2. INTELLECTUAL PROPERTY
All content on the Content, including text, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Content are copyrighted as a collective work under the United States copyright laws and Blamic owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Content are the property of their respective owners, including, in some instances, Blamic, and/or affiliated companies. Nothing contained on the Content should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Blamic or by any third party
You may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Content without the express written permission of Blamic and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
5. PAYMENT TERMS
By entering into any transaction through the Content, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Content. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorized, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Blamic to deliver the services purchased by you, or (e) you have otherwise used the Content to enter into an improper transaction, Blamic reserves the right to immediately terminate any pending transactions, suspend your access to the Content, and terminate all of Blamic’s obligations hereunder.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify Blamic within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Blamic directly, and such efforts have failed. You can e-mail details regarding your dispute to firstname.lastname@example.org.
6. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see Copyright Law – 17 U.S.C 512(c)(3) for further detail):
- Electronic or physical signature of the copyrighted work owner (or authorized person);
- A description of the copyrighted work, including the URL where this infringing content is available or a copy of it;
- Your contact details: email address, telephone and address;
- A statement in “good faith belief” that the work is not authorized by the copyright owner; and
- A statement by you, person who sends the takedown notice, that the information you send in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf.
You may direct copyright infringement notifications to our DMCA Legal Counsel at Blamic, 222 Broadway, 2413, New York, NY, 10038, email: email@example.com. For clarity, only DMCA notices should go to the DMCA Legal Counsel; any other feedback, comments, requests for technical support, and other communications should be directed to Blamic customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Legal Counsel:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Legal Counsel, Blamic may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Blamic’s sole discretion.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THE CONTENT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT ARE PROVIDED BY BLAMIC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLAMIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONTENT OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLAMIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLAMIC DOES NOT WARRANT THAT THE CONTENT; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BLAMIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLAMIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CONTENT OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
8. GOVERNING LAW AND VENUE