Effective: April 16, 2019
Welcome to Blaze!
USERS; GENERAL ACCESS. You may be accessing and using the Website as (i) an administrator, teacher or staff member (“Educator”) of a school or other educational facility or program (“School”), (ii) a student enrolled at a School (“Student”) or (iii) a parent or legal guardian of a Student (“Parent”). Your right to use the Website is limited in scope, revocable, personal, non-transferable and non-exclusive. You are responsible for obtaining any equipment and Internet service necessary to access the Services. You acknowledge that the Services are evolving and that the form and nature of the Services may change from time to time without notice to you.
ACCESS AND USE TERMS.
(a) General Access and Use Rights. Subject to the terms and conditions of this Agreement, Blaze hereby grants to you, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Website and the Blaze Services. For Educators, Students or Parents, your access to the Website must be via login credentials to be provided by Blaze (“Login Credentials”). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Website, (ii) share your Login Credentials with any third party or (iii) transfer your account on the Website to any third party. Blaze is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or to remarket the Services or to provide access to the Services to any third party. Blaze may terminate any Login Credentials in its sole discretion.
SUBMISSIONS. The Services may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data including trails, moods or journal entries, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content such as new trails, to the Website (“Submissions”). By posting Submissions on or at the Website, you agree to the following:
- By submitting the Submissions to Blaze, or displaying, publishing, or otherwise posting any content on or through the Website, you hereby do and shall grant Blaze a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Submissions in connection with the Website, and Blaze’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Website a non-exclusive license to access your Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Website and under this Agreement. For clarity, the foregoing license grant to Blaze does not affect your other ownership or license rights in your Submission(s), including the right to grant additional licenses to the material in your Submission(s), unless otherwise agreed in writing;
- You represent and warrant that you own or otherwise control all rights to such Submissions and that disclosure and use of such Submissions by Blaze (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party; and
- You acknowledge and agree that: (i) without limiting the licenses granted by you to Blaze with respect to your Submissions, Blaze shall have the right to reformat, excerpt, or translate your Submissions; (ii) all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated; (iii) Blaze will not be liable for any errors or omissions in any content; and (iv) Blaze cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.
- You hereby grant Blaze a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Website any suggestions, enhancement requests, recommendations or other feedback that you provide to Blaze relating to the operation of the Website.
- Blaze does not review, monitor or endorse, and has no control over, any Submission. Blaze cannot guarantee the authenticity of any data which users may provide about themselves.
- Blaze has no obligation to monitor the Website or Submissions at any time including without limitation journal entries and mood selection. Blaze may remove any Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submission), or for no reason at all.
STANDARDS OF CONDUCT AND APPLICABLE LAW.
(a) Conduct. You may not use the Services to:
- post any Submissions or other content that is, or which Blaze considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;
- introduce viruses, worms, Trojan horses and/or harmful code to the Website or on the Internet;
- display material that exploits children under 18 years of age;
- post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party;
- post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
- intentionally or unintentionally violate any applicable law; or
- collect, save or otherwise download content from our Website using automated means such as bots, robots or scrapers.
Blaze has no obligation to monitor the Website or Submissions at any time including without limitation journal entries and mood selection. Blaze reserves the right to remove any Submissions from the Services at any time in our sole discretion.
(b) Applicable Law. Your use of the Services is subject to all applicable, local, state, national laws and regulations. You may only use the Services for lawful purposes. You shall not use or allow others to use the Services in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS.
(a) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the Services for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Services or any software component of the Services; (iv) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; or (vi) circumvent or disable Blaze’s copyright protection mechanisms or license management mechanisms.
(b) Ownership. You acknowledge that the structure, organization, intellectual property such as trademarks or trade secrets and code used in conjunction with the Services are proprietary to Blaze and that Blaze and/or its licensors retain exclusive ownership of the Services, documentation, and any other intellectual property rights relating to the Services, including all modifications, enhancements, derivatives, and other software and materials relating to the Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Blaze or copies thereof to others in violation of this Agreement.
(c) No Other Rights. Except as expressly set forth in this Agreement or other written agreement between you and Blaze, no license or other right in or to the Services or content is granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
(d) Suggestions. If you provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to Blaze for improvements to the Services, you hereby grant to Blaze a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Services and any other products or services. Additionally, Suggestions shall be subject to the terms and conditions applicable to Website Submissions.
LIMITED WARRANTY. (a) Mutual Warranties; Disclaimer. Each of you and us represents and warrants to the other party that such party has the legal power to enter into this Agreement.
Blaze does not warrant or represent that the Services will be error-free, uninterrupted or secure.
(b) Disclaimers. You acknowledge that the Services are provided “AS IS” and is based in part on Submissions provided by Students, Parents and Educators, which are not verified by Blaze, and that any content acquired through the use of the Services is at your sole risk and discretion. Blaze and its suppliers are not liable or responsible for any results generated through the use of the Website. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.
(c) Exclusion for Specific Jurisdictions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
LIMITATION OF LIABILITY.
(a) Limitation. Blaze’s aggregate liability for all claims arising from this Agreement, cumulatively between you and Blaze, shall not exceed one hundred United States dollars ($100). Further, Blaze shall not be liable for any property damage caused by the use of the Services, reports produced through the use of the Services or by any errors, delays or failures of the Services.
(b) Disclaimer. IN NO EVENT SHALL BLAZE, ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BLAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(c) No Liability to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, BLAZE DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.
INDEMNIFICATION. (a) By You. You shall indemnify and hold Blaze, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by (i) your Submissions or referrals hereunder, (ii) your use of the Services; (iii) your use of any Submissions that you acquire via the Services and/or (iv) your gross negligence or willful misconduct.
(b) By Blaze. Blaze shall indemnify and hold you harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by a claim alleging that the Services (excluding all Submissions) directly infringes a copyright, a U.S. patent issued prior to the commencement of the term of this Agreement or a trademark of any party.
(c) Procedure. A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: (i) providing the indemnifying party with prompt written notice of such claim, action or proceeding, (ii) permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and (iii) cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Blaze’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Blaze’s agent for copyright issues relating to this Website is as follows:
222 West Merchandise Mart #1212
Chicago, IL 60654
In an effort to protect the rights of copyright owners, Blaze maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
GOVERNING LAW; JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your access to the Website or use of the Blaze Services shall lie exclusively in, or be transferred to the courts of Cook County and/or the District of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action. Notwithstanding the foregoing, Blaze shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction.
LINKS TO THIRD-PARTY WEB SITES. This Website may contain links to non-Blaze websites. These links are provided to you as a convenience, and Blaze is not responsible for the content of any linked web site. Any non-Blaze website accessed from this Website is independent from Blaze, and Blaze has no control over the content of that website. In addition, a link to any non-Blaze website does not imply that Blaze endorses or accepts any responsibility for the content or use of such website.
FOR ADDITIONAL INFORMATION.
If you have any questions about the rights and restrictions above, please contact us by email at firstname.lastname@example.org.
Copyright © 2019 Blaze. All Rights Reserved.