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TERMS OF USE

Last updated: April 20, 2021

IMPORTANT PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LAVONDA ROUSE D/B/A COLLABORATIVE EFFORT ENTERTAINMENT (“COMPANY”, “WE”, “US” OR “OUR”) FOR THE USE OF WWW.THEBLENDTALK.COM (“SITE”) AND SERVICES. BY ACCESSING OR USING THE SITE YOU ARE ACCEPTING THESE TERMS OF USE AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

Acceptance of Terms. By accessing or using the Site (including all content and functionality), you agree to be bound by these Terms. If you do not agree with any of these terms, please do not access or use the Site. By accessing and using our Site, you also agree to the terms in our Privacy Policy, posted at www.blendtalkshow.com which explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information, and the options you have regarding your information. Company reserves the right to make updates or changes to the Site and these Terms at any time. The “Last Updated” legend above indicates when these Terms were last changed. All changes are effective immediately upon posting to the Site. Continued use of the Site following the posting of revised terms will indicate your acknowledgment and agreement to be bound by the revised Terms. For this reason, we encourage you to review these Terms whenever you use our Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site or in other written agreements.

Age Restrictions. The Site is intended for use only by persons 18 years of age or older. If you are under 18, you may only purchase items or subscribe to Company newsletters, marketing or promotional materials and other information from us with the involvement of a parent or guardian. If you use this Site, you affirm that you are at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and our Privacy Policy.

Privacy Policy. You can view our privacy policy here: Privacy Policy – The Blend (inventivesimon.com).

Communications.

By providing your email address on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.

Availability, Errors, and Inaccuracies.

We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes, and Promotions. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

Intellectual Property.

The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data, files and other content associated with the Site, including the design, selection, arrangement and compilation thereof (“Content”) are protected by intellectual property and other laws in the U.S. and foreign countries. You must comply with all such laws and applicable copyright, trademark, patent or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, patent or other legal notices marked on the Content. As between you and Company, Company will retain all right, title, and interest in and to the Site and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, Company reserves all rights to the Site and Content, and all rights not expressly granted are reserved by Company.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Site or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Site or Content; license or sublicense any part of the Site or Content; or in any way exploit any part of the Site or Content. In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Company video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

Except as set forth in this Paragraph 14, if you access or use, or provide any other individual with access, to any part of the Site in breach of these Terms, your right to use the Site will terminate immediately and you must, at our option, return or destroy any copies of the Content you made. Company also reserves the right to terminate your authorization to use any services available on or through the Site and any related accounts immediately and at any time if you breach or threaten to breach these Terms. The trademarks, logos, service marks, and product marks displayed on the Site are the registered and unregistered marks of Company, our affiliates or related companies, our partners, or our licensors, and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates or related companies, our partners or our licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Use of Content. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site, or access to the Site for any commercial purposes.
Digital Millennium Copyright Act (“DMCA”) Takedown Notifications & Other Legal Complaints.

Company respects the intellectual property rights of others. If you believe that your work has been copied, posted, stored, or otherwise transmitted using the Site in a way that constitutes copyright infringement, please provide the following information pursuant to the DMCA to the designated agent listed below:

an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
a clear and complete description of the copyrighted work that you claim has been infringed; a clear and complete description of the material on the Site that you claim to be infringing and a sufficient description of where the material can be located to enable Company to find and remove it;
sufficient information to contact you, such as your address, telephone number, and email address;
a statement by you 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
a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

The designated agent for claims of copyright infringement may be reached at
e-mail address: info@theblendtalk.com, with the subject line: “Copyright Infringement”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.

Repeat Infringement.

Users may not upload User Content owned by someone else in a manner that violates copyright law. Each copyright infringement notice against a user constitutes a “strike.” After two strikes, the user will be prohibited from accessing the site. If the user submits a valid DMCA counter-notification or valid response to the copyright infringement notice, Company will remove the associated strike.

Company reserves the right to terminate users Site usage if Company becomes aware of copyright infringement or attempted copyright infringement even without receipt of a copyright infringement notice.

Links to Other Web Sites.

Our Site may contain links to third party web sites or services that are not owned or controlled by Company.

Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. Company provides links to third-party web sites or services solely as a convenience, and accordingly your access to or use of a third-party web sites or services is at your sole risk.

You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

The inclusion of any link on the Company Site to a third-party web sites or services does not imply endorsement by Company of the third-party web sites or services or any association with its owners or operators.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

No Medical Advice. No part of the Site or any other materials made available through the Site is intended to offer medical advice. The Contents of the Site are for informational and entertainment purposes only. The Content is not intended to be, nor is it, a substitute for professional medical advice, diagnosis, or treatment. Company and its affiliates, successors and assigns make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Site. Company recommends that anyone seeking a holistic lifestyle, fitness and/or nutrition regimen always seek the advice of their physician or other qualified health provider with any questions they may have regarding a medical condition or nutrition and fitness questions in general. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you chose to rely on information on this Site for medical purposes, you do so at your own risk.

Feedback. If you provide Company any reviews or suggestions regarding the Site or products featured on the Site (“Feedback”), you hereby assign to the Company all rights in the Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate, including for promoting Company’s services or products. The Company will treat any Feedback you provide to the Company as nonconfidential and nonproprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

User Content.

Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, audio, or other material (“User Content”). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness.

By posting User Content on or through the Site, You represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate Site usage of anyone found to be infringing.

We take no responsibility and assume no liability for User Content you or any third-party posts on or through the Site. However, by posting User Content using the Site you grant Company and its affiliates, successors and assigns the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site on a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit that User Content, and any names, voices, likenesses and other identifying information of persons that is part of that User Content, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products and for inclusion on The Blend Talk show, on a CD or DVD, or in any other electronic or non-electronic media or format currently existing or later developed. You hereby waive any moral rights you may have in your User Content.

Company has the right but not the obligation to monitor and edit all User Content provided by users.

In addition, User Content found on or through this Site are the property of Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Indemnification. You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of any product featured on the site; (b) your violation of these Terms of Use; or (c) your violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company and you agree to cooperate with Company’s defense of these claims.

Limitation of Liability.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, COMPANY WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE, CONTENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICES; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITE RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE (v) PERSONAL INJURY OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Unsolicited Submissions. Company does not accept unsolicited submissions, including scripts, story lines, articles, drawings, suggestions, ideas or concepts. It is Company’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in The Blend Talk show or any other creative work produced by Company or any talent from The Blend Talk show would be purely coincidental.

Disclaimer.

Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this site.

Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Governing Law and Venue.

These Terms of Use shall be governed by the laws of the State of Georgia without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms of Use or the Site (a “Claim”) must be brought in a federal or state court located in Atlanta, Georgia, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, the Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.

Changes to Terms of Use. These Terms of Use are subject to occasional revision or substantial changes. Any changes to these Terms of Use will be effective immediately. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. If you do not agree to the new terms, you are no longer authorized to use the Site.

Entire Agreement. These Terms of Use, and any supplemental terms, policies, and guidelines incorporated herein constitute the entire agreement between you and Company regarding the use of the Site. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an end user, and neither party is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms of Use shall be binding upon assignees.

Contact Us. If you have any questions about these Terms, please contact us at info@theblendtalk.com.