Terms of Use
Bluri Incorporated Web site Terms of Use
Thank you for visiting the Bluri Inc. site! Whether you are an artist, an avid music
fan voting and sending in your comments or just a curious person browsing around
to see what new great talent Bluri Music has found today, we hope you enjoy everything
our sites have to offer. By using our Web site, you are agreeing to these Terms
of Use which include some very important things that help us keep both our site
and community happy, healthy and legal (such as respecting the rights of fellow
creative people and protecting children). If you don’t agree to all of these Terms
of Use, we still love you but you can’t use the Web site (as sad as that makes us).
So here they are:
WEB SITES
The Bluri sites (the “bluri.com, blurimusic.com”) and are online music community
located at www.bluricommunity.com currently owned and operated by Bluri Inc. (“Bluri
Inc.,” “we,” “our,” or “us”). We are providing a unique platform where artists and
fans interact and artists can promote themselves by sharing original music, music
videos and other materials, as well as using services we provide such as messaging,
comment boards, blogs, groups and other tools (“Services”). In addition to these
Services, if you register with the Web site as an artist (“Artist”) or a registered
user (“Registered User”) you may be able to create your own artist or user profile
page (“Profile Page”).
Like many other Web sites, our Web site may incorporate advertisements.
YOUR ACCEPTANCE OF THESE TERMS
By using this Web site as an Artist, Registered User or otherwise, you (“User,”
“you, or “your”) agree to be legally bound by these Terms of Use and all other terms
posted on the site (including without limitation the Privacy Policy, Rules (if applicable
to you) and Prohibited Content Policy). You agree that these Terms of Use are enforceable
like any other written, negotiated agreement physically signed by you. By agreeing
to this Terms of Use, you represent to us that you are at least the age of majority
in the state in which you reside, an "emancipated minor", or have the
consent of your parent(s) or guardian consent to enter into and perform all the
terms of these Terms of Use. In any case, you affirm that you are at least 13 years
old or over, as the Web site is not intended for children under 13. If you are under
13 years of age, then please do not use this Web site there are lots of other great
Web sites for you. Talk to your parents about what sites are appropriate for you.
You understand and agree that Bluri reserves the right, at its sole discretion,
to change, modify, add or remove any portion of the Web site (including these Terms
of Use) in whole or in part, at any time. Your continued use of the Web site after
any changes to these Terms of Use are posted will be considered acceptance of those
changes and will constitute your agreement to be bound to such new terms.
REGISTERING
If you choose to register a personal account with the Web site to gain access to
Services available only to Registered Users and/or Artists, you further agree that
(i) you will not register an account on behalf of any third party or use a third
party’s account on their behalf and (ii) all factual assertions you have made in
the registration process will be true and correct. You are solely responsible for
the activity that occurs on your personal account, and you must keep your account
password secure. Bluri will not be liable for your losses caused by any unauthorized
use of your account.
POSTING MATERIALS
Bluri has the absolute right in its discretion to reject, refuse to post or remove
any posting and/or other materials uploaded by you, or to restrict, suspend or terminate
your access to all or any part of the Web site, for any or no reason, without prior
notice and without liability.
You shall be solely responsible for any materials (including without limitation,
any text, images, and audio and/or visual materials) that you upload to the Web
site (“Your Materials” or “Materials”) and the consequences of posting them. You
understand that Bluri does not guarantee any confidentiality with respect to Your
Materials. In connection with Your Materials, you affirm, represent, and/or warrant
that: (i) you own or have the necessary rights in and to all of Your Materials to
enable inclusion and use of Your Materials in the manner contemplated by the Web
site and these Terms of Use; (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in Your Materials to
enable use of Your Materials in the manner contemplated by the Web site and these
Terms of Use; (iii) you will not publish falsehoods or misrepresentations that could
damage Bluri or any third party; (iv) you will not submit Material that is Prohibited
Content; (v) you will not impersonate another person and (vi) we shall not be required
to pay or incur any sums to any person or entity as a result of our use or exploitation
of Your Materials.
Without limiting anything contained herein, if you wish to submit any of Your Materials
which include audiovisual materials depicting your performance of a musical composition
which is published by a third party, you must secure in advance (among other applicable
third party rights) the appropriate synchronization rights in such musical composition
before uploading such Materials to the Bluri Web sites.
YOUR INTELLECTUAL PROPERTY RIGHTS
You retain all ownership rights in Your Materials. However, by submitting Your Materials
to the Bluri sites, you hereby grant to Bluri a worldwide, non-exclusive, non-restrictive,
royalty-free, sublicenseable, and transferable license in perpetuity to use, reproduce,
distribute, transmit, make available, prepare derivative works of, display, perform,
edit, mix, combine, superimpose, create or add special effects and/or other materials
to all or any portion of Your Materials (including any titles of Your Materials
and your name and likeness), and any audio and/or visual excerpts thereof, in connection
with the Web site (and all places where some or all of the content from the Web
site is available), and otherwise in connection with any of Bluri's and/or its affiliates’
and/or partners’ current and/or future businesses, including without limitation
for promoting and redistributing part or all of the Web site (or derivative works
thereof) in any media formats and through any media channels. You also hereby grant
each user of the Web site and any of Bluri's licensee sites a non-exclusive license
to access and view Your Materials. If you do not want Bluri to share Your Materials
or obtain any rights in Your Materials, please do not upload Your Materials to the
Web site. Additionally, you agree to grant to Bluri all rights to use your image,
likeness, voice, name, and photograph in correlation with Your Materials in any
presentations, marketing materials, reports, publicity or advertising relating to
Your Materials, Bluri and its partners and licensees, and/or any contests.
MATERIALS SUBMITTED TO BLURi BY OTHER USERS
You understand and acknowledge that you (and/or your Profile Page) may be exposed
to materials that are 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 Bluri with respect thereto, and agree to indemnify and hold Bluri, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding
all matters related to your use of the Web site. Bluri assumes no responsibility
for monitoring the Web site for Prohibited Content or any other inappropriate user
materials or conduct. If you think any of these objectionable materials are on your
Profile Page, you should let us know by writing us through Contact Us, but you understand
and agree that Bluri will be under no obligation to remove any such materials.
YOUR USE OF THE WEB SITE
Bluri hereby grants to you a limited, nonexclusive, nontransferable license to access,
use, and privately transmit, exhibit, and display the Web site as set forth in the
Terms of Use, provided that: (i) your use of the Web site as permitted is solely
for your personal, noncommercial use; (ii) you will not copy or distribute any part
of the Web site in any medium without Bluri's prior written authorization; (iii)
you will not alter or modify any part of the Web site (including, without limitation,
modifying any content or materials); you will not use any messaging or other functionality
of the Web site to SPAM others. Unless expressly permitted by Bluri, you shall not
capture, reproduce, perform, transfer, sell, license, modify, create derivative
works from or based upon, republish, upload, edit, post, transmit, publicly display,
frame, link, distribute, or otherwise exploit, in whole or in part any content.
You agree not to use or launch any automated system or tools, including without
limitation, "robots," "spiders," or "offline readers,"
that access the Web site in a manner that sends more request messages to the Bluri
servers in a given period of time than a human can reasonably produce in the same
period by using a convention on-line web browser and you may not utilize any metatags
or any other hidden text utilizing Bluri's name or trademarks without the express
written consent of Bluri. You agree not to collect or harvest any personally identifiable
information, including account names, from the Web site, nor to use the communication
systems provided by the Web site for any commercial solicitation purposes.
COPYRIGHT POLICY
You may not post or otherwise upload to the Web site any copyrighted material, trademarks,
or other proprietary materials belonging to others without obtaining the prior written
consent of the owner of such proprietary rights. Bluri will remove any of Your Materials
if properly notified that such Materials infringe on another's intellectual property
rights. Bluri will also terminate your access to its Web site, if you are determined
to be a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any Material(s)
or other content infringes upon your copyrights, you may contact Bluri or 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): (i) a physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (ii) 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; (iii)
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; (iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available, an electronic
mail; (v) a statement that you have 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; and (vi) 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.
Bluri's designated Copyright Agent to receive notifications of claimed infringement
is:
Copyright Agent
Bluri Incorporated
455 Broadway
Fourth Floor
New York, NY 10013
email: Contact Form
telephone: 212-625-3590
fax: 212-625-3594
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. Bluri seeks to preserve any and
all exemptions from liability that may be available under the copyright law.
OUR INTELLECTUAL PROPERTY RIGHTS
The content on the Web sites, and the trademarks, service marks and logos contained
therein, which are created by or on behalf of Unique Streak, or otherwise licensed
to, Bluri are owned by or licensed to Bluri (“Bluri Property”), subject to copyright
and other intellectual property rights under United States and foreign laws and
international conventions. All rights of Bluri's rights in the Bluri Property are
hereby expressly reserved.
CONFIDENTIAL AND PROPRIETARY INFORMATION
You agree not to try to access and not to access any information through the Web
site which does not pertain to you and which you are not properly authorized to
receive.
WARRANTY DISCLAIMER
YOUR USE OF THE BLURi WEB SITES SHALL BE AT YOUR SOLE RISK. THE WEB SITES AND ANY
SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED
BY LAW, BLURi, ITS AFFILIATES, AND OTHER THIRD PARTIES MENTIONED ON THIS WEB SITE
AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEB SITES, THE BLURi SERVICES,
CONTENT, AND YOUR USE THEREOF. BLURi MAKES NO REPRESENTATIONS OR WARRANTIES THAT
THE WEB SITES, THE CONTENT, THE SOFTWARE AND SERVERS DO NOT VIOLATE ANY PATENT OR
OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ABOUT THE ACCURACY OR COMPLETENESS
OF THE WEB SITE'S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITES AND SERVICES,
(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 WEB SITES OR SERVICES, (V) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB
SITES OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLURi
WEB SITES. BLURi DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLURi
WEB SITES OR ANY HYPERLINKED WEB SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND BLURi WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE
MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THIS WEB SITES, ANY SERVICES, AND HYPERLINKED WEB SITES. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLURi OR BLURi'S AUTHORIZED REPRESENTATIVES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 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. The Web sites
are controlled and offered by Blui from its facilities in the United States of America.
Bluri makes no representations that the sites is appropriate or available for use
in other locations. Those who access or use the Web sites from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL BLURi, ITS AFFILIATES, AND OTHER THIRD PARTIES MENTIONED ON THE
WEB SITE'S, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL
OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF, RELATING TO,
OR 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 WEB SITES, (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 WEB SITES
AND THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS
OR OMISSIONS IN ANY MATERIAL OR OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY SERVICES, CONTENT OR USER CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLURi WEB SITES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
BLURi IS ADVISED OF THE POSSIBILITY 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 BLURi SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE WEB SITE, THE SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE
WEB SITE AND/OR THOSE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL
BLURi, ITS AFFILIATES, OR THE THIRD PARTY PROVIDERS' LIABILITY TO YOU OR ANY THIRD
PARTY EXCEED THE PRICE PAID BY YOU FOR YOUR USE OF THE SITE.
INDEMNITY
You agree to defend, indemnify and hold harmless Bluri, its officers, directors,
shareholders, 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 Web
site; (ii) your violation of any term 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 Materials caused damage to
a third party. This defense and indemnification obligation will survive these Terms
of Use and your use of the Bluri Web site.
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 Bluri without restriction. You will be
deemed to have consented to the disclosure to, and use by, a subsequent owner or
operator of this Web site, of any information about you contained in the Web sites
database(s) to the extent that Bluri assigns its rights and obligations regarding
information about you in connection with a merger, acquisition, or sale of all or
substantially all of Bluri's assets to a subsequent owner or operator. In the event
of such a merger, acquisition or sale, your continued use of the Web site signifies
your agreement to be bound by the Terms of Use and Privacy Policy of the Web sites
subsequent owner or operator. Notwithstanding the above, you will have the opportunity
to remove any content personal to you prior to, during, and after any merger, acquisition
or sale of all or substantially all of Bluri's assets.
DISPUTES
You agree that: (i) the Bluri Web site shall be deemed solely based in Omaha, Nebraska;
and (ii) the Bluri Web sites shall be deemed a passive Web site that does not give
rise to personal jurisdiction over Bluri, either specific or general, in jurisdictions
other than Omaha, Nebraska. These Terms of Use shall be governed by the internal
substantive laws of the State of Nebraska, without respect to its conflict of laws
principles. You agree that any and all disputes or controversies of any nature between
them arising at any time shall be determined by binding arbitration in accordance
with the Commercial Arbitration Rules of the American Arbitration Association. THE
PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES
ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT
AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
OTHER
These Terms of Use, together with the Privacy Policy, Prohibited Content Policy
and any other legal notices published by Bluri on the Web sites (including without
limitation any applicable Rules), shall constitute the entire agreement between
you and Bluri concerning the Bluri Web sites. If any provision of these Terms of
Use is deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms
of Use, which shall remain in full force and effect. No waiver of any term of this
these Terms of Use shall be deemed a further or continuing waiver of such term or
any other term, and your or Bluri's failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision. YOU
AND BLURi AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BLURi
WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR
BE DEEMED FOREVER WAIVED AND BARRED. The relationship of the parties is that of
independent contractors and this Agreement does not, in whole or in part, establish
or create by implication or otherwise, any partnership, join-venture, co-ownership,
or participation in a joint or common undertaking or allow either party to create
or assume any obligation on behalf of the other party for any purpose whatsoever.