Welcome to the mBLAST family of Web sites, which include but are not limited to mBLAST.com, mediasynconline.com, eventsync.com and awardsync.com and any other mBLAST branded or co-branded websites, mobile versions and media (Site or Sites). This website and each of the Sites is operated by mBLAST, Inc., a Delaware corporation (mBLAST).
Please review the following terms and conditions (Agreement) which govern your use of the Sites and any electronic services provided on the Sites (Service), unless you have either registered to use the Service or expressly entered into a separate agreement with mBLAST. If you have not registered to use this Site or separately entered into a separate agreement with mBLAST, you are considered a Visitor under this Agreement. If you have registered or separately entered into a separate agreement with mBLAST (Customer Agreement), you are considered a Customer and must also comply with the terms of the Customer Agreement, along with the terms of this Agreement.
Your use of the Sites constitutes your agreement to be bound by this Agreement. We encourage you to review this Agreement whenever you visit the Sites. If you do not agree to the terms of this Agreement, please do not use the Sites.
Unless otherwise specified in this Agreement, Visitors who use the Site or such portions of the Service as are available to non-Customers will be subject to all of the provisions of this Agreement, except those related to registration, fees and payment, and taxes.
If you register to use the Services, you will select a user name and password, which you agree to keep secret. In case of unauthorized use of your user name, password or account, you will notify us immediately at firstname.lastname@example.org.
To enhance your use of the Service, the Sites often operate in conjunction with one another to provide a more integrated and comprehensive Service. You acknowledge and agree that any Sites within the mBLAST family will be entitled to provide the Service to You, and such Service will be governed by the terms of this Agreement.
In order to constantly improve and update the Service, the form and nature of the Service may change from time to time without notice. Such changes to the Service may include things such as changes in hours of availability; changes in access to or format of Content; changes in Customer capabilities; and limits on storage space or number of transmissions.
From time to time, it may be necessary to discontinue the Service or any aspect or feature of the Service, including the existence of the Site without prior notice to you. We will provide as much notice as reasonably possible regarding changes in the availability of the Service, including emergencies and routine maintenance. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, and any Customer Content.
"Content" means all information, text, photos, images, graphics, illustrations, video and/or audio clips, corporate and other materials made available to Visitors and Customers, including Content generated by mBLAST. Content also includes, but is not limited to, Customer Content and Third Party Content. "Customer Content" means all Content and other information submitted to us by a Customer. Customer Content may include, but is not limited to, company or personal contact information, product information, specifications and profiles. "Third Party Content" means all Content that is provided by a third party that is not Customer Content, including, but not limited to, news articles, press releases and white papers made available through the Service. Visitors may not submit Content.
You are responsible for: (i) compliance with this Agreement and the Customer Agreement, if applicable; (ii) compliance with all applicable local, state, federal and foreign laws in using the Service; (iii) acquiring all necessary rights and other authorizations required to supply us with Content, whether Customer Content or Third Party Content, and to allow its use on the Site and as part of the Service (including copying, publication, distribution or other exploitation of such Content).
You agree that you will not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than as specifically authorized by us in writing; (ii) use the Service directly or indirectly to send electronic messages or other communications in violation of applicable laws; or (iii) knowingly send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material. You further agree that you may not use the Service, the Third Party Content or any content provided by mBLAST for any purpose other than pursuit of winning awards on your own behalf (or on behalf of a particular client if you are a public relations representative), attendance or presence at events on your own behalf (or on behalf of a particular client if you are a public relations representative), or marketing activities on your own behalf (or on behalf of a particular client if you are a public relations representative). You may only use the minimum amount of Third Party or other content reasonably necessary to accomplish the foregoing limited purposes.
As a benefit of the Service, the Site may contain links to third party websites, which we do not investigate or monitor for accuracy or completeness. You agree that we are not responsible for the practices of those entities, including their privacy policies and practices, or the content, accuracy, or opinions expressed in such third party websites.
You agree that Third Party Content is owned by third parties and you are responsible for acquiring all rights necessary to use, transmit, distribute, copy, publish, change or display such content. You may not (or permit anyone else to) modify, rent, lease, loan, sell, distribute or create derivative works based on Content that is not provided by you, unless you have been specifically authorized to do so in writing by mBLAST or, in the case of Third Party Content, by such third party owner in a separate agreement. You are solely responsible for any Content including Customer Content that you create, transmit or display while using the Service. Any further copying, publication, distribution or use of such Content is at your own risk and we make no warranties or representations and shall not be responsible for any such further use or distribution. We are not responsible for misuse or misappropriation of any Content by you. You agree that you will not remove, obscure or alter any proprietary rights notices (including, but not limited to, trademarks/service marks and copyright notices) that may accompany an image or Content obtained via the Service, except to the extent permitted by applicable law.
We hereby grant a limited, non-exclusive, non-transferable, revocable license to: (i) for Visitors, to use the Service in accordance with this Agreement and, for Customers, to use the Service in accordance with this Agreement and the Customer Agreement; (ii) use certain third party software as may be downloaded or made available via the Service, subject to any additional license terms and conditions that may apply to the use of such software by you; and (iii) use certain Customer Content for your internal purposes in accordance with each of the terms hereof and all applicable laws, rules and regulations. We do not make and expressly disclaim any grant by us of a license to use the Third Party Content; any use, publication, distribution or copying of such Content is entirely at your own risk.
Unless otherwise indicated in the Customer Agreement, you hereby grant us a non-exclusive, irrevocable, perpetual, royalty free license to use, reproduce, distribute, publish and modify the Customer Content to the full extent necessary for us to provide the Service, in accordance with the user configuration settings you select within the Service. Provision of the Service may involve allowing other users of the Service access to and use of the Customer Content provided by you in connection with the use and distribution of the Service (if permitted by your user configuration settings), unless otherwise indicated in the Customer Agreement.
As between you and mBLAST, you own all rights, title and interest in and to the Customer Content provided by you and mBLAST owns all rights, title and interest to all other Content.
No rights are granted to you under this Agreement other than those that are expressly set forth herein.
By registering with the Site and clicking on “I Agree”, you acknowledge that you have read and agree to be bound by this Agreement, as it may be modified from time to time.
Customers are also subject to the Participation Requirements.
If any fees are payable for Services you use, they are specified at www.mBLAST.com or one of the affiliated mBLAST sites.
Unless otherwise stated, mBLAST's fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with your use of the Service, excluding taxes based on mBLAST's net income or property. This includes any and all applicable taxes for which you may be responsible, including but not limited to Taxes associated with purchases, subscriptions, or sales made by you in connection with your use of the Service.
This Agreement commences upon your use, access of or receipt of the Service and continues throughout such use, access or receipt unless earlier terminated by mBLAST. We may terminate this Agreement immediately and suspend or terminate your access to the Service in whole or in part, without notice, in the event of any breach or threatened breach of any portion of this Agreement by you or as we may determine in our sole discretion. All fees paid by you upon registration are non-refundable if this Agreement or your access to the Service is terminated as a result of your breach of this Agreement. Any other agreement you may enter into with mBLAST concerning the Services may contain additional terms regarding any aspect of the Services and your relationship with mBLAST, including the term and termination of the Services.
THE SERVICE AND ANY CONTENT PROVIDED VIA THE SERVICE IS PROVIDED "AS IS" AND "WHERE IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ABILITY TO ACHIEVE A PARTICULAR RESULT, ACCURACY, OR UNINTERRUPTED OPERATION. YOU ASSUME ALL RISK AND RESPONSIBILITY ARISING OUT OF ANY USE OF THE SERVICE AND ANY THIRD PARTY CONTENT PROVIDED OR MADE AVAILABLE TO YOU VIA THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
You represent and warrant that you have full legal authority to enter into this Agreement and receive the Service and use the Customer Content supplied by you for each of the purposes set forth herein and as otherwise required, permitted or facilitated by the Service. You further warrant and represent that the Customer Content that you supply to us is true and accurate, and that you have sole responsibility for the accuracy and quality of such Customer Content supplied by you.
You shall defend, indemnify and hold us harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with claims, demands, suits or proceedings made or brought against us by a third party in connection with your breach of this Agreement or alleging that your provision, use or distribution of Customer Content provided by you infringes or misappropriates the intellectual property or any other rights of any third party.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU OR ON BEHALF OF YOU HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that this Agreement, together with any applicable Customer Agreement, constitutes the entire agreement between you and us, governs your use of the Service (but excludes any services that we may provide to you under a separate written agreement) and supersedes all prior and contemporaneous agreements concerning provision of the Service to you. Without limiting the generality of the foregoing, in the event that an entity of which you are an employee enters into an agreement with us ("Corporate Agreement") for the provision of services that are substantially similar to the Services, the terms of that agreement shall govern to the extent there is a conflict between this Agreement and the terms of that Corporate Agreement.
This Agreement shall be governed exclusively by the laws of the State of Connecticut, without regard to its conflicts of law provisions. Any dispute, controversy, contest, claim or other matter arising out of or in connection with this Agreement or the interpretation or enforcement hereof shall be settled by binding Arbitration to be held in Hartford, Connecticut in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except either party may file suit or other proceeding in either state or federal court in Hartford, Connecticut with respect to any matter related to the protection or maintenance of intellectual property of either party or any third party. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
You agree that we may provide you with notice ("Notice") under this Agreement, including Notice regarding changes to this Agreement by email, regular mail or posting on the Site. You agree to provide us with Notice in writing to the corporate legal address provided on our Contact Us page. Notice shall be deemed to have been given upon the third business day after mailing via certified mail, return receipt requested.
No failure or delay to exercise any right under this Agreement shall constitute waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies at law or in equity.
We make the Service available to users in the United States and make no representations that the Service is legal, appropriate or available for use in locations outside the United States. Those who choose to use the Service outside the United States do so at their own risk and are responsible for compliance with applicable laws in those jurisdictions.
We reserve the right to modify the terms and conditions of this Agreement at anytime, and such modifications will be effective immediately upon posting such modifications on the Site. You agree to review the Site periodically, and your continued use of the Service will be deemed acceptance of any modified terms and conditions of this Agreement.
The following provisions shall survive any termination or expiration of this Agreement for any reason whatsoever: Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.