Welcome to BlendedSense.com. With the help of creative professionals that we source with our proprietary data algorithm called Creative Intelligence™ and a marketing tech platform, you can create engaging videos, photos, audiograms, and copy for your brand. Once you’ve chosen a content plan, and have your Creative Vision call, we get busy creating shareable content for you that is delivered monthly.
We have created, own, and manage online, a website (“Site”) and certain applications (“App” or “Apps”) and related support and hosting services for our proprietary brand content creation service (collectively, the “Service” or “Services”).
BlendedSense.com (“Blended Sense”, “we” or “us”) offers services to you through our Site (www.BlendedSense.com). Service is also offered on our Apps on the Site and on mobile devices, all of which are conditioned on your agreement to adhere to these Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. In the event that you are agreeing to these Terms of Service on behalf of a third party entity, you represent and warrant that you have sufficient right to bind such third party to these Terms of Service, in which case, all references to “you” in these Terms of Service shall be references to such third party.
These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our Site or Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our Site or our Service.
By connecting to us with a third-party service (e.g., Facebook or Twitter or LinkedIn or TikTok, etc.), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your login credentials for that third-party service.
You may access certain online features of the Services through your account (your “Account”) on the Blended Sense App and Blended Sense Website. You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to us upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete.
By registering and/or participating in this Service, you agree to be contacted via email, SMS and/or text messaging by us, including push notifications, and by third parties if relevant, regarding our Services, our Site, third party notifications and/or advertisements, and requests to rate our Site and/or Apps.
2. Products; Participants
Some aspects of the Services may require you to provide samples, products, materials, or other goods to the Blended Sense production team (your “Products”). You may not provide any Products to Blended Sense that are illegal, harmful, or hazardous. You shall ensure, and represent and warrant, that all Products you provide: (a) comply with all applicable laws, rules, and regulations, (b) are provided to Blended Sense in accordance with all such laws, rules, and regulations. If you send any Products in violation of the foregoing, Blended Sense may, with or without notice: (i) dispose of such Products, (ii) retain any fees paid by you for Services relating to the Products, and (iii) if applicable, contact appropriate law enforcement authorities.
You, at all times, shall retain title to your Products. If you request that Blended Sense return Products from the Sweep, you agree to pay Blended Sense for all shipping charges, or provide a return shipping label, and you further agree that Blended Sense will have no liability for any delay, damage or loss of such items in transit.
If you do not request that Blended Sense return Product from your Sweep, or you fail to provide payment or a label for return shipping, you agree that Blended Sense may either donate, dispose of, or continue to store (at Blended Sense’s then-current rates) your Products and charge you for any associated costs or expenses.
You will indemnify and hold harmless Blended Sense, and its officers, directors, employees, contractors, and service providers (“Blended Sense employees, creative professionals or affiliates”) from and against any damage, expense (including reasonable attorney’s fees), penalty, judgement, liability, settlement cost, and any other loss suffered by Blended Sense in connection with Blended Sense’s storage, return, disposal, or donation of Products.
In no event will Blended Sense be liable to you or any third party for any loss or damage to the Products, howsoever caused, and whether such loss or damage could have been prevented by Blended Sense.
To the maximum extent permitted by law, you, on behalf of your affiliates, officers, directors, owners, employees, successors, heirs, and assigns (the “Releasing Parties”) hereby release the Blended Sense Parties, from and against any and all claims, demands, actions, or proceedings relating to the Products or any loss or damage thereto. The Client Parties will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding of any kind whatsoever, by way of action, defense, set-off, cross-complaint or counterclaim, against the Blended Sense Parties arising out of, or in connection with the Products or any loss or damage thereto.
In some cases, you may be permitted to film, photograph, or engage with individuals in your Sweep that are not supplied by Blended Sense (“Participants”). You are solely responsible for your Participants. If you are a Participant, you are subject to the Media Release set forth in these Terms of Service. Every other Participant will be required to agree to Blended Sense’s then-current Publicity Consent and Waiver, which shall be provided by Blended Sense.
4. Payment and refund terms
Pricing and Payment Terms:
- If you purchase our Services, you will be required to submit payment information to do so. Current pricing of Services is set forth on our Site and may vary from time to time. Blended Sense may provide you the ability to purchase credits for certain Services in advance (each a “Credit”). Credits can be redeemed only for the specific Service for which they were purchased. Except as prohibited by law, unused Credits expire upon the first to occur of: (a) termination of your rights to access and use the Services, and (b) twelve (12) months after the Credit is issued. Blended Sense may, but has no obligation to, notify you in advance if any issued Credits have expired or are nearing expiration. Except as required by law or as set forth in these Terms of Service, Credits are not refundable or redeemable for cash.
- Blended Sense may, with or without notice, suspend or restrict your ability to access or use certain Services until you have successfully completed and paid for prior Services.
- To process payments for our Services, we use a third-party payment processor. You may be required to agree to such third-party payment provider’s terms and conditions before paying for any of our products.
- Prices are subject to change without notice. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information (as applicable). If such information is false or fraudulent, we reserve the right to terminate your use of the Services and your access to the Sites and App in addition to seeking any other legal remedies. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by us. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Sites.
- Sweep bookings may be rescheduled one time with notice at least 24 hours prior to your scheduled Sweep. You may reschedule your booking by contacting your assigned producer, or by emailing email@example.com. If your booking included professional creative services, you will be charged a fee of $50 for rescheduling any professionals scheduled on that Sweep, per professional.
- If you opt to cancel your booking, our booking fee is non-refundable
- Failure to reschedule your booking 24 hours prior to your Sweep will automatically result in your entire booking being charged to your Account.
- Failure to show up for a booking will automatically result in your entire booking being charged to your Account.
Taxes: Our prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on our income.
5. Ownership of developed content
In connection with the Services, Blended Sense may create certain images, photos, videos, or other material (“Developed Content”). All Developed Content is protected by copyright and other intellectual property laws and regulations. Unless otherwise agreed in a written agreement between you and Blended Sense that specifically references these Terms of Services and indicates a desire to supersede these Terms of Service (in whole or in part) (each a “Separate Agreement”), the terms of this Section 5 apply to all Developed Content.
Blended Sense may use photography, videography, and other digital content items created for your company to help promote you and Blended Sense on social media. If you don’t want photographs or videos used on our social platforms, you must give Blended Sense notice in writing in advance of your Sweep at hello@BlendedSense.com or by contacting your assigned producer.
Creative professionals deployed for your Sweep may also share photographs, videos, or commentary about your Sweep on social media platforms. If you do not wish for creative professionals to share your content, you must give Blended Sense notice prior to your Sweep at hello@BlendedSense.com or by contacting your assigned producer. Blended Sense is not liable for social sharing of content regarding your brand with or without consent to share.
- Developed Content is licensed and not sold. Blended Sense retains ownership of the Developed Content and all copyrights and other intellectual property rights therein. Subject to your compliance with these Terms of Service, upon your payment of all applicable fees for Developed Content, Blended Sense grants to you a worldwide, non-exclusive, perpetual, irrevocable, fully-paid and royalty-free, sublicenseable, and transferable license to reproduce, distribute, publicly display, publicly perform, prepare derivative works of (including to translate, alter, and modify), and otherwise use the Developed Content.
- When preparing Developed Content, Blended Sense may present to you samples for your review (“Samples”). Samples may, but will not necessarily, contain watermarks or similar markings. You may use Samples solely in order to select the Developed Content that you will license, and for no other purpose. You may not remove or modify any notice of copyright or similar marking encoded, embodied, or displayed in connection to the Samples.
- If you use Samples in violation of these Terms of Service, you agree to pay to Blended Sense the then-current fees for purchasing a license to all of the Samples provided by Blended sense. You hereby authorize Blended Sense to charge your credit card or debit card such amounts. You understand that this remedy is in addition to any other remedy available to Blended Sense for your misuse of Samples.
6. Responsibility for user content
By using the Service, you grant us permission to access your account and those messages, data, information, text, graphics, audio, video, photographs or other material (“Materials”) posted/uploaded/transmitted to or through the Service using your Account, in connection with the provision of Services or for marketing purposes.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor or endorse the content or Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any content or Materials posted via the Service, whether on the Site or the App or any other electronic format.
You expressly agree that Blended Sense will not be liable for Materials, whether those belonging to you or other Service users. We reserve the right, but are not obligated, at our sole discretion, to remove content from the Service for any reason, including content or Materials that in our judgment violates these Terms of Service or our Acceptable Use Policy below.
7. Copyright takedown policy
It is the policy of Blended Sense to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
701 Brazos #1616
Austin, TX 78705
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Acceptable use policy
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Site or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling any component of the Site, Service, or Apps, or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are personal, nor will you use this Service in violation of the law or these Terms of Service.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. You understand that in using the Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Blended Sense arising from your exposure to such content.
The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”). We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold us responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user-names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your username or the title of your Forum at any time and for any reason in our sole discretion and/or change it ourselves.
10. Intellectual property
Blended Sense is the owner and retains all proprietary rights to the Site and the App, the Services provided by such, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of the Services, including the Site or Apps, without Blended Sense’s written permission is strictly prohibited.
Blended Sense’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by Blended Sense, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Blended Sense.
Certain content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of such content, then you must get permission from the creator of the content or the copyright holder to use such content. If you publish content belonging to someone other than yourself, you must obtain permission from such content owner that is portrayed in the content before using the content. Do not use any content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information by you.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners and may not be used without the owner’s permission.
11. Media release
You understand and agree that the Developed Content may include the voice, name, picture, portrait, image, video or photograph actions, likeness, biographical information, or appearance (collectively, “Likeness”) of each Participant. You further understand and agree that the Developed Content may also include statements made by Participants relating to you or your Products (“Statements”).
By participating in a Sweep as a Participant, you agree as follows:
• You permit the recording and use of all or a portion of your Statements in and/or in connection with the Samples and Developed Content in all forms and media, including use in advertising and related promotion throughout the world and in perpetuity. You irrevocably waive the right to inspect or approve use of your Statements in connection with the Samples.
• You grant the right to record and use your Likeness in and/or in connection with the Samples and Developed Content in all forms and media, including advertising and related promotion throughout the world and in perpetuity. You irrevocably waive the right to inspect or approve use of your Likeness in connection with the Samples.
• You grant the right to your full legal name in and/or in connection with the Samples and Developed Content, in all forms and media including advertising and related promotion throughout the world and in perpetuity. You waive the right to inspect or approve use of my name in connection with the Samples
Further, if you are a business user of the Service, you, represent that you are an authorized representative or agent of such business, and have the authority to give Blended Sense permission to use your business identity, commercial likeness or product/service in all forms and media including advertising and related promotion throughout the world, including web-based publications, without payment or other consideration.
You, on behalf of you successors, heirs, and assigns, release Blended Sense, its affiliates, and successors, and their respective officers, directors, employees, contractors, and agents, from any claims that may arise regarding the use of your name, Statements, Likeness, business identity, commercial likeness, product/service, and/or other similar content in a manner permitted by this these Terms of Service, including any claims of defamation, invasion of privacy, or infringement of moral rights, and rights of publicity or copyright.
You shall indemnify, defend, and hold Blended Sense harmless from and against any claim, action, or demand arising from the use of a Participant in a Sweep or the releases set forth herein.
12. Use of third-party services
As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such websites and do not endorse nor assume any liability for the third-party websites, services, or products. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization and your use of such is undertaken at your own risk.
13. Mobile apps
We may make available an App to access the Service via a mobile device. To use any App you must have a mobile device that is compatible with the Mobile Service. We do not warrant that any Mobile App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of any App for one account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (a) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (c) make any copies of the App; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (e) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and we or its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). You agree to comply with all United States and foreign laws related to use of the App and the Service. Standard carrier data charges may apply to your use of the App. If any of our Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Software originates in the United States, and is subject to United States export laws and regulations. The Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and the Service.
App from iTunes
The following also applies to any App you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to us as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
14. Representations and warranties and indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Blended Sense, and its parents, subsidiaries, affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising from or related to: (a) the Materials you provide or approve for publication, (b) your use or misuse of the Site or Service, (c) your breach of or failure to comply with these Terms of Service or any other license granted hereunder, (d) any actual, prospective, completed or terminated service between you and a third party, (e) the violation of laws, rules, regulations or terms these Terms of Service, or (f) infringement by your content, by you, or by someone using your Account, of any intellectual property or any other right of any person or entity. Blended Sense reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Blended Sense in asserting any available defenses.
Errors in the information contained in our Service sometimes occur. Please use this site at your own risk. In addition, we may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Although the Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16. Limitation of liability
IN NO EVENT SHALL BLENDED SENSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, TO YOU OR ANY THIRD-PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT. BLENDED SENSE SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We are not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service (in whole or in part) for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to hello@BlendedSense.com. You shall be responsible for ensuring delivery of the notice to us. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of our emails. We shall not be obligated to store any data or files for more than sixty (60) days after termination of your access to the Service.
We reserve the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to you or any third party should we modify or discontinue any service or an aspect thereof.
18. Governing law; Dispute resolution
The laws of the state of Texas will apply to all matters relating to these Terms of Service and the Services without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods.
Any claim or controversy arising out of or relating to the use of our Site or Service, to the goods or services provided by us, or to any acts or omissions of other users for which you may contend we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Austin, Texas, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Texas, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
19. Parental control protections
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that there are commercially available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at https://internet-filter-review.toptenreviews.com.
20. Class action/Jury trial waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
These Terms of Service constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to us. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes.
All notices hereunder shall be in writing and shall be made either via email or conventional mail. Notices to Blended Sense must be sent to the attention of hello@BlendedSense.com, if by email, or at Blended Sense, 701 Brazos #1616, Austin, TX 78705, USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your Account or to the address supplied by you when registering or updating your Account. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site, the Services or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Blended Sense.
Blended Sense may modify these Terms of Service at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Updated” date at the top of these Terms of Service. Your continued access to or use of the Services after the modifications have become effective will be deemed you conclusive acceptance of the modified Terms of Service. If you do not agree with the modifications, do not access or use the Services.