WELCOME TO BLAZON!
Chief Ingredient, Inc. (“Chief Ingredient,” “we” or “us”) provides this website (in these terms we call this site and the Blazon software application provided by Chief Ingredient for use with the site, the “Site”) to you subject to these terms and conditions of use (“Terms” or “Agreement”).
Chief Ingredient’s customers and persons to whom customers give access to their Blazon account are called “Subscribers.”
Chief Ingredient’s customers offering contests via the Site, from the Blazon system, are called “Advertisers” and individuals who participate in contests and promotions via the Site are called “Entrants.”
Users of the Site, whether they are Subscribers, Advertisers, Entrants, people who post comments on the Chief Ingredient blog, or casual browsers of the Site, are called “Users.”
ABILITY TO AGREE TO TERMS OF SERVICE
Users must be at least thirteen (13) years of age to use this Site. Subscribers and Advertisers must be at least eighteen (18) years of age to create a Chief Ingredient account.
Chief Ingredient reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information or by other means identified in these Terms. If you do not agree with the changes, you can cancel your account with us without further obligation, except any amount due if applicable. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications.
If you register for a Blazon account on the Site, you agree to (a) provide accurate, current and complete information on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain the Registration Data, and any other information you provide to Chief Ingredient, and to keep Registration Data accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Chief Ingredient. You are responsible for all activity on your Blazon account, and for all charges incurred from your Blazon account.
Fees and any other charges for the use of the Site are described on the Site at: http://www.blazonapp.com/pricing.
Fees may change from time to time. Should we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction.
Fees paid to Chief Ingredient for products and services offered on the Site, unless otherwise specified in writing, are non-refundable. If your use of the Site is terminated by us because of your breach of these Terms, we will retain fees and charges paid by you for your use of the Site.
The Site may contain interactive areas including interactive advertising and promotion areas, blogs, review services or other forums in which you or third-parties may post content, messages, reviews or other materials on the Site (“Interactive Areas”).
You are solely responsible for your use of such Interactive Areas and use them at your own risk.
User Content submitted to any public area of the Site will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any content that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- Any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Any content or post that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- Any content that is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- Any content that is harmful to minors in any way;
- Any content that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Chief Ingredient;
- Any content that impersonates a Chief Ingredient employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;
- Any content that interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site;
- Any device that uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;
- Any device that facilitates the unlawful distribution of copyrighted Content;
- Any content that includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site to users;
- Any content that constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- Any content that stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
- Any device that collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- Any device that requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
- Any device that attempts to gain unauthorized access to the computer systems of Chief Ingredient or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- Any adult Content on any Contest or Activity, unless the posting of such adult Content is permitted by the Official Rules;
- Any device that decompiles or reverse engineers or attempt to access the source code of the software underlying the Site or any other Chief Ingredient technology;
- Any device that copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
- Any device that accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site; or accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that, in the sole judgment of Chief Ingredient, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Chief Ingredient or its affiliates or its users to any harm or liability of any type. Chief Ingredient does not tolerate SPAM. You may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content.” Content provided by Users is called “User Content.”
User Content remains the property of the User.
Chief Ingredient’s rights to User Content are limited to the limited licenses granted in these Terms.
Other than User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of Chief Ingredient or its licensors, and is protected by United States and international copyright and intellectual property laws, and all rights to the Site, the Content and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement or recommendation thereof by Chief Ingredient.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people.
We reserve the right to remove any User Content posted or stored on the Site, and we may do this at any time and for any reason.
You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
Chief Ingredient collects certain information and data during the normal operation of the Site. This information is comprised of names and email addresses of contest and promotion entrants. This information may also contain responses to qualifying questions or custom fields established by the user or contest administrator. The information and data collected through the operation of the Site becomes the property of the User at such time entrant submission occurs.
LIMITED LICENSE GRANT OF USER CONTENT
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future.
If you upload images utilizing Blazon’s builder application, we require your license to display that User Content on the Site. Therefore, by uploading or distributing User Content, or permitting the collection of information or data by Chief Ingredient, you (a) grant Chief Ingredient and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, information and data that you post and permit us to collect, or you otherwise have the lawful right to collect, post and distribute that User Content, information and data to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other Users or third-parties, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users or third-parties for their use in connection with their use of the Site, as described in this Section. These licenses from you are non-exclusive and are royalty-free. They are also transferable to any successor operator of the Site. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site does this to your User Content when it processes it for use in the Site.
WE LICENSE CONTENT TO YOU
Chief Ingredient grants you a limited, revocable, non-exclusive, license to access the Site and to view, copy, export and print the portions of the Content available to you on the Site.
This license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy, export and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Chief Ingredient at any time. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
Chief Ingredient will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its websites or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Where appropriate, and regardless of the merits of the alleged infringement, our response may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification. Chief Ingredient will, following appropriate investigation, terminate or disable access by repeat infringers. Claims of alleged copyright or other intellectual property infringement must be in writing and directed to Chief Ingredient’s designated agent. Chief Ingredient’s Designate agent may be contacted at: firstname.lastname@example.org
PROVIDING A RELIABLE AND SECURE SERVICE
Sensitive billing information is stored using several layers of encryption in a segmented network with no public internet access. New encryption keys are generated on a daily basis, existing keys are rotated on a regular basis. Sensitive information is encrypted by an SSL connection when in transit over public networks. SSL connections are limited to SSLv3 and TLSv1. Our billing vendor adheres to the PCI Data Security Standard (PCI DSS) for Service Providers.
Physical access to the network is strictly limited and monitored. Private networks are strictly segmented according to function. Restrictive firewalls protect communication entering the network and between private networks. All access to the network and its services is strictly logged. Audit logs are reviewed on a regular basis. Internal and external network penetration tests are performed on a regular basis by third-parties. Two-factor authentication and strong password controls are required for administrative access.
Site User data is protected on networks and servers are fully secured and guaranteed PCI compliant by a third party company at all times.
This begins with limiting SSL connections to SSLv3 and TLSv1, per PCI standards. As well as disallowing all SSH access to their servers.
Secure passwords are required of all users, and are used on all servers. Only SSH keys are allowed for accessing the SSH server from within internal or external networks.
All servers are updated monthly with the latest cPanel, Apache, PHP, and MySQL programs to prevent intrusions. Additionally, firewall rules and checks are in place to prevent access to sensitive applications, and incorrect login attempts result in automatic blocks of IP addresses for
all services, including ssh, http, pop3, imap, smtp, cpanel, mysql, even though these may not all be accessible from the outside.
No system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Subscribers who choose to provide credit card information on this Site accept these risks to the security of that credit card information. Ultimately, credit card data is provided by Subscribers and Subscribers are responsible for its protection.
LINKS TO OTHER SITES
The Site contains links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third-Party Sites include social network platforms, Subscriber and Advertiser sites, payment processors and other payment intermediaries that you may use in connection with your use of the Site. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk
You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
PROMOTIONS AND MEDIA
If you are an Advertiser, you acknowledge and agree that Chief Ingredient merely facilitates the distribution of promotions and media and understand that the Site provides no safeguards ensuring that your promotions and media comply with any law, rule, regulation or policy.
You also acknowledge and agree that you are responsible for ensuring that your contest or promotion complies with any applicable law, rule, or regulation and agree to comply with all statements and promises made to Entrants or Users (except to the extent such statements and promises violate the law). You further agree to indemnify, defend and hold harmless Chief Ingredient and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service. Your indemnification includes, without limitation, all claims related to the posting or removal of Content, User Content, or entries to or from the Site. Chief Ingredient will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
TERMINATION/MODIFICATION OF LICENSE AND SITE OFFERINGS
Notwithstanding any provision of these Terms, Chief Ingredient reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
INACTIVE ACCOUNTS; TERMINATION OF AGREEMENT
You and Chief Ingredient may terminate these Terms and your use of the Site at any time. If you terminate your use of the Site, and if applicable, you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your Chief Ingredient account is terminated, your User Content will, shortly thereafter, not appear on the Site, except for User Content submitted to our blog, which may remain on the Site after termination. You acknowledge and agree that Chief Ingredient has no obligation to migrate or provide assistance in migration of data from the Site. After thirty (30) days from the date of termination, Chief Ingredient takes no responsibility for stored data and reserves the right to delete all remaining data. If these Terms expire or terminate for any reason, all applicable sections of the Terms will survive indefinitely, and any representation or warranty you make in these Terms, shall survive indefinitely.
THE SITE, THE CONTENT AND THE SERVICES PROVIDED BY THE SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM CHIEF INGREDIENT INC. OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHIEF INGREDIENT INC. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHIEF INGREDIENT INC. DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF.
LIMITATION OF LIABILITY; INDEMNITY
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST CHIEF INGREDIENT, ITS AFFILIATES OR SUBSIDIARIES, THEIR SUBSCRIBERS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, neither Chief Ingredient nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Chief Ingredient or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Chief Ingredient or any other Released Party’s records, programs or Services. In no event shall the aggregate liability of Chief Ingredient, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.
Nothing in these Terms shall limit our liability in any claim for fraud or fraudulent misrepresentation. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials distributed in connection therewith, or exploitation of the Site or any content or other material used or displayed through the Site and agree to limit your claims to claims for monetary damages within the limits identified in this Agreement.
You shall defend, indemnify and hold harmless Chief Ingredient and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and if you are a Subscriber or Advertiser, from your Agent(s)’ use of the Site and from the use of the Site by any person to whom you give access to your account (such as staff), including any User Content that infringes the rights of any third-party, including the intellectual property rights, of any third-party.
This Agreement requires the use of arbitration on an individual basis to resolve disputes. It limits the remedies available to you in the event of a dispute. You and Chief Ingredient both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Chief Ingredient explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of California and the federal laws applicable therein.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).
Arbitration will be conducted pursuant to the rules of the American Arbitration Association in effect on the date of the notice in the city of San Diego, California. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in San Diego, California. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than California, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Chief Ingredient and the other Released Parties for your failure to comply with any such laws.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Chief Ingredient may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Chief Ingredient, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Chief Ingredient regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Chief Ingredient regarding your use of the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms.
QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Site, please contact us at email@example.com.