Privacy at blist
Privacy FAQ
Scope
This FAQ offers some highlights of blist's Privacy Policy and Terms of Service, the documents that describe in depth how we use your information and contributions as well as your entitlement and obligations in using blist. Please make sure to carefully review these documents in full so that you have a clear idea of our privacy practices and policies.
Introduction
At blist we strive to give you choices regarding your privacy and personal data. That being said, we believe that with your permission to allow other users to view your blists™, you provide a source for inspiration that benefits the entire community. After all, if you create something beautiful, why not show the world? Of course, as is discussed further in our privacy policy, you should be cautious regarding including any personal information in public blists™ or other public postings.
Your personal information
What does blist do with my personal information? Except in the limited manner described in our privacy policy, blist does not share your personal information with third parties. At the same time, we do use your personal information internally in order to provide, customize and improve, the blist service, to process your requests or transactions, to inform you about events, promotions, products or services we think will be of interest to you, to facilitate your use, and our administration, of the Site, and for specific purposes for which you provide us the information. For example, we're always looking to make your experience with blist better, and information such as location and email help make that possible. For example we might use your email to contact you for tech support, and knowing how many members live in each country will be helpful once we decide to expand blist's language support beyond English. We also may analyze the data and data structures you post on the Site and your other activities on the Site in order to tailor blist and advertising on blist to your needs and interests. See our privacy policy for more information on how blist may use the personal information you provide. Can I lend a friend my password? Because you're responsible for all activity that goes on with your account, we strongly discourage you from lending your password to anyone. No blist employee will ever ask for your password, so keep it a secret.
Sharing your blists with the world
blist offers two service levels, a free version designed primarily for consumers, and a forthcoming fee-based premium version designed primarily for businesses. Below are specific details about how they differ in allowing others access to your blists.
Definitions of Data and Data Structures
As an example, our CEO, Kevin, is an avid wine collector. While he might be concerned that somebody will buy all of his favorite wine, he also feels that sharing how his blist is organized will inspire other people to take up the hobby. blist defines “data” as the information that goes inside your blist, such as the what the wines are and where to buy them. A “data structure” is defined as the way in which a blist is organized, such as column names and types (every new wine collector needs to know that they should be tracking the vintner, vintage, and vineyard of their selections).
Who can see my blist?
While anybody can hide their data, there are a few differences between the Free and Premium versions of blist. In free blist accounts, you can choose to make your data public or private; your data structures are always public. In premium blist accounts, you can choose to make both your data and data structures public or private.
Who owns my data and data structures?
You own both the data and data structures that you create.
How is my data analyzed?
Because we're dedicated to making blist the best possible experience, blist may analyze contributed data and data structures in a number of ways, such as to better understand your usage and visitation of our Site, to customize the site, and to deliver advertising targeted to your interests. For example, knowing that half of our users are making wine blists might inspire us to add a special place in your profile to note your personal favorites.
Is it really true that I can put photos and music in my blist?
Yes, blist allows you to put photos and other documents like music into your blist. However, you must have the legal right to do so, and it's up to you to make sure that you everything in your blist is legal, does not infringe anyone rights and fully complies with the user content and user conduct rules set forth in the Terms of Service. If somebody complains that one of your blists violates their rights or the law, we may have to take it down. If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth in the Terms of Service.
Privacy Policy
Last Revised: March 27, 2008
This privacy policy ("Policy") explains how personal information is collected, used, and disclosed by Blist, Inc. ("Company", "we" or "us") with respect to your use of the web site located at www.blist.com (the "Site") so you can make an informed decision about using the Site and the features and service offered through he Site (the "Services"). We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the privacy policy the date it was last updated. We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used.
WHAT IS PERSONAL INFORMATION?
As used herein, the term "personal information" means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or other account number), and information about that individual's location or activities, such as information about his or her use of the Site, when directly linked to personally identifiable information. A user name may be personal information if it includes personally identifying information such as a first and last name. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you. Personal information does not include "aggregate" information, which is data we collect about the use of the Site or about a group or category of products, services or users, from which individual identities or other personal information has been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users' needs so that we can better consider new features or otherwise tailor our Site. This policy in no way restricts or limits our collection and use of aggregate information.
WHAT PERSONAL INFORMATION DO WE COLLECT?
Personal information may be collected in a number of ways when you visit our Site or use our Services. We may collect certain information that you voluntarily provide to us which may contain personal information. For example, we may collect your name, address, email address, user name and other contact, demographic information when you register and set up an account or contact us by e-mail or other means for any reason. Personal and demographic information may also be collected if you provide such information in connection with creating a blist™ database ("blist"), user profile or group, leaving comments, posting content, sending an email or message to another user or participating in any interactive forums or features on the site. If you sign up for a premium service, we may also collect credit card or other payment information. In addition, from time to time we may collect demographic, contact or other personal information you provide in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Site. When you use the Site, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.
HOW ARE COOKIES USED ON THE SITE?
We may automatically collect certain information through the use of "cookies." Cookies are small data files that are stored on a user's hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. We may also use third parties to serve ads on the Site. These third parties may place cookies, clear gifs or other devices on your computer to collect information, and information provided by these devices may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Site and the Service may not function properly. For example, you may not be able to sign in and may not be able to access certain Site features or services.
HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?
In general, we use the personal information we collect to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Site, and for the purpose for which the information was provided. In addition, we may analyze the data and data structures you post on the Site and your other activities on the Site in order to tailor the blist Service and advertising on blist to your needs and interests. The following are some examples of how we may use the information we collect:
to send you a welcoming email and to contact you about your use of the Site, to provide other services, products or information you request and to complete any transactions in connection therewith;
to respond to your emails, submissions, comments, requests or complaints;
to customize site content, features and advertising
to provide online editing and publishing services to you
to request feedback, analyze site use, and enable us to develop, customize and improve the Site and our publications, products and services;
to contact you about our services, products, activities, special events or offers and for other marketing, informational, product development and promotional purposes;
to notify contest winners; and for the specific purpose for which the information was provided.
Personal information provided online may be linked together or merged with other personal information so that we may better understand your needs and inform you about our products or services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you. In either case, this Policy governs this information.
HOW IS YOUR PERSONAL INFORMATION SHARED WITH THIRD PARTIES?
We will not share the personal information we collect from you through this Site with third parties except as described in this Privacy Policy, as it may be revised from time to time. We may share personal information with vendors, consultants and other service providers (“Service Providers”) who are engaged by or working with us in connection with the operation of the Site, the Services or our business. For example, we may hire third parties to analyze data and provide marketing assistance on our behalf. Such Service Providers are only permitted to use such information for the purpose for which it was provided to them. In some cases, the Service Provider may be directly collecting the information from you on our behalf. We may also share personal information with other third parties when you give us your consent to do so. We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to these Service Providers or other third parties, and we encourage you to become familiar with their practices before disclosing information directly to them. Note that nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent. Third parties may also have access to personal information on the Site when you provide it to them or post it on public areas of the Site (see below). We may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Company, our users, our employees or the public, including without limitation to protect Company or our users from fraudulent, abusive, inappropriate or unlawful use of our Site. Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Company.
WHO CAN SEE THE PERSONAL INFORMATION I POST ON THE SITE?
You understand that when you use the Site, information you post in your blists™ or in your profile, forums, groups, and other interactive areas of the Site, as well as any information you share with individuals through the Site, will be available to other users and in some cases may be publicly available, depending on the applicable privacy settings. We recommend you be cautious about giving out personal information to others or sharing personal information on the Site. If you use the free service, the default privacy setting will be for the data contained in blists™ to be publicly available on the Site unless you designate it as public and data structures (i.e. the way in which a blist™ is organized, such as column names and types) are always publicly available and accessible by anyone (i.e. they may not be designated as private). If you subscribe to the Premium Service, the default privacy setting will be for data to be private unless it is designated as public and for data structures to be publicly available unless you designate them as private. Data structures designated as private will not be made available to other users of the Site. In free blist accounts, you can choose to make your data public or private; your data structures are always public. In premium blist accounts, you can choose to make both your data and data structures public or private. Please be aware, however, that although we endeavor to use commercially reasonable efforts to implement these restrictions and honor these designations, no system or security measure is perfect or impenetrable, and therefore, we cannot guarantee that data and personal information will not be available to others, even if it is designated as private. We are not responsible for unauthorized access to your data or personal information or for the actions of any third parties with whom you share personal information or who have obtained your personal information from the Site.
WHAT STEPS DO WE TAKE TO PROTECT PERSONAL INFORMATION ONLINE?
We have endeavored to put into place reasonable security measures in an effort to protect personal information while it is under our control. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.
WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION?
If we send any promotional or marketing emails, you may "opt out" of receiving such promotional and marketing purposes by following the directions in the email or by emailing us at privacy@blist.com. However, this shall not affect our ability to send you service and account related emails to use your personal information as otherwise described in this Policy.
LINKS TO OTHER WEB SITES
Our web site may contain links to other web sites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. We are not responsible for the content or privacy and security practices and policies of web sites to which we link. Links from our web site to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
HOW YOU CAN CORRECT AND UPDATE YOUR PERSONAL INFORMATION OR OBTAIN ADDITIONAL INFORMATION
If you have any questions or comments about this Policy or the practices relating to the Site, or you wish to verify, correct or delete any personal information we have collected, please contact us at privacy@blist.com, and we will endeavor to respond to your inquiry or to correct, update or remove the personal information you have provided us as you indicate to the extent possible. In lieu of email, you may also contact us by mail at the following address: 101 Yesler Way, Suite 502, Seattle, WA 98104.
Terms Of Service
Date of Last Revision: March 27, 2008
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE BLIST.
This Web site located at www.blist.com (the "Site") is owned and operated by Blist, Inc. ("Company"). These terms and conditions of use (“Terms of Service”) apply solely to your access to, and use of, the Site and the features and services provided through the Site (the "blist Service"). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the blist Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Terms.
Company reserves the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Site or the blist Service, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site or the blist Service, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents or the blist Service should be directed to termsofservice@blist.com.
1. Privacy Policy
Please refer to our Privacy Policy for information on how Company collects, uses and discloses personally identifiable information from its users.
2. Types of Service
There are two service types offered by the blist Service, our free service (designed primarily for individuals) and our fee-based premium service (designed primarily for businesses) (the "Premium Service"). The differences between these services is described in more detail on the Site, but one key difference is how they allow others to access the blist™ databases ("blists") you create on the Site. Using the free service, the default is for the data contained in blists™ to be publicly available on the Site, although users may designate such data as private, and data structures (i.e. the way in which a blist™ is organized, such as column names and types) are always publicly available and accessible by anyone (i.e. they may not be designated as private). Using the Premium Service, the default for data is private, but users can designate such data as publicly available, and data structures are by default publicly available, but may be designated as private. Regardless of the type of service, you retain ownership of both the data and the data structures you post on the Site (see Section 7). In free blist accounts, you can choose to make your data public or private; your data structures are always public. In premium blist accounts, you can choose to make both your data and data structures public or private.
3. Data Analysis
Company may collect and analyze the data and data structures you post on the Site and your other activities on the Site in order to tailor the blist Service and advertising on blist to individual user needs and interests and make the blist Service the best possible user experience.
4. Your Account
In creating your account, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. You are responsible for all activity that activity that occurs under your account, and you should not share your password with anyone. In order to create an account, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 or over and that all information you provide in the registration form is complete and accurate.
5. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, information, data, databases, tables, spreadsheets, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, except as expressly permitted on the Site,; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. Trademarks
blist, blist.com, the Company logos and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. blist™ is our proprietary trademark for the databases you create through the blist Service, and you may not use the term "blist" to refer to any other database. You may not use any metatags or any other "hidden text" utilizing "Company" or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
7. User Content
The Site includes user profiles, blists™ databases, discussion forums, and other interactive areas, features or services in which you or other users create, post or store content, messages, materials, data, databases, data structures, spreadsheets, entries, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your User Content and your use of such interactive areas. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site (including in your blist™) any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. user Content that is subject to any export control laws or regulations;
f. Unsolicited promotions, political campaigning, advertising or solicitations;
g. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
h. Viruses, corrupted data or other harmful, disruptive or destructive files; and
i. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or the blist Service, or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site and the blist Service is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, COMPANY RESERVES THE RIGHT, AND HAS ABSOLUTE DISCRETION, TO REMOVE, SCREEN OR EDIT ANY USER CONTENT POSTED OR STORED ON THE SITE AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE, AND YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF AND REPLACING ANY USER CONTENT YOU POST OR STORE ON THE SITE AT YOUR SOLE COST AND EXPENSE.. Any use of the Site or the blist Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and the blist Service. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Company's systems and customers, or to ensure the integrity and operation of Company's business and systems, Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Company's right to disclose any such information shall govern over any terms of Company's Privacy Policy.
8. Rights to User Content
Except for Submissions as described in Section 10 below, you retain the copyright in and all ownership of the User Content you post. However, unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, analyze, perform and display such User Content throughout the world in any media on or in connection with the Site, provided that Company shall not make User Content designated as private publicly available. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
9. User Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want the Site to be a safe place on the Web. Therefore, in using the Site and the blist Service, you may not:
a. Violate any local, state, national or international law or post any User Content that would encourage or provide instructions for a criminal offense
b. Impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
c. Forge or otherwise manipulate identifies in order to disguise the origin of any User Content transmitted through the Site.
d. Use the Site to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
e. Post or share any personally identifiable or private information of any third party or collect or store personally identifiable or private information of any third party without authorization.
f. Solicit passwords or personal information from anyone under 18
g. Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
h. Register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
i. Engage in any predatory or stalking conduct
j. Interfere with or disrupt the blist Service, servers or networks connected to the blist Service or disobey any requirements, procedures, policies or regulations of networks connected to the blist Service
k. Submit or post any User Content in violation of the rules set forth in Section 8 above.
Any use of the Site or the blist Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and the blist Service.
10. Subscribing to the Premium Service; Payment Terms
The features, service fees, and payment methods applicable to the Premium Service are found on the Site. By subscribing to the Premium Service, you agree to pay all applicable service fees in accordance with the terms set forth in these Terms of Service and the Site. Unless otherwise agreed to by the parties, the Premium Service is provided on a month-to month basis and will automatically renew each month on the same day of each month that the service commenced unless and until you cancel the Premium Service or it is terminated by Company. You authorize Company to charge the payment method designated on your account ("Payment Method") for all Service Fees and any applicable taxes at the commencement of the Premium Service and at the beginning of each monthly renewal period unless and until you cancel your Subscription or it is terminated by Company. You also authorize Company to obtain pre-approval from your credit card issuer. All Service Fees are nonrefundable and there are no refunds or credits for partially used periods. Company may change the Service Fees and the terms of the Premium Service at any time, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail, and such charges will apply to your next renewal term].
11. Submissions
You acknowledge and agree that any materials you submit regarding the Site, the Company or Company's products or services, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information ("Submissions"), are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. Third Party Content
Company may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
13. Advertisements and Promotions; Third-Party Products and Services
Company may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Site.
14. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to this Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party. Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
15. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
16. Copyright Complaints.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Adam Hanig
Full Address of Designated Agent to Which Notification Should be Sent: 101 Yesler Way, Suite 502, Seattle, WA 98104
Telephone Number of Designated Agent: Phone (206) 340-8008
E-Mail Address of Designated Agent: copyright@blist.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
17. Indemnification
You agree to defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Site or the blist Service, including without limitation any actual or threatened suit, demand or claim made against Company and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
18. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE BLIST SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE BLIST SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE BLIST SERVICE SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Company reserves the right to change any and all content contained in the Site and any services or features offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
19. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE BLIST SERVICE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR THE BLIST SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE BLIST SERVICE EXCEED ANY FEES YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR THE BLIST SERVICE.
20. Applicable Law and Venue
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
21. Termination
Notwithstanding any of these Terms of Service, Company reserves the right, without notice and in its sole discretion, to terminate your right to use the Site and the blist Service, and to block or prevent future your access to and use of the Site and the blist Service . Company also reserves the right to discontinue the Site and the Service, or any features thereof, at any time without notice. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF AND REPLACING ANY USER CONTENT YOU POST OR STORE ON THE SITE AT YOUR SOLE COST AND EXPENSE.
22. Severability
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
23. Arbitration
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE SITE AND/OR THE BLIST SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that with respect to any claims that a party has infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, [the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable.] The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the blist Service be instituted more than three (3) year after the cause of action arose.
24. Questions & Contact Information
Questions or comments about the Site may be directed to Company at the email address termsofservice@blist.com or by calling us at (206) 340-8008.