- Introduction; General; Ownership; Prohibitions
- Notice and Procedure for Making Claims of Copyright Infringement
- Community Features
Special Terms and Conditions Applicable to Sales of Products and Services; Customer Service Contact Information
- Price Modifications; Merchandise and Services Availability
- Customer Service
- Purchasing; Price; Payment
- Sales Tax
- Billing and Refund Policies for Certain Services
- Refund Policies for Certain Subscription Services
- Notifications and Other Terms and Conditions
- Access to Services and Restrictions
- Votes, Contests, Sweepstakes
- Disclaimer of Warranties
- Limitations on Liability
- Choice of Law; Jurisdiction; Attorneys' Fees
- Notice for California Consumers
- INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
MLB Advanced Media, L.P. ("MLBAM"), on behalf of TheBlaze, Inc. (MLBAM and TheBlaze TV collectively the "Providers"), is the organization that produces the Official Website of TheBlaze TV (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by TheBlaze TV are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other TheBlaze TV controlled products or services or TheBlaze TV-operated interactive media locations, will be referred to herein collectively as the "TheBlaze TV Properties" and individually as a "TheBlaze TV Property." By using this Website or other TheBlaze TV Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the TheBlaze TV Properties.
Except for Submitted Content (defined below), the TheBlaze TV Properties are either owned by or licensed to TheBlaze TV. The applicable owners and licensors retain all rights to the TheBlaze TV Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the TheBlaze TV Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the TheBlaze TV Properties without first obtaining the written permission of TheBlaze TV or otherwise as expressly set forth in the terms and conditions of the applicable TheBlaze TV Properties. The TheBlaze TV Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the TheBlaze TV Properties. By using this Website or the other TheBlaze TV Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the TheBlaze TV Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of TheBlaze TV or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other TheBlaze TV Properties, imposes an unreasonable or disproportionately large load on this Website's or the other TheBlaze TV Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other TheBlaze TV Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects TheBlaze TV business or is otherwise objectionable in TheBlaze TV's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, d efamatory, sexual and/or sexually implicit remarks) or impersonate management or employees of TheBlaze TV, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other TheBlaze TV Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
Third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials"), contained on or incorporated in the TheBlaze TV Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), TheBlaze TV has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other TheBlaze TV Properties (the "Designated Agent"). All such notifications relating to this Website or the other TheBlaze TV Properties must be a written communication and must include the following information:
- 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 TheBlaze TV to locate the material.
- Information reasonably sufficient to permit TheBlaze TV to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- 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.
- 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.
Claims of infringement which include the above required information must be submitted to TheBlaze TV's Designated Agent as follows:
Service Provider: TheBlaze, Inc.1133 Avenue of the Americas
Address of Designated Agent to Which Notification Should Be Sent:
New York, NY 10036
Phone Number of Designated Agent: 212-730-8660
E-mail Address of Designated Agent: email@example.com
- COMMUNITY FEATURES
TheBlaze TV and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although TheBlaze TV and its Vendors reserve the right to do so, and neither TheBlaze TV nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and TheBlaze TV or between you and TheBlaze TV's Vendors other than as expressly set forth in this Agreement. You acknowledge that TheBlaze TV is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to TheBlaze TV under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If TheBlaze TV determines, in TheBlaze TV's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, TheBlaze TV reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other TheBlaze TV Properties; and/or (d) use any technological, legal, operational or other means available to TheBlaze TV to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other TheBlaze TV Properties.
You are solely responsible for your interactions with other users of the TheBlaze TV Properties. You may use various features of certain Community Features, including the flag feature, to report violators.
We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to TheBlaze TV a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
- SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
Via certain TheBlaze TV Properties, you can subscribe to or download audio, video, audiovisual and/or other content (collectively, "Services"). In addition, you can buy TheBlaze TV and related products and services from locations other than this Website or the other TheBlaze TV such as from the Glenn Beck Official Store located at http://glennbeck.shop.musictoday.com/ or via other third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc. (collectively, "Third Party Sales Locations"). ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. TheBlaze TV EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR THIRD PARTY SALES LOCATION, THE MERCHANDISE OFFERED BY THE THIRD PARTY SALES LOCATIONS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE TheBlaze TV PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES.
The Services and all other products offered via the TheBlaze TV Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
Price Modifications; Merchandise and Services Availability
TheBlaze TV reserves the right to modify the price of any Services or any other products offered via the TheBlaze TV Properties. TheBlaze TV is not responsible for any error in copy or images relating to Services or any other products offered via the TheBlaze TV Properties. Any offer to sell any Services or any other products offered via the TheBlaze TV Properties, may be discontinued at any time in TheBlaze TV's sole discretion.
The Services and any other applicable products offered via the TheBlaze TV Properties or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Should you have any questions about the purchase of Services via the TheBlaze TV Properties, send an e-mail to TheBlaze TV Customer Support.
Purchasing; Price; Payment
By purchasing any Services or any other products offered via the TheBlaze TV Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of TheBlaze TV or a TheBlaze TV club or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."
By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the TheBlaze TV Properties, you authorize TheBlaze TV to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, TheBlaze TV recommends that you update it as soon as possible. Please also be aware, TheBlaze TV may acquire this current information from TheBlaze TV's financial services partner and update the information previously provided to us by you to include such revised payment information. For purposes of this Agreement, such financial services partner will be referred to as a "Vendor."
For certain purchases of Services or other products made via the TheBlaze TV Properties, TheBlaze TV is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the TheBlaze TV Properties are not exempt from sales or use taxes simply because they are made from the Internet or because TheBlaze TV is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether TheBlaze TV is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by TheBlaze TV and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by TheBlaze TV in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the TheBlaze TV Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
Billing and Refund Policies for Certain Services
For certain Services billed on a monthly basis (e.g., TheBlaze TV, TheBlaze TV Plus) ("Monthly Services"), the term begins when you purchase and ends thirty (30) calendar days later. Your subscription will automatically renew monthly at the full monthly price applicable at the time of purchase or at the regular full monthly price, in the event your purchase was subject to a discount or special promotion, each in accordance with the terms presented to you at the time of purchase. In the event TheBlaze TV discontinues or significantly alters a Monthly Service that you have purchased with monthly automatic renewal, TheBlaze TV shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Monthly Services available via the TheBlaze TV Properties. To cancel a subscription to a Monthly Service, send an e-mail to TheBlaze TV Customer Support. Cancellation will become effective as of the next monthly billing cycle following receipt.
For certain Services billed on a yearly basis (e.g., TheBlaze TV, TheBlaze TV Plus), the term begins upon purchase and ends on the anniversary date of your purchase the following year, with one-time billing immediately following your purchase ("Yearly Services"). Your subscription will automatically renew annually on the anniversary date of your initial purchase each year at the previous year's regular full yearly price, unless TheBlaze TV discontinues or significantly alters the Yearly Service prior to the start of the applicable subscription renewal period. In the event TheBlaze TV discontinues or significantly alters a Yearly Service that you have purchased with annual automatic renewal, TheBlaze TV shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Yearly Services available via the TheBlaze TV Properties. To cancel the annual automatic renewal feature, send an e-mail to TheBlaze TV Customer Support. Cancellation will become effective as of the next annual billing cycle following receipt.
Refund Policies for Certain Subscription Services
In order to provide the highest customer satisfaction possible, TheBlaze TV will refund the purchase price paid for a subscription if a refund request is made to the e-mail address or telephone number(s) provided immediately above and below within 5 days of your initial purchase or within five (5) days of any annual automatic renewal date for any Yearly Service. In no event will TheBlaze TV grant you more than one (1) refund during any given calendar year or provide partial or pro-rated refunds.
Of course, should you wish to cancel your subscription at any time, you may send an e-mail to TheBlaze TV Customer Support. If such cancellation occurs on any date following the fifth (5th) day after your purchase date, then your cancellation will be effective as follows:
- Any Yearly Service: Cancellation of each year after (and not including) the year during which you cancel. NOTE: Each year of your subscription concludes on the anniversary date of your initial purchase date.
- Any Monthly Service: Cancellation of each month after (and not including) the month during which you cancel. NOTE: the first month of your subscription concludes thirty (30) days after your initial purchase date and each subsequent month thirty (30) days thereafter.
Notifications and Other Terms and Conditions
By accepting this Agreement, you agree that TheBlaze TV may notify you about changes to prices and/or Services and other products by sending an e-mail message to your e-mail address on file with TheBlaze TV, and by publishing such notices from time to time on the informational page(s) of the TheBlaze TV Properties applicable to the Services. It is your responsibility to notify TheBlaze TV of any change in your e-mail address by logging in to the applicable TheBlaze TV Properties and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or TheBlaze TV Property, the terms and conditions of the applicable Service or TheBlaze TV Property will govern.
Programming, pricing, terms and conditions of Services and other products offered via the TheBlaze TV Properties are subject to availability and change. Certain Services and other products offered via TheBlaze TV Properties other than this Website, including downloadable wireless applications, may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies, which terms may be in addition to the terms contained herein. Please refer to the terms and conditions of such Services or TheBlaze TV Properties to determine the policies applicable for such other TheBlaze TV Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, other product or TheBlaze TV Property, the terms and conditions of the applicable Service, other product or TheBlaze TV Property will govern.
Access to Services and Restrictions
Subscription activation for Services and other products offered via the TheBlaze TV Properties, and subsequent ability to access Services and other products offered via the TheBlaze TV Properties, may be subject to approval of your valid major credit or debit card and verification of other information that you submit or is otherwise obtained by TheBlaze TV (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY USE RESTRICTION HEREIN: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF NINETY-NINE DOLLARS AND NINETY-FIVE CENTS ($99.95). FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND TheBlaze TV RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
SHARING OF PASSWORDS TO ANY SERVICE, PRODUCT OR THE TheBlaze TV PROPERTIES IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO TheBlaze TV AS SET FORTH IN THE PREVIOUS PARAGRAPH, TheBlaze TV RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.
- Price Modifications; Merchandise and Services Availability
- VOTES; CONTESTS; SWEEPSTAKES
This Website and other TheBlaze TV Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable TheBlaze TV Properties applicable to the event as well as the terms of this Agreement.
This Website and the other TheBlaze TV Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or TheBlaze TV Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by the Providers of any such third party website or content. TheBlaze TV is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
- DISCLAIMER OF WARRANTIES
- USE OF THIS WEBSITE, ALL OTHER TheBlaze TV PROPERTIES AND THE PRODUCTS AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY TheBlaze TV AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER TheBlaze TV PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- TheBlaze TV DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER TheBlaze TV PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER TheBlaze TV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER TheBlaze TV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER TheBlaze TV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE.
- LIMITATIONS ON LIABILITY
- NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE TheBlaze TV PROPERTIES OR ANY ACT OR FAILURE TO ACT BY TheBlaze TV OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
- IN NO EVENT SHALL TheBlaze TV BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR SERVICES.
- IN NO EVENT SHALL THE PROVIDERS OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER TheBlaze TV PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF TheBlaze TV IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER TheBlaze TV PROPERTIES IS $50.
- IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER TheBlaze TV PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other TheBlaze TV Properties, any products and/or Services purchased via this Website or the other TheBlaze TV Properties; or (B) any alleged breach of this Agreement by you.
TheBlaze TV may change, suspend or discontinue any aspect of this Website or the other TheBlaze TV Properties at any time, including the availability of any product, Service, feature, database or content. TheBlaze TV may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the TheBlaze TV Properties without notice or liability at any time in TheBlaze TV's exclusive discretion, without prejudice to any legal or equitable remedies available to TheBlaze TV, for any reason or purpose, including, but not limited to, conduct that TheBlaze TV believes violates this Agreement or other policies or guidelines posted on this Website or via the other TheBlaze TV Properties or conduct which TheBlaze TV believes is harmful to other customers, to TheBlaze TV's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by TheBlaze TV in its sole discretion. In addition and without prejudice to any other remedy available to TheBlaze TV, TheBlaze TV may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by TheBlaze TV in the TheBlaze TV Properties.
- CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. TheBlaze TV will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. TheBlaze TV in its sole discretion may amend this Agreement, and your use of this Website or the other TheBlaze TV Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING THIS WEBSITE AND/OR THE OTHER TheBlaze TV PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other TheBlaze TV Properties. TheBlaze TV may change the terms of this Agreement at any time, and your use of this Website and/or the other TheBlaze TV Properties after such changes are posted will mean that you accept them.
- NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website and the other TheBlaze TV Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.