THE AGREEMENT: The use of this website and services on this website provided by Blixe.com (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this website ("Services").
DEFINITIONS
"Agreement" denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the website.
"We," "us," and "our" are references to BLIXE.COM.
"User," "You," and "your" denotes the person who is accessing the website for taking or availing of any service from us. User shall include the Company, partnership, sole trader, person, body corporate, or association taking services of this website.
" Website" shall mean and include blixe.com and any successor Website of the Company or any of its affiliates.
"Content" means any material uploaded to Blixe.com by any User (Whether a Streamer), including any photos, videos, audio (for example, music and other sounds), Livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.
"Fan" means a User who follows a Streamer and can view the Streamer's Content or broadcast.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
Assent & Acceptance
By using the website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately. We only agree to provide the users of this Website and Services to you if you assent to this Agreement.
Minors Prohibited: The website is thus not intended for children. Only individuals (1) who are at least 18 years old and (2) who have reached the age of majority where they live may access our website. We forbid all individuals who do not meet these age requirements from accessing our website.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
AGE RESTRICTION
You must be at least 18 (Eighteen) years of age to use this website, or any Services contained herein. By using this website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
INTRODUCTION
- The website is an online live broadcast platform that allows users to access certain features, content, and other services offered by third-party Streamers. Access and registration to the website are free.
- This Agreement applies to all users of the website, whether you are a "visitor" or a "registered user." And agree with the Agreement; if you do not want to agree to this Agreement, you must leave the website. If you breach any part of this Agreement, we may revoke your license to access the website, block your access, and suspend or cancel your account (if you have one).
- We may change this Agreement on one or more occasions by updating this page. The bottom of this page will tell you when we last updated this Agreement. Changes take effect on the "last updated" date stated at the top of this page. Changes will not operate retroactively. We will try to let you know when we change this Agreement if we can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this Agreement. We will consider your continued use of the website after we post the changes as your acceptance of the changes, even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing the website.
- If you have any questions about this Agreement or any questions or comments about the website, please contact us.
ACCESSING THE WEBSITE
We may withdraw or amend our website and any service or material provided on it at our sole discretion without notice. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the website and its content.
ACCURACY OF INFORMATION
Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.
YOUR ACCOUNT
Account Creation. To access many of the website's features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing accurate information as prompted by the registration form. You also must choose a password and a username. You must not choose a username that is offensive or that infringes a person's service mark, trademark, or trade name. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the website, we did not suspend or terminate that account for breach of this Agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party. The email you provide must also be a valid one with Zelle to receive your payments. If you're not registered with Zelle here's how you can get started https://www.zellepay.com/get-started
Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have breached any part of this Agreement.
Liability for Account Misuse. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else using your password or account.
Use of Other Accounts. You must not use anyone else's account at any time.
Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
Communication Preferences. By registering for an account, you consent to receive electronic communications from us relating to your account. These communications may involve sending emails to the email address you provided during registration or posting communications on the website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, including newsletters about new features and content, exclusive offers, promotional announcements, and customer surveys via email or other methods.
Fees and Refunds
When a streamer sells tickets, we charge a service fee. These fees may vary based on the price of each individual stream. We charge 5.8% per user in addition to 20% of the total ticket price. Stripe's credit card processing fee is 60 cents per successful card charge. Consumers pay $3.99 service fee per purchase.
A refund is only possible if the event is canceled within 24 hours of the event. Send a request for a refund for a CANCEL event to our contact page. Our service charge cannot be refunded.
Payment
The Payment is sent to you by zelle to your email address you used to sign up for your account. After the completion of your event a request payment will appear in your account to make a withdrawal of the funds. Blixe will send your payout in 5 business days. If the payout day falls on a weekend or holiday, your payout will start processing on the next business day.
If you cancel your event or it doesn't occur, you are required to issue refunds, by sending us an email in the contact form with the mentioned Cancel Refunds.
USER CONTENT
Content Responsibility.
The website permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
- Contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, and inflammatory attacks of a personal, racial or religious nature.
- It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
- Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
- Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refers to such matters in any manner prohibited by law.
- Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
- Uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files.
- Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
- Any submitted content that includes, but is not limited to, the following will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
INTELLECTUAL PROPERTY RIGHTS
Ownership. The Company owns and operates the website. All content, features, functionality, and other materials found on the website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, "Materials") are owned by the Company, its licensors, or other providers of those Materials. The United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the website.
License Grant. The Company hereby grants you a limited, no sublicensable license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the website, except as follows:
- Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- You may download or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
- If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.
If we provide social media features with certain content, you may take those actions as are enabled by those features.
LICENSE RESTRICTIONS
You must not:
- Modify copies of any materials from this website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the website.
- You must not access or use for any commercial purposes any part of the Website or the Materials available through the website unless we agree otherwise in writing.
- If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this Agreement, your right to use the website will end immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any Materials on the website is transferred to you, and we reserve all rights not expressly granted. Any use of the website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Trademarks. The Company's name and logo; the term Blixe.com; the website's logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the website's look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this website are the marks of their respective owners. Reference on the website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
PROHIBITED USES
You may use the website only for lawful purposes under this Agreement. You must not use the website:
- In any way that violates any applicable federal, state, national, provincial, local, or international law or regulation (including any laws about the export of data or software to and from the U.S. or other countries).
- To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
- To send, knowingly receive upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as we decide, may harm our website's users or us or expose them or us to liability.
Additionally, you must not:
- Use the website in any way that could disable, overburden, damage, or impair the website or interfere with any other person's use of the website, including their ability to engage in real time activities through the website.
- Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the Materials.
- Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
- Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, try to interfere with the proper working of the website.
USER CONTRIBUTIONS
- In General. The website may contain personal profiles, live streaming, messaging, timelines, comment sections, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to Streamers, other users, or other persons ("post") content or materials (including a live stream) (collectively, "User Contributions") on or through the website. You may only post User Contributions on or through the website if you are a verified user. All User Contributions must comply with the Content Standards. We will consider nonconfidential and nonproprietary any User Contribution you post to the website.
- License Grant. By posting any User Contribution on the website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those User Contributions (including for promoting and redistributing any part of the website (and derivative works of them)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit with those User Contributions. In addition, you also hereby grant each other user of the website a worldwide, nonexclusive, royalty-free license to access your User Contributions through the website, and to use those User Contributions, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the website (such as video playback, embeds, or downloads). This license does not grant any rights or permissions for a user to make use of your User Contributions independent of the website. The licenses granted by you continue for a commercially reasonable period after you remove or delete your User Contributions from the website. You understand, however, that we may retain, but not display, distribute, or perform, server copies of your User Contributions that have been removed or deleted.
- Representations and Warranties . You acknowledge that you are responsible for any User Contribution you post, and you, not us, have full responsibility for that User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any person for the content or accuracy of any User Contribution posted by you or any other user. You state that the following facts are accurate about the User Contributions you post on or through the website: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) if any User Contributions contains the name, identity, likeness, and voice (or other biographical information) of a third party, you state that you have obtained the appropriate consents and licenses for your use of those features and that the Company and its affiliates and service providers, and each of their and the Company's respective licensees, successors, and assigns are allowed to use them to the extent indicated in this Agreement; (c) your User Contributions do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or defame any other person; (d) your User Contributions include no viruses, adware, spyware, worms, or other harmful or malicious code; and (e) your User Contributions otherwise comply with this Agreement, including the Content Standards.
- Third Parties Depicted in User Contributions. You must obtain and keep on record written consent from all persons depicted in the User Contributions specific to the following areas: (a) consent to be depicted in the User Contribution; (b) consent to allow for the public distribution of the User Contribution and to upload the User Contribution to the website; and (c) if the User Contribution will be made available for downloading by other users, consent to have the User Contribution downloaded. In addition, you must verify the identity and age of all persons depicted in the User Contribution to ensure that all persons depicted are adults, and you must be able to provide supporting documents on request.
- Obligations Under any visual depictions that you post or share on or through the website that portrays "actual sexually explicit conduct," such as explicit content video/images or live streaming Strictly prohibited.
Your failure to comply with rules may make you subject to criminal and civil prosecution for the violation of federal law.
- User Contributions are Uploaded at Your Own Risk. We use reasonable security measures to protect User Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of User Contributions by third parties will not take place. To the fullest extent permitted by applicable law, we will not be liable for any unauthorized copying, use, or distribution of User Contributions by third parties, and you release and forever waive any claims you may have against us for any such unauthorized copying or usage of the User Contributions. We provide the security measures to protect User Contributions "as is" and with no warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures.
- Transparency in Sponsored Content and Promotion. We encourage all broadcasters to follow FTC guidelines, For some further context, read the FTC’s official Guidelines Concerning the Use of Endorsements and Testimonials in Advertising. https://tinyurl.com/FTC-guidelines.
MONITORING AND ENFORCEMENT; TERMINATION
We may:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action concerning any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates this Agreement, including the Content Standards set out in, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for the Company.
- Disclose your identity or other information about you if required by law (including a subpoena) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the website, including posting illegal or unauthorized User Contributions; or
- Terminate or suspend your access to all or part of the website for any reason or no reason, including any violation of this Agreement.
It is our policy to suspend access to any User Contribution you post on the website that we become aware of that may not comply with this Agreement or applicable law while we investigate the suspected non-compliance or unlawfulness of that User Contribution. If we suspend access to any of your User Contributions, you may request a review of our decision to suspend access to the relevant User Contribution by contacting us on the contact us page. After our investigation of the suspected non-compliance or unlawfulness of the relevant User Contribution, we may take any action we consider appropriate, including reinstating access to the User Contribution or permanently removing or disabling access to the relevant User Contribution without needing to obtain any consent from you and without giving you prior notice. You must, at your own cost, promptly provide us with all reasonable assistance (including by providing us with copies of any information that we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your User Contribution or any other steps that we take in good faith to investigate any suspected non-compliance or unlawfulness of your User Contribution.
- If we suspend access to or delete any of your User Contributions, we will notify you via email or electronic message to your user account, but we are not required to give you prior notice of that removal.
- If we suspend access to your account or terminate your Agreement with us and your access to the website, we will let you know. During any period when access to your account is suspended, any payment that would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the earnings due to you but not yet paid if you are a Streamer.
- We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. You hereby waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken because of, investigations by either the Company or law enforcement authorities.
- We review all User Contributions before publication to ensure that the User Contribution is not illegal and does not otherwise violate this Agreement, including the Content Standards set out in section
- In addition, for real-time or live video streaming content, we engage in real-time monitoring and removal of content being streamed that does not comply with the Content Standards set out. However, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities.
Content Standards
These content standards apply to all User Contributions and use of the Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, national, provincial, local, and international laws and regulations. User Contributions must not:
- Depict any activity that is illegal or otherwise violates applicable law.
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promote or depict pedophilia, child exploitation or abuse, age-play, incest, rape or nonconsensual sex, hypnosis, intoxication, sexual assault, extreme violence, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse or hardcore bondage, extreme fisting, genital mutilation, bestiality, urine, scatological, or excrement-related material, enema play, vomiting, menstrual bleeding, paraphilia, or any other matter that would be considered obscene under the applicable community standards.
- Contain unsolicited sexual content or unsolicited language that sexually objectifies another person in a nonconsensual way or contains fake or manipulated sexual content in relation to another person (including "deepfakes").
- Promote or depict firearms, weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions.
- Promote or depict alcohol or drugs, or drug paraphernalia.
- Infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of any other person.
- Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
- Violate the legal rights (including the rights of publicity and privacy) of any person or contain any material that could give rise to any civil or criminal liability under applicable law or otherwise may conflict with this Agreement or the Privacy Policy.
- Be likely to deceive any person.
- Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Cause any chat screen to "scroll" faster than others can type to it or any action to a similar disruptive effect.
- Disrupt the normal flow of dialogue in chat or otherwise act in a manner that negatively affects other participants.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting Streamers for commercial ventures.
- Give the impression that they emanate from or are endorsed by us or any other person if that is not the case.
- Depict private or personal information of any person without their written consent.
- Request personal information from or share personal information with any Streamer or other user, including financial information, email address, telephone number, or mailing address.
- Request money from or otherwise defraud Streamers or other users of the website.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of Blixe.com, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
COPYRIGHT
All content included in or made available through any Blixe.com, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and is the property of Blixe.com or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Blixe.com is the exclusive property of Blixe.com and protected by Us. and international copyright laws.
Copyright Infringement
We do not allow any content that infringes copyright. The use of copyrighted content by others without proper authorization or legally valid reason may lead to a violation of Blixe.com 's policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow the use of copyrighted work under certain circumstances.
Removal of Content; Suspension or Termination of Account
Any user content that infringes another person's copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Blixe.com site or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on the Blixe.com site or otherwise hosted by Blixe.com.
Copyright Infringement Notification
- Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report.
- All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.
- We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
- Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.
Copyright Infringement Counter-Notification
- If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.
- You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
- The counter-notification process will take time to complete, and please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you.
If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Blixe.com's sole discretion.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Blixe.com and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an "Indemnified Party"), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Blixe.com. Blixe.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Blixe.com in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the blixe.com Website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Blixe.com, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
GOVERNING LAW AND JURISDICTION
This website originates from the United States. The laws of the United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.
SEVERABILITY
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
CONTACTING US
If you would like to contact us to understand more about the terms or wish to contact us concerning any matter, you may do so via the contact us.
This document was last updated on September 8, 2022 |