advertise to, solicit or sell to any other User or Member without their prior explicit consent; 

  • Covering the banner advertisements on your personal profile page or any BLASTabout page via HTML/CSS or any other means; 

  • Selling or otherwise transferring or assigning your BLAST File/profile; 

  • Using any information learned or obtained from this website or its Services to harass, abuse, stalk, threaten or otherwise harm any person or entity; 

  • Using the account, username, or password of any other Member at any time or disclosing Your password to any other person or entity or permitting any other person or entity to access Your account; 

  • Displaying any advertisements on Your BLASTfile/profile or accepting payment or anything of value from any third person or entity in exchange for your performing any commercial activity on the website or through its Services on behalf of that third person or entity, such as placing any commercial Content on Your profile, posting “blogs,” bulletins or other messages or communications that have a commercial purpose or sending any private messages or other transmissions that have a commercial purpose; or 

  • Using the BLASTabout website or any of its Services in a manner that is inconsistent with any and all applicable laws and regulations. 

BLASTabout reserves the right to investigate and take appropriate legal action against anyone who, in BLASTabout’s sole discretion, violates this Agreement, including, without limitation, to remove any offending communications from the website or its Services, to terminate the Membership of violators, to delete BLAST Files/profiles or BLAST Feeds of violators and to take other similar actions and remedies. As explained above, We may, at Our discretion and in Our judgment, contact law enforcement authorities if We believe that anything unlawful is occurring or has occurred in relation to the website. We may provide copies of any relevant images, material or other Content to the law enforcement authorities and, in that connection, We may also give them access to any personal data that is held by Us. 

In addition, We may request You to place all or any portion of the Content under a “private” setting (i.e., exclusively for Your own personal viewing) and require You not to alter that setting under any or all circumstances if We determine that such Content is inappropriate for the public or the BLASTabout community. We also reserve the right to lock the share settings of Your account for any reason or for no reason, including if You do not thereafter log in for continuous period of three (3) months. 

MEMBER DISPUTES 

You are solely responsible for Your interactions with other Members and Users. BLASTabout reserves the right, but has no obligation or responsibility, to monitor any interactions between You and other Users or Members, including any disputes. 

MATERIAL OWNED BY THIRD PARTIES AND LINKED CONTENT 

This site may include materials and Content owned by third parties who are not Users or Members, as well as links to websites owned by third parties who are not Users or Members. Access to and use of any of this third party Content or material is at the User’s own risk. Please exercise discretion while browsing the Internet. You should be aware that, while you are on this site, You could be directed to other sites that are beyond the control of BLASTabout. There are links to other sites from BLASTabout’s pages that take You outside of BLASTabout’s site and its Services. This may include links from affiliates, business partners, sponsors, content providers or others that may or may not use BLASTabout’s logo(s) and/or trademark(s) as part of a co-branding or other agreement. These other sites may send their own “cookies” to Users, collect data, solicit personal information, or contain information that You may find inappropriate or offensive. While BLASTabout reserves the right to disable links from third party sites to this site or vice versa, it makes no representations concerning the Content of sites linked to this site or listed or set forth anywhere within this site. BLASTabout makes no claim or representation regarding, and accepts no responsibility for any Content, accuracy, or reliability of information, data, opinions, advice, statements, products, or materials on such third party sites, nor does it assume responsibility for Your reliance on or use of Content, products, or other materials obtained from such sites. Such reliance is at your own risk. Moreover, BLASTabout cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this site or listed or set forth anywhere within this site. 

BLASTabout’s inclusion of any third party material or Content on this site that is not owned by BLASTabout, Users or Members shall not be construed as BLASTabout’s endorsement or sponsorship of any third party or the third party material or Content, and no rights or license are granted to User in any of the third party material or Content. User agrees to defend and hold BLASTabout harmless from any liability that may result from User’s use of any third party material or Content that User accessed through or on this site 

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY  

You expressly agree that use of this website and any of its Services is at Your sole risk and responsibility. 

ALL MATERIALS IN THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SITE OR THE MATERIAL WITHIN THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS, BLASTABOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BLASTABOUT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT OR MATERIALS ON THIS SITE OR THE SERVERS THAT MAKE SUCH CONTENT OR MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLASTABOUT ASSUMES NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE OR FOR CONTENT OR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. BLASTABOUT DOES NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE SITE, INCLUDING OF SUCH CONTENT’S QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND NO SUCH CONTENT SHALL BEAR OR CREATE ANY WARRANTY BY BLASTABOUT. Some jurisdictions may not permit the exclusion of limited warranties. Thus, certain disclaimers and exclusions may not apply to You, because they will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.  

BLASTabout is not responsible for any incorrect or inaccurate Content posted on the website or posted or transmitted through its Services by any Users or Members, even if such incorrectness, mistakes or inaccuracies are caused by any equipment or programming associated with or utilized in the Services or on this website. 

To the extent that a User or Member sends any BLASTs through someone’s cellular telephone number, such BLASTs are subject to any applicable texting rates or charges that normally are assessed by the cell phone user’s provider, and BLASTabout is not responsible or liable for any such applicable charges. Moreover, BLASTabout does not guarantee that a User or Member will be able to send a BLAST via someone’s cellular telephone number or e-mail address, as such BLASTs are subject to any and all applicable geographical, carrier, service provider, technical or other restrictions or rules that are beyond the control, responsibility or liability of BLASTabout. 

Profiles (BLAST Files) created and posted by Members on the website or any Content posted or Submitted through the website’s Services may contain links to other websites. Also, there may be Content or other material posted by BLASTabout that contains links to third party websites. Access to and use of any of third party website, Content or material is at the User’s own risk, regardless of whether the link was found in User or Member Content or in BLASTabout Content. These links may take you to sites outside of BLASTabout’s site and its Services. This may include links from Members/Users, affiliates, business partners, sponsors, Content providers or others. While BLASTabout reserves the right to disable links from third party sites to this site or vice versa, it makes no representations concerning the Content of sites linked to this site or listed or set forth anywhere within this site. 

BLASTabout makes no claim or representation regarding, and accepts no responsibility for any Content, accuracy, or reliability of information, data, opinions, advice, statements, products, or materials on such third party sites, nor does it assume responsibility for Your reliance on or use of Content, products, or other materials obtained from such sites. Such reliance is at your own risk. Moreover, BLASTabout cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this site or listed or set forth anywhere within this site. BLASTabout is not responsible for the Content, accuracy or opinions expressed on such websites, and BLASTabout has in no way investigated, monitored or checked the accuracy, quality, completeness, or reliability of such websites or any of their Content. Inclusion of any linked website on the BLASTabout website does not imply BLASTabout’s approval, sponsorship or endorsement of the linked website or any of its Content, and no rights or license are granted to User in any of the third party material or Content. User agrees to defend and hold BLASTabout harmless from any liability that may result from User’s use of any third party material or Content that User accessed through or on this site. 

If You choose to undertake any transactions on such third party sites that link to or from this site or within third party Content, BLASTabout cannot ensure that You will be satisfied with any products or services that You purchase from such sites. BLASTabout does not endorse any merchandise or services except as expressly provided, nor has BLASTabout taken any steps to confirm the accuracy or reliability of any of the Content or information contained in such third party sites or Content, including any information regarding goods or services. BLASTabout does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that You may be requested to give any third party, and You hereby irrevocably waive any claim against BLASTabout with respect to such linked sites and third party Content. BLASTabout strongly encourages You to make whatever investigation You feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

BLASTabout assumes no responsibility if this site is unavailable or contains errors. The Content is not intended for any type of investing purposes, and does not constitute investment advice. You assume the entire risk of use of, and all risks as to the quality and performance of, the site and any Content or material on the site. 

BLASTabout is not responsible for the conduct, whether online or offline, of any User or Member. BLASTabout assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication or transmission. BLASTabout is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or other communications due to technical problems or traffic congestion on the Internet or on any of the BLASTabout Services or combination thereof, including any injury or damage to Users or Members or to any person or entity’s computer related to or resulting from any use of the website or its Services, including downloading materials in connection with the website or its Services. Under no circumstances shall BLASTabout be responsible for any loss or damage resulting from use of the website or its Services, from any Content posted on the website or posted or transmitted through its Services, or from the conduct of any Users or Members of the website or its Services, whether online or offline. 

IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY MATERIALS OR FUNCTIONS ON THIS SITE, BLASTABOUT WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT BLASTABOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE. Certain jurisdictions may limit BLASTabout’s ability to disclaim responsibility for these damages and to limit its liability. Thus, this disclaimer and limitation of liability may not apply to You, because it will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction. 

You agree to defend, indemnify and hold harmless BLASTabout from and against all liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of this site, Your failure to use this site, your breach or alleged breach of these Terms of Use or Your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. 

CREDIT CARDS

BLASTabout may provide Your credit card number, billing and shipping information to participating merchants from whom You may purchase goods or services and financial institutions pursuant to transactions with BLASTabout and/or participating merchants. The merchants are solely responsible for how they use that information and any other information they independently obtain from You or about You. Otherwise, the Company does not share Your credit card information with anyone else. For more information, please read the BLASTabout Privacy Policy. 

Note that this website contains links to other websites. For example, if You click on a banner ad from a third party linked to Our website, You leave our website and will be interacting directly with that third party. Any information that you provide to that third party, including your credit card information or other personally identifiable information, is subject to the privacy policies of those third parties. We encourage You to read the privacy statement of every website that You visit – whether linked to Our website or otherwise – to learn how those other websites collect and use information from Users. 

CHANGES & TERMINATION 

BLASTabout may at any time and for any reason or no reason change, suspend, or discontinue any aspect of this site, these Terms of Use, the material or Content within this site, the Privacy Policy of this site, or any third party or Member or User material or Content posted on or linked to this site without notice or liability to You. Such changes or modifications become effective upon posting on the site. Your use of the site after the time any such changes or modifications are posted indicates Your assent to those changes or modifications. 

These Terms of Use are effective until terminated by either party. You may terminate Your Membership at any time, for any reason, by following the instructions on this website (set forth on our Help and FAQ page or by e-mailing support@blastabout.com. Notwithstanding any other provisions of this Agreement, BLASTabout, without notice to You and in BLASTabout’s sole discretion and judgment, reserves the right to cancel, suspend or refuse access to this website of any of its Services to anyone, to delete Your BLAST File profile or BLAST Feed, and/or to terminate Your Membership for any reason, including if BLASTabout believes that You are under sixteen years of age. Also, BLASTabout reserves the right to terminate any Memberships and delete any BLAST File profiles or BLAST Feeds if the accounts have been inactive for an extended period of time. Thus, Your access to this site may be terminated immediately without notice from BLASTabout for any reason. In particular, BLASTabout will terminate Your access to this site if, in BLASTabout’s sole discretion, You fail to comply with any term of these Terms of Use or anything within the site’s Privacy Policy. Upon termination, You must cease use of this site, and You must immediately destroy any materials downloaded and/or printed from this site and all copies thereof, whether made under the terms of these Terms of Use or otherwise, as well as any installations of materials that You have obtained from this site. Even after a Membership is terminated and/or profile deleted, this Agreement will remain in effect. 

COPYRIGHT POLICY & NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 

As set forth above, You may not post or otherwise Submit any copyrighted material, trademarks or other proprietary material belonging to third person or entities unless and until You have obtained the prior written consent of the owner of such proprietary rights. It is the policy of BLASTabout to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others (as reported through proper notification to BLASTabout by the copyright owner or the copyright owner’s legal agent or representative). 

Without limiting the foregoing, pursuant to section 512(c)(2) of Title 17 of the United States Code, if You believe that any material on this site infringes Your copyright, you should notify the site administrator of the claimed copyright infringements in accordance with the procedure set forth below. 

This site will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notification of claimed copyright infringement be sent to the designated agent, who is: 

E-Mail:   copyright@BLASTabout.com

Mail:   ATTN: Copyright Administrator

Lucky Cheese, LLC dba BLASTabout.com

5999 Ridge View Street, Building B

Camarillo, CA 93012 USA

 

To be effective, pursuant to the DMCA, 17 U.S.C. § 512(c)(3), the notification must be in writing, and it must contain the following information: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; 

3. 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 the service provider to locate the material; 

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 

5. A statement that the complaining party has 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; 

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

GOVERNING LAW 

This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California (except with respect to its conflict of laws provision). This Agreement is deemed accepted, executed, wholly entered into and wholly performed in the County of Los Angeles, State of California, independent of Your actual state or county of residence and/or domicile. Any controversy, dispute, or claim arising out of or in connection with the interpretation, performance, or breach of this Agreement shall be resolved by binding arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association (AAA) then in effect or another arbitration organization to which the parties mutually agree, and the arbitration panel shall have the right to award damages or equitable remedies, including, without limitation, temporary restraining orders and temporary and permanent injunctions, or both. The parties shall be entitled to conduct discovery under the California Code of Civil Procedure. Any award or decision of the arbitrator shall be binding and conclusive on all parties and shall be enforceable in a court of competent jurisdiction in Los Angeles, California (including the United States District Court of the Central District of California). You and BLASTabout hereby irrevocably and unconditionally consent to the exclusive venue and personal jurisdiction of such arbitration panels and courts, and waive any objections based on the doctrine of forum non conveniens. 

COMPLIANCE WITH EXPORT CONTROL LAWS 

Some software, documentation, or technical information available on or through this website may be subject to U.S. or foreign export control laws. By accessing, downloading, or using such software, documentation, or technical information, You represent and warrant that You are in compliance with any such applicable laws and regulations. BLASTabout makes no representation that materials on this site are appropriate or available for use in locations outside the United States. You agree not to access the site from territories to which export is prohibited or where such access is illegal. 

MISCELLANEOUS GENERAL PROVISIONS 

This Agreement, including this site’s Privacy Policy, constitutes the entire agreement between BLASTabout and You with respect to Your use of this site, and shall not be modified except in a writing signed by both parties. If, for any reason, a court of competent jurisdiction finds any portion of any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including, but not limited to, provisions for indemnity and any licenses granted by you to BLASTabout. The failure of BLASTabout to exercise or enforce and provisions of this Agreement shall not constitute a waiver of such right or provision. 

 

Effective Date  June 22nd, 2011      Last updated   October 10th,  2010