Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS SHALL APPLY TO ALL USERS OF THIS SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND BLURTT AND GOVERN YOUR ACCESS TO, AND USE OF, THE BLURTT WEBSITE LOCATED AT http://www.Blurtt.com/ TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW |
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If you use blurtt.com you must abide to the following terms. |
| BLURTT MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. BLURTT CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. |
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Blurtt can make changes to these terms and will post updates on this page. |
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. blurtt.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. blurtt.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
General Use Restrictions
Blurtt provides content and services through this Site.
Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") that are not Submissions (as defined below) are provided to you by Blurtt and are the copyrighted and/or trademarked work of Blurtt or Blurtt's contributors. |
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Items on the webpage that are not submissions are copytrighted work of blurtt. |
Blurtt grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the services of this Site solely for your own personal or internal business use.
Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner |
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You cannot modify, or reverse engineer any of these materials. |
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Blurtt Site and Materials.
Password Restricted Areas of this Site
You may need to register for a password or create an account to use certain functions and areas within this Site |
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Some portions of the website require you to create a blurtt account to access. |
You may only create an account if you are above the age of 18 and have the capacity to form a legal and binding contract. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Blurtt if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You may change your password at any time. You are responsible for all activities that occur under your account. You shall provide accurate and complete information in creating your account or providing your Submissions.
You agree to immediately notify Blurtt of any unauthorized use of your account or any other breach of security in relation to this Site known to you. |
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If there is any unauthorized use of your account, you will let us know. |
Privacy Policy
Your use of this Site is governed by the Blurtt Privacy Policy, which is available here (the "Privacy Policy").
Third Party Content
Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to Blurtt ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
Links to Third Party Sites
This Site may be linked to other sites that are not Blurtt sites. Blurtt is providing these links to you only as a convenience, and Blurtt is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. |
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Blurtt is not responsible for any content or links on any outgoing site from blurtt.com |
Submissions
You acknowledge that you are responsible for the information, documents, messages, comments, and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") through the services available in connection with this Site, and that you, and not Blurtt, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the Blurtt Privacy Policy, you agree that (a) any Submission that is a document provided by you in connection with this Site is provided pursuant to the Design Submission Agreement that you agree to when you upload or post your Submission and (b) any Submission that is not a document provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis and (c) you agree that Blurtt is free to use such Submission for the purpose of providing you with the associated services and you grant Blurtt a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission |
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You are responsible for anything you upload, message, or comment. |
| You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make |
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You won’t upload something you do not own, or have not gotten permission to upload from creator. |
| You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to Blurtt set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site |
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You will make sure your submissions do not violate anything in this agreement, the privacy policy, or any of the other items listed, otherwise you will have to pay all fees and damages. |
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise explicit, obscene or offensive language.
- Post any libelous, defamatory, pornographic, sexually explicitly (actual or simulated), unlawful or plagiarized materials.
- Discuss or incite illegal activity.
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted, patented, trademarked or trade secret materials without the express permission from the owner.
- Post any content which a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way.
- Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Collect or use any personal information from any user or submitter.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site.
- Distribute viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Blurtt’s express advance authorization or in a specially designated area, use the Site to:
- Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address.
- Engage in commercial activities within blurtt.com.
- Harm minors in any way.
- Solicit personal information from anyone under 18.
- Provide false or deceptive information.
- Use blurtt.com content to engage in commercial activities.
- Delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so.
- Allow usage by others in such a way as to violate Blurtt’s Terms of Use.
This list of prohibitions provides examples and is not complete or exclusive. Blurtt reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions with or without cause and with or without notice, for any reason or no reason, or for any action that Blurtt determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Blurtt may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Blurtt's discretion, Blurtt will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet |
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You will follow the above examples, but that list is not complete or exlusive. Blurtt can terminate your account for any reason, and may report to law enforcement any actions that may be illegal. |
These prohibitions do not require Blurtt to monitor, police or remove any Submissions or other information submitted by you or any other user.
Unauthorized Activities
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Blurtt and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Blurtt or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Proprietary Rights
Blurtt is a trademark of Blurtt LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Blurtt, Copyright © 2009 Blurtt, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Digital Millennium Copyright Act Notification Guidelines
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.Blurtt.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Blurtt's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- 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 on the Blurtt web 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 Blurtt to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit Blurtt 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification
If you have posted a file or document which is claimed to be an infringement under the DMCA, you may elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which Blurtt’s main offices are located and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
Blurtt’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Blurtt.com, 1014 Garnett Place, Apt. 2, Evanston, Illinois 60201 or by email at
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. For clarity, only DMCA notices should go to the Blurtt Designated Copyright Agent. Other feedback and comments should go to
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, requests for technical support
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and any other support should be directed to
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. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid |
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Send any copright infrigement notifications to our corporate address or by email to
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Disclaimer of Warranties
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER THE MATERIALS, SUBMISSIONS NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY BLURTT, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. BLURTT DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS, SUBMISSIONS OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. BLURTT HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, SUBMISSIONS AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY BLURTT OR OUR LICENSORS.
BLURTT DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
BLURTT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BLURTT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AND SHALL NOT BE LIABLE IF ANY DATA IS LOST, CORRUPTED OR UNABLE TO BE ACCESSED AT ANY TIME.
Limitation of Liability
BLURTT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL BLURTT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BLURTT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
Blurtt controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
General
If you violate these Terms, Blurtt may terminate and/or suspend your access to this Site without notice. Blurtt prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Blurtt, may result in immediate termination of your access to this Site. If Blurtt terminates your access to the Site, Blurtt may delete your user profile but will not be obligated to delete any Submissions that you have provided in connection with the Site. Blurtt has the right to terminate any password-restricted account for any reason. Illinois law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Illinois. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Blurtt's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Blurtt and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Blurtt about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
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