blindwave.com and all of its associated websites allow users to create personal profiles in order to communicate online with other users. The website is operated by Blind Wave, LLC (“Blind Wave”). By using blindwave.com (the “Website”) you agree to be bound by these Terms of Use (the “Agreement”), whether or not you register as a user (“User”). If you wish to become a User, please read this Agreement and indicate your acceptance by registering as a User.
This Agreement details the legally binding terms of use of the Website and your Account with blindwave.com. Blind Wave may modify this Agreement from time to time and you agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted to the Blind Wave Website. It is the responsibility of the User to keep aware of the changes in the Agreement.
Blind Wave reserves the right, in its sole discretion, to reject, or remove any posting by any User, or restrict, suspend or terminate a User’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility of the Agreement
Users must be 13 years of age or older to be eligible to enter this agreement
Users may only hold one account at a time
Users take full responsibility for the content they publish on blindwave.com
Users warrants that use of blindwave.com complies with all local lawas and statutes
Term
This Agreement shall remain in full force and effect while you use blindwave.com. You may terminate your Account at any time for any reason. If Blind Wave terminates your Account, you shall not be entitled to refunds of any portion of a Pledge/Subscription that may be attached to your account at time of termination.
Commercial Use by Users:
The Website is for the personal use of Users. However, content published on The Website may contain links or information to external sites IN ADDITION to the personal content being published. No content may be published for the sole purpose of commercial use.
Proprietary Rights in Content on blindwave.com.
Blind Wave owns and retains all proprietary rights in the Website and the Service. Except for that information which is in the public domain or for which you have been given written permission (either by letter or electronic mail), you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted using the Service
- Blind Wave may review and delete any content, messages, journals, blogs, videos, photos, or profiles (collectively, “Content”) that in the sole judgment of Blind Wave violate this Agreement or the general spirit of Blind Wave.
- You are solely responsible for the Content that you publish on our Site or any material you send to other Users.
- By posting, publishing, or otherwise providing Content to the Website you automatically grant Blind Wave an irrevocable, non-exclusive, and perpetual ability to copy, display, promote, distribute, and otherwise exploit such Content without liability or payment to you.
- By using the Site you agree not to transmit content that:
- promotes racism, hatred, or physical harm of any kind against any group or individual
- harasses or defames another person
- contains or promotes “spam”
- involves commercial activities with out consent of Blind Wave such as pyramid schemes and giveaways
- contains or provides information about an illegal or unauthorized copy of copyright work
- displays pornographic material of any kind
- provides material that exploits people under the age of 18 in a sexual or violent manner
- provides instructional information about illegal activities
- Even though all of the items listed in section 4 are prohibited. Blind Wave does not guarantee the removal of these items and Users may be exposed to such items. You further waive Your right to any damages (from any party, including Blind Wave and blindwave.com) related to such exposure.
Copyright Policy
Blind Wave takes copyright claims seriously. Blind Wave and blindwave.com will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringes on your copyright, you may request removal of those materials from the Site by submitting written notification to Blind Wave. You must include (a) Identification of copyrighted material that is being infringed (b) identification of the material that is infringing your copyright (c) a statement that you have a good faith that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (d) Information by which Blind Wave may contact you (e) your physical or electronic signature.
User Disputes
YOU are solely responsible for your interactions with all other Users of blindwave.com
Privacy
Blind Wave maintains a Privacy Policy that governs all privacy issues in effect while using our Site. A copy of this policy may be found on the Website
Disclaimers
Blind Wave and blindwave.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection to our service provided. Whether caused by users of the Website or by any of the equipment or programming associated with or utilized for the Website.
Blind Wave is not responsible for the Conduct, whether online or offline with any User of the Website.
Blind Wave assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any User communication.
Blind Wave is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or at any Website or combination thereof, including any injury or damage to Users and/or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website. Under no circumstances shall Blind Wave be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or from any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline. The Website is provided “AS-IS” and Blind Wave expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Blind Wave can not guarantee and does not promise any specific results from use of the Website.
Blind Wave does not guarantee the availability of the Website. No advice or information, whether oral or written, obtained by user from blindwave.com or through or from the Website shall create any warranty not expressly stated herein.
Limitation on Liability
IN NO EVENT SHALL BLIND WAVE OR blindwave.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF blindwave.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, blindwave.com AND BLIND WAVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO blindwave.com AND/OR BLIND WAVE FOR THE WEBSITE DURING THE TERM OF THIS AGREEMENT.
Disputes
If there is any dispute about or involving the Website, by using the Website, you agree that any dispute shall be governed by the laws of the State of Ohio without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Ohio, Washington County.
Indemnity
You agree to indemnify and hold harmless blindwave.com and Blind Wave, subsidiaries, affiliates, agents, partners, and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a User of the Website. This Agreement constitutes the entire agreement between you and blindwave.com regarding the use of the Website. You may not assign the Agreement, or any of your rights or obligations under this Agreement, without the express prior written consent of Blind Wave and blindwave.com. Blind Wave may assign this Agreement and its rights or obligations under this agreement, with or without notice to you. The failure of Blind Wave to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this agreement are for Convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
