Terms of Use

January 2011

PLEASE CAREFULLY READ THESE Terms of Use ("TERMS") BEFORE USING THE WEBSITE OR ANY OF THE PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. General Rules. Blaise it Up! Entertainment Consulting, LLC, (“Blaise it Up!”) requires that all visitors to its Internet site, www.blaiseitup.com (the “Website”), adhere to the following Terms. By accessing or using any of the Website, you agree to be bound by these Terms. If you do not agree with these Terms of Use, you should not use the Website. In consideration of your use of any of the Website, you represent that you are at least thirteen years old and are not a person barred from using the Website under the laws of the United States or other applicable jurisdiction. Blaise it Up! reserves the right to change these Terms at its sole discretion and at any time without personal notice to you. Your continued use of the Website constitutes your acceptance of any changes.
2. Ownership. Blaise it Up! owns, operates, licenses, controls, and provides access to the Website. All past, present, and future information, materials, applications, software, and other contents of the Website are the property of Blaise it Up! unless otherwise noted and are protected by applicable intellectual property and other laws. All trademarks, logos, service marks, trade names, and trade dress are proprietary to Blaise it Up! unless otherwise noted and are protected by applicable intellectual property and other laws. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Blaise it Up!, no rights (either by implication, estoppel or otherwise) in or to any of the Website or its content is granted to you. The use, copying, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the content of any of the Website, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
3. License. Subject to your compliance with these Terms, Blaise it Up! grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
1. listen to music and view videos streamed from the Website;
2. participate in the Website’s community areas; and
3. communicate with other members of the Website’ communities, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.
4. User Uploaded Information. The Website may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on the Website (“User Uploaded Information”). For example, the Website may offer forums, bulletin boards, blogs or other interactive areas. Blaise it Up! does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. Blaise it Up! reserves the right to delete, move, or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. Blaise it Up! undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information. You are solely responsible for all User Uploaded Information that you make available via any of the Website. Under no circumstances will Blaise it Up! be liable to you in any way for any User Uploaded Information that you upload, post, or otherwise make available via any of the Website including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information. When you upload User Uploaded Information via the Website, you grant to Blaise it Up!, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.
5. Copyright. Blaise it Up! reserves the right to remove any content contained in or posted to the Website that allegedly infringes another person’s copyright. Notices to Blaise it Up! regarding any alleged copyright infringement on the Website should be directed to
   
   

   Blaise it Up! Entertainment Consulting, LLC
   1133 Broadway
   7th Floor
   New York, NY 10010
   info@blaiseitup.com
   # 1-718-552-5252

6. Restrictions on Use. The Website is provided for lawful purposes only. By accessing or using the Website, you agree and warrant that in connection with your use of the Website you will not:
1. alter any trademark, copyright and other proprietary or legal notices contained in the Website; or
2. manipulate the Website in any way not intended and directed by Blaise it Up!; or
3. copy or seek to copy or “rip” any audio and/or audiovisual content from the Website; or
4. exploit any part of the Website for commercial gain or undertake any commercial activity utilizing the contents of the Website without the prior written consent of Blaise it Up!, including, for example, inserting your own or a third party’s advertising, branding or promotional content into any of the Website’s contents, materials or services; or
5. upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
1. any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in its sole discretion, Blaise it Up! finds otherwise objectionable; or
2. information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
3. material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Website or interferes with, overburdens, impairs or disrupts the Website, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
4. any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation;
6. impersonate another person or entity; or
7. solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
7. Termination. Blaise it Up! reserves the right to restrict, suspend, deny or terminate access to all or part of any of the Website and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms of Use may be referred to law enforcement authorities.
8. Third Party Content and Linked Sites. Third parties provide some of the contents of the Website. Blaise it Up! makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing. In addition, third parties may offer goods, services and other materials to you on the Website. Such dealings are solely between you and the third party. Blaise it Up! will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. The Website may include links to other sites that are not maintained by Blaise it Up! Blaise it Up! is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Website, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. Blaise it Up! shall have no liability for any loss or damage arising from your use of any such site.
9. Disclaimer; Restriction of Liability. The Website and their contents are provided “as is” and “as available.” To the fullest extent permissible by applicable law, Blaise it Up! disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, non-infringement and fitness for a particular purpose. Blaise it Up! will not be liable for any damages or injury caused by any use of the Website or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Website. Blaise it Up! will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the Website or User Uploaded Information; (2) the use of, inability to use, or performance of the Website or any of the contents or features thereon; (3) any action taken in connection with an investigation by Blaise it Up! or law enforcement authorities regarding your use of the Website or the contents thereof; (4) any action taken by or in connection with copyright owners; (5) any errors or omissions in the Website’ technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Website).
10. Jurisdiction. Blaise it Up! controls and operates the Website and makes no representation that the contents of the Website are appropriate or available for use outside of the United States. If you use any of the Website from a location outside the United States, you are responsible for compliance with applicable U.S. and local laws, including export and import laws.
11. Miscellaneous. These Terms and the interpretation of these Terms shall be governed by and construed in accordance with the laws of New York, without regard to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York, for all matters involving you and Blaise it Up! If any part of these Terms is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Term and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Website. Nothing in these Terms is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these Terms.