Terms of Use
Terms of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through BlazeTv.com domain name, "Blaze Television Network", or "Website", you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Blaze TV's privacy notice, found herein, and (3) Blaze TV's Submission Guidelines, incorporated herein. If you do not agree to any of these terms, the Blaze TV privacy notice or the Submission Guidelines, please do not use the Blaze Television Network Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version of this document. Blaze Television Network may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Blaze Television Network (BlazeTv.com) Website
A. These Terms of Use apply to all users of the BlazeTv.com Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Blaze Television Network includes all aspects of BlazeTv, including but not limited to all products, software and services offered via the website such as the BlazeTv channels, the BlazeTv , "Video Player" or "Uploader" and other applications.
B. The Blaze Television Network Website may contain links to third party websites that are not owned or controlled by Blaze Television Network. Blaze Television Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Blaze Television Network will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Blaze Television Network from any and all liability arising from your use of any third party website.
C. Accordingly, we encourage you to be aware when you leave the Blaze Television Network Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Blaze Television Network Account
A. In order to access some features of the Website, you will have to create a BlazeTv account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account and password secure. You must notify Blaze Television Network immediately of any breach of security or unauthorized use of your account.
B. Although Blaze Televsion Network will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blaze Television Network or others due to such unauthorized use.
4. General Use of the Website
Blaze Television Network hereby grants you permission to access and use the Website and set forth in these Terms of Use, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Blaze Television Network's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Blaze Television Network's "Video Player" or "Upload Functions" or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Blaze Television Network Content through any technology or means other than the video playback pages of the Website itself, the Blaze Television Network Upload Functions or other explicitly authorized means Blaze Television Network may designate.
D. You agree not to use the Website, including the "Video Player" or "Uploader" for any commercial use, without the prior written authorization of Blaze Television Network. Prohibited commercial uses include any of the following action taken without Blaze Television Networks express approval:
- sale of access to the Website or its related services (such as the video player or uploader) on another website;
- use of the Website or its related services (such as the video player or uploader), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Blaze Television Network website, or any third-party website, targeted to the content of specific User Submissions or Blaze Television content;
- and any use of the Website or its related services (such as the video player or uploader) that Blaze Television finds, in its sole discretion, to use Blaze Television Network's resources of User Submissions with the effect of competing with or displacing the market for Blaze Television Network, BlazeTv. com, Blaze Television Network, or its User Submissions. (For more information about prohibited commercial uses, please contact info@blazetv.com.
E. Prohibited commercial uses do not include:
- uploading an original video to Blaze Television Network, or maintaining an original program on Blaze Television Network, to gain exposure for your artistic aspirations;
- using the video player or uploader to show Blaze Television Network videos on an ad-enabled blog or website, provided the primary purpose is not to gain advertising revenue or compete with Blaze Television Network;
- any use that Blaze Television Network expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, contact info@blazetv.com
F. If you use the video player or show any Blaze Television Network content on your website, you must include a prominent link back to the Blaze Television Network website on the pages containing the video player, show or program and you may not modify, build upon or block any portion of the video player or programming in any way.
G. If you use the Blaze Television Network uploader, you agree that it may automatically download and install updates from time to time from Blaze Television Network. These updates are designed to improve, enhance, further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Blaze Television Network to deliver these to you) as part of your use of the Uploader.
H. You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", that accesses the Website in a manner that sends more request messages to the Blaze Television Network servers in a given period of time than a human can reasonably produce in the same period by using an online web browser. Notwithstanding the foregoing, Blaze Television Network grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Blaze Television Network reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email, feedback) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
I. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, Blaze Television Network Guidelines, and all applicable local, national, and international laws and regulations.
J. Blaze Television Network reserves the right to discontinue any aspect of the Blaze Television Network Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Blaze Television Network Website.
A. The content on the Blaze Television Network Website, including all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") as well as the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Blaze Television Network, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Blaze Television Network reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
- for your information and personal use
- as intended through the normal functionality of the Blaze Television Network service; and
- for streaming
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Blaze Television Network to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Blaze Television Network Service. User Comments are made available "as is", and may not be used, copied or reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Blaze Television Network or otherwise as prohibited under this Agreement.
D. You may access Blaze Television Network Content, User Submissions and other content only as permitted under this Agreement. Blaze Television Network reserves all rights no expressly granted in and to the Blaze Television Network Content and the Blaze Television Network Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution or User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Blaze Television Network Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Blaze Television Network Website or the Content therein.
G. You understand that when using the Blaze Television Network and Website, you will be exposed to User Submissions from a variety of sources, and that Blaze Television Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Blaze Television Network with respect thereto, and agree to indemnify hold Blaze Television Network, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Blaze Television Network account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Blaze Television Network does not guarantee any confidentiality with respect to User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing/submitting them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blaze Television Network to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusions and use of the User Submission in the manner contemplated by the Website and these Terms of Use.
C. For clarity, you retain all ownership rights in your User Submissions. However, by submitting User Submissions to Blaze Television Network, you hereby grant Blaze Television Network the wholly exclusive worldwide sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Blaze Television Network Website, BlazeTv.com, and Blaze Television Network (and its successors', affiliates') business, including without limitation for promoting and redistributing part or all of the Blaze Television Network Website (and derivative work thereof) in any media formats and through any media channels. You also hereby grant each user of the Blaze Television Network Website a nonexclusive license to access your User Submissions through the Website, as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after Blaze Television Network determines to remove or delete your User Videos from the Blaze Television Network Website. You understand and agree, however, that Blaze Television Network may retain, display, distribute, or perform, server copies of User Submissions after they have been removed or deleted from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Blaze Television Network all of the license rights granted herein,
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Blaze Television Network Website Terms of Use, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Blaze Television Network does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Blaze Television Network expressly disclaims any and all liability in connection with User Submissions. Blaze Television Network does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blaze Television Network will remove all Content and User Submissions if properly notified that such Content of User Submissions infringes on another's intellectual property rights. Blaze Television Network reserves the right to remove content and User Submission without prior notice.
7. Account Termination Policy
A. Blaze Television Network will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Blaze Television Network reserves the right to decide whether Content or User Submission is appropriate and complies with the Term of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or derogatory material, or excessive length. Blaze Television Network may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and its sole discretion.
8. Giveaway Campaign Terms
A. All submissions are subject to the terms stated herein. (See Terms of You)
B. Participants must submit an original program or pilot to be eligible for the giveaway prizes.
C. Participants must submit programs ranging from 5 to 30 minutes in length.
D. Not all submissions will be selected for consideration to win the prizes.
E. Prize winners must be willing to submit additional programs if invited to do so. Follow-up submissions
may be added to the Network program lineup.
F. Submitters, including all winners must be willing to participant in all promotions, marketing campaigns,
advertisements and commercials.
9. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512 (c)(3) for further detail):
- 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 you, such as an address telephone number, and if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blaze Television Network's designated Copyright Agent to receive notifications of claimed infringement is accessible by email: copyright@blazetv.com, and fax at 205.449.9601. For clarity, only DMCA notices should go to the email address or fax noted herein, any other feedback, comments, requests for technical support, and other communications should be directed to Blaze Television Network customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Blaze Television Network may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Blaze Television Network's discretion.
10. Submission Release Agreement
As you know, Blaze Television Network (“Network”) is engaged in the production of television programs for exploitation in any and all entertainment media. In this context, Network reviews various source ideas, stories, program videos, commercials, promotional videos and other suggestions. Such material may relate to format, theme, characters, treatments, and/or means of exploiting a production once completed. By accepting the terms of this Submission Release Agreement located in the Terms of Use area of the website, you acknowledge that the Network may review and/or discuss ideas, scripts, treatments, format with persons not in its employ without first obtaining the agreement of the person submitting the material to the provisions of this agreement.
By accepting the Terms of Use agreement, you hereby acknowledge and agree as follows:
A. You are making a submission to the Network of material that meets the aforementioned categories and definitions for its review:
B. You warrant that you are the sole owner and author of the above described material and that you have the full right and authorization to submit it to Network, free of any obligation to any third party.
C. You agree that any part of the submitted material which is not novel or original and not legally protected may be used by Network without any liability on its part to you and that nothing herein shall place Network in any different position with respect to such non-novel or original material by reason hereof.
D. Network shall not be under any obligation to you with respect to the submitted material except as may later be set forth in a fully executed written agreement between you and Network.
E. You realize that Network has had and will have access to and/or may independently create or have created ideas identical to the theme, plot, idea, format or other element of the material now being submitted by you and you agree that you will be entitled to any compensation by reason of the use by Network of such similar or identical material.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BLAZE TELEVISION NETWORK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLAZE TELEVISION NETWORK, BLAZETV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BLAZE TELEVISION NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE (V) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OR ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLAZE TELEVISION NETWORK WEBSITE. BLAZE TELEVISION NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBLITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLAZE TELEVISION NETWORK OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLAZE TELEVISION NETWORK WILL NOT BE A PARTY TO OR IN ANYWAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL BLAZE TELEVISION NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLAZE TELEVISION NETWORK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOU BLAZE TELEVISION NETWORK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING REST ENTIRELY WITH YOU.
This Website is controlled and offered to Blaze Television Network from its facilities in the
13. Indemnity
You agree to defend, indemnify and hold harmless Blaze Television Network, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Blaze Television Network Website; (ii) your violation of any terms of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Blaze Television Network Website.
14. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Blaze Television Network is not intended for children under 13 years of age, then please do not use the Blaze Television Network Website. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blaze Television Network without restriction.
16. General
You agree that: (i) the Blaze Television Network Website shall be deemed based in