Modifications to the Agreement
Blazinstreetz reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via e-mail where practicable, and otherwise through the Services (such as through a notification through the Blazinstreetzinterface). You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of the same constitutes your acceptance of the terms and conditions of this Agreement as modified. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Blazinstreetz received your payment.
Use of Blazinstreetz.com
You agree to use Blazinstreetz.com only for purposes which are lawful in every country and jurisdiction in the world and all subdivisions thereof. Blazinstreetz does not endorse the contents of any user of Blazinstreetz.com (User) communications nor does it assume responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, lewd, lascivious, filthy, excessively violent, racist, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.
Any attempt to gain unauthorized access to Blazinstreetz’scomputer systems is prohibited. Not all areas of Blazinstreetz.com may be available to you. You shall not interfere with any other User's use and enjoyment of Blazinstreetz.com or another entity's use and enjoyment of similar services.
You agree to indemnify, defend and hold Blazinstreetz, our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.
UPLOADS, COPYRIGHTS AND COPYRIGHT AGENTS. (DMCA POLICY)
By using this Site and/or uploading any material to this Site, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS BLAZINSTREETZ ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL YOU PLACE ON OUR SITE, INCLUDING ATTORNEYS' FEES AND COSTS. WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
If you believe our Site contains content that infringes upon your rights, please notify us immediately. We respect the intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the site can be reached as follows: By mail: Blazinstreetz DMCA Compliance PO BOX 11259, Atlanta, GA, 30310 E-mail: email@example.com
Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider, and you feel you must submit a counter notification regarding content that has been removed from our site, you must submit -- in writing -- a counter notification that must include the following:
(1) Identify the specific url related to the content that Blazinstreetz removed or disabled access to;
(2) Provide your name, address, telephone number, email address. Also provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Fulton County, Georgia if your address is outside of the United States of America), and that you will accept service of process from the person, entity or agent of the preceding that provided the notification under Section 16;
(3) Include the statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the complainant has been removed or disabled at the URL identified and will be no longer shown";
(4) Sign the notice;
(5) Mail the notice to: Blazinstreetz, INC - DMCA Counter Notification - PO BOX 11259, Atlanta, GA, 30311 Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney.
Some of the Services require payment of fees (the "Paid Services," including without limitation Premium Themes). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of the Services.
Blazinstreetz may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Blazinstreetz's sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services. For example, if your Account is suspended, you forfeit your license to any Premium Themes you have purchased.
Blazinstreetz may change its prices for Paid Services at any time. To the extent applicable, Blazinstreetz will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Special Provisions for Promotions
Some features of the Services may allow you to promote yourself to other Subscribers, and some of these features may be Paid Services ("Promotions"). For example, you can use Blazinstreetz’s Highlighted Post Paid Service to draw extra attention to your posts when they appear in the Dashboard feeds of your fans. This section covers the rules and sets some expectations around paid promotion features like featured Music & Video and Highlighted Messages.
The following additional terms apply to Promotions:
1) Things that you promote will comply with this Agreement; if they don't, Blazinstreetzreserves the right, in its sole discretion, to cancel a Promotion without refund or recourse to you.
2) Blazinstreetz may remove or disable any Promotion for any reason in its sole discretion.
3) Blazinstreetz does not guarantee any activity that Promotions may receive, including but not limited to clicks, likes, and shares. Blazinstreetz cannot control how Subscribers interact with Promotions and is not responsible for "click fraud" or other fraudulent actions by third parties, including, without limitation, Subscribers. Blazinstreetzdoesn't guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and Blazinstreetz shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions (e.g., any errors in how "likes" or “shares” are counted).
4) Promotions may allow targeting to some Subscriber characteristics, such as by suggesting new artists to follow based on currently followed artists. Blazinstreetz does not guarantee that any particular Promotion will reach a particular sort of individual in all cases.
5) You can cancel certain Promotions at any time (depending on their functionality), but are responsible for paying for Promotions at least to the extent they have already been distributed through the Services.
6) By submitting a Promotion, you license Blazinstreetz to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has completed or been cancelled, but it may take up to twenty four (24) hours before a Promotion stops being reflected on the Services.
Warranty Disclaimer; Services Available on an "AS-IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, BLAZINSTREETZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Blazinstreetz makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components.Blazinstreetz also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Blazinstreetz or through the Services, will create any warranty not expressly made herein.
Release From Liability
You release, to the fullest extent permitted by law, Blazinstreetz, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:
Disputes between Subscribers, including those between you and other Subscribers.
Third party sites and services, including content found on such sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
Claims relating to in any way to any face-to-face meetings in any way related to Blazinstreetz at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups; see our Meetups page for more information. Blazinstreetzdoes not sponsor, oversee, or in any manner control Meetups.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLAZINSTRETZ ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOTBLAZINSTREETZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BLAZINSTREETZ AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Information Provided By You
You don’t need to provide us with any personal information in order to visit the Website. However, certain Services do require that you register for a Blazinstreetz® account and, by doing so, you will provide us with certain personal information:
- Essential Information: When you register any kind of Blazinstreetz® account, you will need to provide your email address and choose a password. In addition, if you register a premium account, you will also need to provide your real name, address and payment verification information.
- Profile Information: You may choose, at your discretion, to provide additional information for your public profile on Blazinstreetz® – for example:
o your real name
o a user name (which may be your real name or a pseudonym)
o the city and country in which you live
o a profile picture or avatar
o information about how you categorize yourself with respect to your content (for example, whether you are an artist, a producer or simply a fan of the various artforms)
o details of your other websites and social media profiles, including links to those websites and profiles
- None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time.
- Information from Correspondence: You will provide certain personal information if you contact us by email, use any of the webforms on the Website, or contact us by mail, fax or other offline means.
- Survey Information: If you participate in any survey, you will provide certain personal information as part of your response, unless you respond anonymously.
- Information that you post: You may provide personal information when you upload sounds to the Website, or when you post comments, or contribute to community discussions.
- Information we collect automatically
- There is certain information that we collect automatically as the result of your use of the Services or through the use of web analytics services. This information includes:
- the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
- the site that you visited immediately prior to visiting the Website
- the specific actions that you take on the Platform, including the pages that you visit, streaming or downloading sounds, uploading or recording sounds, connecting your Facebook account, sharing a track with another user, following or unfollowing another user, joining or leaving a group, posting a comment, or performing a search
- any search terms that you may enter on the Website
- the time, frequency and duration of your visits to the Platform
- your browser type and operating system
- the nature of the device from which you are accessing the Services, for example, whether you are accessing the Services from a personal computer or from a mobile device
- information collected through cookies and similar technology
- information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message
- How we use your personal information
- We use the information that we collect about you for the following purposes:
- Your email address and password are used to identify you when you log into the Platform.
- Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or other Services. Please bear this in mind when considering whether to provide any additional information about yourself.
- If you subscribe to a premium account, your name, address and payment verification information will be used to process your account subscription and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption. Blazinstreetz also complies with the Payment Card Industry Security Standards.
- Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications
- Your personal information is also used for the following general purposes:
- To operate and maintain your Blazinstreetz® account, and to provide you with access to the Website and use of the Apps and any Services that you may request from time to time.
- To identify you as the creator of the sounds that you upload, the comments that you post and/or the other contributions that you make to the Platform.
- To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
- To provide you with technical support
- To provide other users with data regarding people streaming and downloading their sounds.
- To analyze the use of the Services, and the people visiting the Website and using the Apps and Services, in order to improve Blazinstreetz®.
- To respond to you about any comment or inquiry you have submitted.
- To customize your use of the Services and/or the content of any email newsletter or other material that we may send to you from time to time.
- For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal information.
- Sharing of your personal information
- Other Users: Any personal information in your public profile (other than your email address) will be accessible by other users of the Service, who may view your profile information, listen to and comment on any of your public playlists, add themselves to your list of followers, and send you messages. If you listen to any playlists uploaded by a premium user, the fact that you have listened to that playlist will be shared with that premium user, so that they can track the popularity of their sounds. Similarly, if you comment on any material on the website your comments will be available to all users of the Service.
- With your consent: We will disclose your personal information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.
- Service Providers: We use certain reputable third parties to provide us with certain specialized services related to the Service. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal information to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal information, and only to process personal information in accordance with our instructions and to the extent necessary to provide their services to us.
- Other networks and connected apps: If you choose to connect your Blazinstreetz® account to other apps or social networks such as Facebook, Tumblr or Twitter, you will be sharing certain information with these apps or networks. In the case of Facebook, Tumblr or Twitter, any new public material that you post on Blazinstreetz® or any new favorites will be shared to those networks and will be visible to your followers and friends on those networks. In the case of connected apps, you will need to provide the app developer with full access to your Blazinstreetz® account in order to upload and download sounds, or comment on, favorite or repost sounds from within the app. This will mean sharing your public information, plus access to your private sounds. Blazinstreetz is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust.
- As aggregated data: We may aggregate your personal data with similar data relating to other users of the Service in order to create statistical information regarding the Service and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.
- If required by law: We will disclose your personal information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.
- To protect our interests: We may disclose your personal information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Service and/or the Blazinstreetz® community.
- In the context of a business transfer: We may transfer your personal information to any person or company that acquires all or substantially all of the assets or business of Blazinstreetz, or on a merger of our business, or in the event of our insolvency.
Choice and Control
We do our best to give you as much choice as possible regarding the amount of personal information you provide to us, and the control you have over that information.
It is not necessary for you to provide us with any information in order to visit the Website, although certain information will be collected automatically by virtue of your visit (as described above). However, if you do decide to register a Baizinstreetz® account, you can control your personal information in the following ways.
Check out the Email tab within your Settings page on the Website. When you are logged in to your account, you can access your Settings by clicking on your profile picture at the top of the screen, and selecting Settings from the drop down menu.
From the Email tab you can tell us:
• which email notifications (if any) you would like to receive from us; and
• any additional or alternative email addresses that you may wish us to use to communicate with you.
You can also turn off email notifications from the Account page within your Settings. This will immediately disable all email notifications, other than essential account notifications such as important service updates, reports of copyright infringement and other essential information relating to your account and your use of the Service.
It is also possible to unsubscribe from email newsletters and notifications (other than essential account notifications) at any time by clicking on the link at the end of each email.
Sharing with other users
Blazinstreetz® is a very social place, but if you would prefer to browse the Website anonymously, you can do so by checking the Anonymous Listening box in the Account tab within your Settings on the Website. By checking this box, other users will not be able to see the material that you listened to, but we will still have access to this information.
Deleting your account
You can delete your account from the Account page within your Settings on the Website at any time. Please bear in mind that, if you delete your account, all data associated with your account, including the material that you have uploaded and the usage data associated with that material, will be deleted and may not be recoverable. You are therefore advised to copy or back up all content uploaded to your account before you delete your account.
Even if you delete your Blazinstreetz® account, it is possible that your information may still show up in some internet search results for a short while afterwards, if the search engine maintains a temporary cache of web pages. Search engines' caching processes are outside of Blazinstreetz’s control and therefore we cannot be responsible for any information that remains cached by search engines after that information has been removed from the Platform.
Access to your Data
As described above, most of the personal information you provide to us can be accessed and updated in the Settings page of your Blazinstreetz® account. If you wish to access, amend or delete any other personal information we hold about you, or if you have any objection to the processing of any information that we hold about you, please contact us at firstname.lastname@example.org the address provided below.
If you ask us to delete your account (either via the Settings page or by email), we will do so within a reasonable period of time, but we may need to retain some of your personal information in order to satisfy our legal obligations, or where we have a legitimate reason for doing so.
Blazinstreetz® is not intended for use by children. Anyone under the age of 13 is not permitted to use the Services and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such data, please notify us immediately at email@example.com.
3 February 2013