Effective: October 23, 2014
BY VISITING BrandyWordStanton.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
These are Terms and Conditions govern the use of BrandyWordStanton.com, (the “Site”), (however accessed and/or used, whether via personal computers, mobile devices, etc.), which is owned and operated by Blu Ambition LLC and its members, officers, employees, contractors, representatives, agents and assigns (also referred to “we”, “our”,“us” or the “Company”). The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
These Terms and Conditions also apply to your use of associated services, subdomains, blog comment areas, interactive widgets, forums, content, downloads, membership areas, etc.(the “Service”) that are owned and operated by Blu Ambition LLC, are available through the Site, or that interact with the Site.
Use of BrandyWordStanton.com, including all materials presented herein and all online services provided by Blu Ambition LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. These Terms do not apply to any other web site or any offline activities by Blu Ambition LLC (unless specifically stated).
You agree to these Terms and Conditions by accessing, browsing, or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
In some instances, both these Terms and Conditions and a separate set of terms or guidelines document setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service and other information are subject to change. Blu Ambition LLC makes no representation or warranty that the information provided (the “Content”), regardless of its source, is accurate, complete, reliable, current, or error free. Blu Ambition LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content. Blu Ambition LLC provides no warranties of any kind, including fitness for purpose, with regard to the Content and your continued use of this Site confirms you agree to hold the Company harmless for any damages, claims and/or losses resulting from use of the Site or its Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information (including credit/debit card information, if applicable) you give to Blu Ambition LLC will always be accurate and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction or otherwise. You agree that Blu Ambition LLC will not be held liable for any loss or damage resulting from your failure to protect your password and account information and will indemnify the Company from any damages, claims and/or losses resulting therefrom.
If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer, publish, share or assign your membership or any membership rights or any portion thereof. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet Device, as applicable) so that others may not access the password protected portion of the Site using your account in whole or in part. You are fully responsible for all transactions and other activities that are undertaken using your username or password, including unauthorized use, until you terminate your account or notify Blu Ambition LLC that your username or password has been lost, stolen or otherwise compromised. Blu Ambition LLC reserves the right to suspend or terminate your account or otherwise deny you access, in its sole discretion, without notice and without liability. The restrictions imposed on you with respect to materials downloaded from the Site, the disclaimers, and limitations of liabilities set forth in these Terms and Conditions, shall survive regardless, including any cessation, interruption or termination your account with the Company, use of the Site or services for any reason or not reason at all.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you, under your password and/or account (where you have not properly secured your password information) or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, noncommercial purposes only. You shall not post or transmit through the Site any material which violates, limits or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation or the order described therein, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Your purchase of a product, content, service, event ticket, or program/course may or may not provide for a refund or cancellation. Each product, service, event, or program/course will specify its own refund policy.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. If you have any questions prior to, during or post purchase or during usage of any service, product or content, it is your responsibility to contact us as soon as possible.
MATERIAL YOU SUBMIT TO THE SITE
User Generated Content. The Sites may provide you and others with the opportunity to participate in forums, blogs, groups, message boards, social networking, social communities and other communication functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Blu Ambition LLC, the Site or Site users, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, preferences, suggestions or personally identifiable information (collectively, “User Generated Content”).
You shall not upload, post or otherwise make available on the Site any artwork, photos, information, materials, or other User Generated Content protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining whether any User Generated Content is protected or not rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and agree to indemnify and hold the Company harmless for any and all damages, claims, losses, liabilities and expenses of any kind arising out of said infringement. For all User Generated Content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the User Generated Content, and that the use or display of the User Generated Content will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to User Generated Content. We claim no intellectual property rights over the User Generated Content you supply to Blu Ambition LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Blu Ambition LLC remains yours to the extent that you have any legal claims therein. You agree to indemnify and hold Blu Ambition LLC harmless from and against all damages, claims, losses liabilities, and expense arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
License to Blu Ambition LLC for User Content. Except as may otherwise be described in any Additional Terms (such as, but not limited to, a contest official rules), which govern the submission of your User Generated Content), you grant to Blu Ambition LLC the unrestricted, unconditional, nonexclusive, unlimited, worldwide, irrevocable, perpetual and royalty free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of your User Generated Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. Without limitation, the granted rights include the right to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, or otherwise, and remove such User Generated Content and combine the same with other materials. You further agree that Blu Ambition LLC is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or Blu Ambition LLC, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Generated Content; or creating informational articles based on or advertising our products and services, without compensation to you of any kind. You further perpetually and irrevocably grant Blu Ambition LLC the unconditional right to use and exploit your name, persona and likeness included in any User Generated Content and in connection with any User Generated Content, without any obligation or compensation to you. You also grant to Blu Ambition LLC the right to sublicense and authorize others to exercise any of the rights granted to Blu Ambition LLC under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Blu Ambition LLC under these Terms. You further authorize Blu Ambition LLC to publish your User Generated Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any rights, legal, moral or otherwise, you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that enjoin or otherwise interfere with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section and you agree to indemnify and hold the Company harmless for any and all damages, claims, losses, liabilities, and expenses of any kind arising therefrom.
Blu Ambition LLC’s Exclusive Right to Manage and Obligations Regarding User Generated Content.
You agree that Blu Ambition LLC has no obligation to prescreen, monitor or enforce your intellectual property rights to your User Generated Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Blu Ambition LLC will not have any obligation to, but may review, monitor, display, accept or exploit any User Generated Content and Blu Ambition LLC may, in its sole discretion, delete, edit, distribute, move, block access, reformat, edit, alter, distort, remove or refuse to exploit User Generated Content without notice or liability to you or any third party; provided, however, that Blu Ambition LLC reserves the right to treat User Generated Content on the Site, or on certain portions of the Site, as content stored on the Site for which Blu Ambition LLC has no obligation to exercise editorial control over except to enforce the rights of third parties and the content restrictions set forth in the Community Guidelines when notice of such violations are directed to Blu Ambition LLC’s attention. User Generated Content posted may not be maintained on the Site by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Generated Content that you provide. You agree and understand that Blu Ambition LLC is not obligated to use User Generated Content and that you will not receive any consideration or compensation for your User Generated Content or for any exploitation of it.
Your Obligations Regarding User Content. You agree that you must evaluate, and bear all risks associated with, the use of the Site, any of its content and any of User Generated Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of any of the Site content and any of the User Generated Content. As Blu Ambition LLC may not prescreen User Generated Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Generated Content and agree to hold the Company completely harmless for any and all claims, losses, damages, liabilities or other issues arising out of use of that information and/or content.
Representations and Warranties Related to Your User Content. Each time you submit any User Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Generated Content you submit, and that, as to that User Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Generated Content, or you have a lawful right to submit the User Generated Content and grant Blu Ambition LLC the rights to it that you are granting by these Terms and Conditions and any Additional Terms, all without any Blu Ambition LLC obligation to obtain the consent of any third party and without creating any obligation or liability of Blu Ambition LLC; (b) the User Generated Content is accurate; (c) that any content you submit is not objectionable, obscene or otherwise inappropriate for the Site; (d) the User Generated Content does not and, as to Blu Ambition LLC’s permitted uses and exploitation set forth in these Terms and Conditions, will not infringe any intellectual property or other right of any third party; and (d) the User Generated Content will not violate these Terms and Conditions (including the Community Guidelines) or any Additional Terms, or cause injury or harm to any person.
Enforcement. Blu Ambition LLC has no obligation to monitor or enforce your intellectual property rights to your User Generated Content, but you grant us the right to protect and enforce our rights to your User Generated Content, including by bringing and controlling actions in your name and on your behalf (at Blu Ambition LLC’s cost and expense, to which you hereby consent and irrevocably appoint Blu Ambition LLC as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Idea Submissions Prohibited. Do not post unsolicited submissions for motion pictures, television programs, web sites, articles, ebooks, or other products or services to Company, the Site or to Site users. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Blu Ambition LLC (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Blu Ambition LLC through the Site, including User Forums, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to Blu Ambition LLC the right and license to the submission as if it were User Generated Content as specifically set forth above. In addition, Blu Ambition LLC retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Blu Ambition LLC’s receipt of your unsolicited ideas and materials is not an admission by Blu Ambition LLC of their novelty, priority, or originality, and it does not impair Blu Ambition LLC’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Blu Ambition LLC, or licensed by other users, contributors or 3rd parties, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or other intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY AND NO WARRANTIES
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, BLU AMBITION LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF BLU AMBITION LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. FURTHER, THE COMPANY PROVIDES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING FITNESS FOR PURPOSE, WITH REGARD TO THE COMPANY’S SERVICES, SITE, CONTENT, USER GENERATED CONTENT OR OTHERWISE. IN NO EVENT SHALL BLU AMBITION LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM BLU AMBITION LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU BLU AMBITION LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $10.00.
THIRD PARTY RESOURCES
The Site and the Service contain links (via text, buttons, images, etc.) to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with BLU AMBITION LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, court costs and collection costs, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
These Terms and Conditions constitutes the entire agreement between you and BLU AMBITION LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by BLU AMBITION LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by BLU AMBITION LLC.
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Blu Ambition LLC, PO Box 140682, Nashville, TN 37214
GOVERNING LAW; VENUE; MEDIATION
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Davidson County, Tennessee. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted by a listed Tennessee Supreme Court Rule 31 General Civil Mediator in good standing, or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.