Terms & Conditions

1. Your Acceptance

BY USING OR VISITING THIS WEBSITE www.myblender.com (together with all Content available through the domain name and other sites owned, operated or controlled by MyBlender, Inc. (the “Website”), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the “Terms & Conditions”), AND (2) MyBlender PRIVACY POLICY athttp://www.myblender.com/privacy-policy. These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions and the Privacy Policy then please do not use the Website.

2. Links

The Website may contain links to third party websites that are not owned or controlled by MyBlender. MyBlender is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MyBlender will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release MyBlender from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

  1. MyBlender hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without MyBlender’s prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.
  2. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MyBlender immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of MyBlender or others due to such unauthorized use. MyBlender will not be liable for your losses caused by any unauthorized use of your account.
  3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to MyBlender servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. MyBlender grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MyBlender reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  4. MyBlender has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

4. Your Content

  1. Uploading Your Content. From time to time, you may upload Your Content to the Service for browsing and previewing by other users of the Website, in accordance with the then-current user documentation for the Service. You represent and warrant that you have exclusive ownership of all Your Content that you upload to the Service, and have the right to post, distribute, and grant the licenses to Your Content set forth in this Agreement. PLEASE NOTE THAT ANY CONTENT THAT YOU PROVIDE MAY BE ACCESSIBLE BY EVERY USER OF THE SERVICE AND BY VISITORS OF THE WEBSITE. PLEASE MAKE SURE THAT YOU ONLY PROVIDE CONTENT AND INFORMATION TO THE SERVICE THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TO A THIRD PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW.
  2. License. You hereby grant to us an unrestricted, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sub-licensees; such as to contest holders or sponsors using the service to deliver a contest) to use, copy, perform, display, create derivative works of, and distribute Your Content for the sole purposes of (a) creating preview versions of Your Content for display in connection with the Service; (b) Displaying as part of a gallery of images associated with a contest being delivered by the service.
  3. Storage Limitations. We reserve the right to establish file-size limitations, storage quotas, and storage duration limitations for Your Content. We may enforce and amend such limitations from time to time. We may make storage in excess of the applicable storage quotas available to you for a fee.
  4. Prohibited Content. You agree that you will not upload, distribute, license, sell, offer for license or sale, or otherwise deal in or with Prohibited Content using the Service. “Prohibited Content” is any content or material that MyBlender in its sole discretion deems to be unfit to be posted, distributed, or displayed. Without limiting the foregoing, “Prohibited Content” includes any content that (a) infringes or misappropriates any copyright, trademark, or any other intellectual property rights of a third party; (b) violates any right of privacy, right of publicity, or other similar right of a third party; (c) is defamatory or libelous; (d) is illegal to transmit, distribute, sell, or buy, or are otherwise prohibited or restricted under any applicable law or regulation, including any international, federal, or state laws and regulations; (e) depicts any individual under the age of eighteen (18) without written consent from such individual’s parent or guardian; (f) depicts or constitutes evidence of a crime or preparation for the commission of a crime; (g) is sold, or offered for sale, in violation of any applicable import or export law or regulation; (h) contains partial or full nudity, or other sexually-explicit, pornographic, indecent, obscene, “adult”, or offensive material; (i) contains violent, distasteful, disgusting, or visually-disturbing material; (j) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (k) provides instructional information regarding, or otherwise encourages or enables, illegal activities; or (l) contains viruses, rootkits, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or similar malicious code. We have the right (but not the obligation) to review any of Your Content and delete (or modify) any of Your Content that (i) constitutes Prohibited Content, (ii) we believe in our sole discretion violates this Agreement, or (iii) may otherwise harm, violate the rights of, or threaten the safety of any other user of the Service or any other person, or create liability for us or any user of the Service. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of the Agreement, including without limitation, removing Your Content from the Service (or modifying it), terminating your Account, reporting you to law enforcement authorities, and taking further legal action against you. You are solely responsible for creating backup copies of any of Your Content you post on the Service at your sole cost and expense.

5. Intellectual Property Rights

The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MyBlender. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without MyBlender ’ prior written consent. MyBlender reserves all rights not expressly granted in and to the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MyBlender, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MyBlender MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. MyBlender DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND MyBlender WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. Limitation of Liability

IN NO EVENT SHALL MyBlender, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MyBlender IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MyBlender SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless MyBlender, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

9. Ability to Accept Terms & Conditions

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use.

10. Assignment

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyBlender without restriction.

10. General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over MyBlender, either specific or general, in jurisdictions other than the State of California. These Terms & Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and MyBlender that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in California. These Terms & Conditions, together with the Privacy Policy at www.myblender.com/privacy-policy and any other legal notices published by MyBlender on the Website, shall constitute the entire agreement between you and MyBlender concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MyBlender reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND MyBlender AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO MyBlender WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: November 2015.

Start engaging your mobile fans and brand ambassadors
contact us now for a demo

Contact now