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Overview 

The following are the terms of an agreement between you and BlenderPass, including Blender SMARTWallet (“BLENDER”). By accessing, or using this Web site, you acknowledge that you have read,  understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site. 

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BLENDER may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Web site. BLENDER may also make improvements or changes in the products, services,  or programs described on this site at any time without notice. 

 

Links or References to non-BLENDER Web sites and resources 

This Web site may provide links or references to non-BLENDER Web sites and resources. BLENDER makes no representations, warranties, or other commitments or endorsements whatsoever about any non-BLENDER Web sites or third-party resources that may be referenced, accessible from, or linked to any BLENDER site. In addition, BLENDER is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a  BLENDER site. When you access a non-BLENDER Web site, even one that may contain the BLENDER-logo,  please understand that it is independent from BLENDER, and that BLENDER does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information. 

 

General 

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.

 

BLENDER grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a customer or potential customer of BLENDER provided you comply with these  Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and BLENDER may block any crawlers in its sole discretion. The use authorized under this agreement is non commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited. 

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Except for the limited permission in the preceding paragraph, BLENDER does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access,  or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

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Rules of Conduct 

Your use of BlenderPass.com and any related BLENDER websites (BLENDER Websites) is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such  laws and regulations. Any attempt by any person to deliberately damage BLENDER Websites is a  violation of criminal and civil laws. BLENDER reserves the right to seek damages from any such person to the fullest extent permitted by law. 

 

You agree not to post or transmit through BLENDER Websites any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory,  invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous,  pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. 

 

You may not impersonate another user, use another user’s BLENDER ID, permit someone else to use your BLENDER ID, attempt to capture or guess other users’ passwords, forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content you transmit, conduct fraudulent business operations or practices, or promote or conceal unlawful conduct. 

 

You may not engage in any activity on BLENDER Websites which restrict or inhibit any other user from using or enjoying BLENDER Websites by “hacking,” “cracking,” “spoofing,” or defacing any portions of  BLENDER Websites. You may not use BLENDER Websites to stalk or harass another person or entity. 

 

You may not post or transmit through BLENDER Websites advertising or commercial solicitations;  promotional materials relating to website or online services which are competitive with BLENDER and/or  BLENDER Websites; software or other materials that contain viruses, worms, time bombs, Trojan horses,  or other harmful or disruptive components, political campaign materials; chain letters; mass mailings,  spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of BLENDER Websites or contents. You may not harvest or collect information  about website visitors without their express written consent. 

 

Disclaimer 

From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do  not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date  pages on this Web site, and confirm the accuracy and completeness of information before using it to  make decisions relating to services, products, or other matters described in this Web site. 

If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any  respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such  unenforceability does not materially affect the parties’ rights under this Terms of Use. 

 

Confidential Information 

BLENDER does not want to receive confidential or proprietary information from you through our Web  site. Please note that any information or material sent to BLENDER will be deemed NOT to be  confidential. By sending BLENDER any information or material, you grant BLENDER an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display,  perform, modify, create derivative works from, and otherwise freely use, those materials or information.  You also agree that BLENDER is free to use any ideas, concepts, know-how, or techniques that you send  us for any purpose. However, we will not release your name or otherwise publicize the fact that you  submitted materials or other information to us unless: (a) we obtain your permission to use your name;  or (b) we first notify you that the materials or other information you submit to a particular part of this  site will be published or otherwise used with your name on it; or (c) we are required to do so by law.  Personally-identifiable information that you submit to BLENDER for the purpose of receiving products or  services will be handled in accordance with our privacy policies. Please see “Privacy” on this website for  information regarding BLENDER’s privacy policies. 

 

Global availability 

Information BLENDER publishes on the Internet may contain references or cross references to BLENDER products, programs and services that are not announced or available in your country. Such references  do not imply that BLENDER intends to announce or make available such products, programs, or services  in your country. Please consult your local BLENDER business contact for information regarding the  products, programs, and services that may be available to you. 

 

Business relationships 

This Web site may provide links or references to non-BLENDER Web sites and resources. BLENDER makes no representations, warranties, or other commitments or endorsements whatsoever about any  non-BLENDER Web sites or third-party resources that may be referenced, accessible from, or linked to  any BLENDER site. In addition, BLENDER is not a party to or responsible for any transactions you may  enter into with third parties, even if you learn of such parties (or use a link to such parties) from a  BLENDER site. When you access a non-BLENDER Web site, even one that may contain the BLENDER-logo,  please understand that it is independent from BLENDER, and that BLENDER does not control the content  on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan  horses, and other potentially destructive programs, and to protect your information. 

 

Linking to this site 

BLENDER consents only to links to this Web site in which the link and the pages that are activated by the  link do not: (a) create frames around any page on this Web site or use other techniques that alter in any  way the visual presentation or appearance of any content within this site; (b) misrepresent your  relationship with BLENDER; (c) imply that BLENDER approves or endorses you, your Web site, or your  service or product offerings; and (d) present false or misleading impressions about BLENDER or  otherwise damage the goodwill associated with the BLENDER name or trademarks. As a further  condition to being permitted to link to this site, you agree that BLENDER may at any time, in its sole  discretion, terminate permission to link to this Web site. In such event, you agree to immediately  remove all links to this Web site and to cease any related use of BLENDER trademarks. 

 

DISCLAIMER OF WARRANTY 

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE,  PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES  WHATSOEVER. BLENDER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS,  INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY  RIGHTS. WITHOUT LIMITATION, BLENDER MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE  WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 

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YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS,  INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT  YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES  THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME  JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT  APPLY TO YOU. 

 

LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLENDER BE LIABLE TO  ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL  DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF  THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS  WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION,  PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS  INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BLENDER IS  EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF  LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR  ANY OTHER LEGAL THEORIES. 

 

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES 

It is the policy of BLENDER to respect the intellectual property of others and thus to respond to effective  notices of alleged infringement of copyrighted material where (i) the copyrighted material is available  at, or from, a system or network controlled or operated by or for BLENDER or where (ii) BLENDER, by  providing or using an information location tool, such as a directory, index, reference, pointer, or  hypertext link, refers or links a third party to a site that contains the copyrighted material. 

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If you are alleging that copyrighted material may have been or is being infringed, then you may notify  BLENDER, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital  Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such  notice must include the following to be effective: 

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1. A physical or electronic signature of a person authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed; 

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2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted  works at a single online site are covered by a single notification, a representative list of such  works at that site;

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3. Identification of the material that is claimed to be infringing or to be the subject of infringing  activity and that is to be removed or access to which is to be disabled, and information  reasonably sufficient to permit BLENDER to locate the material; 

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4. Information reasonably sufficient to permit IBM to contact you such as an address, telephone  number, and, if available, an electronic mail address at which you may be contacted; 

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5. A statement that you have a good faith belief that use of the material in the manner complained  of is not authorized by the copyright owner, its agent, or the law; and 

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6. A statement that the information in the notification is accurate and, under penalty of perjury,  that you are authorized to act on behalf of the owner of an exclusive right that is allegedly  infringed. 

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Counter Notices 

If material that you have posted to a system or network controlled or operated by or for BLENDER has  been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective,  the counter notice must be a written communication sent to the address listed below that includes the  following: 

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1. A physical or electronic signature of the subscriber; 

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2. Identification of the material that has been removed or to which access has been disabled and  the location at which the material appeared before it was removed or access to it was disabled; 

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3. A statement under penalty of perjury that you have a good faith belief that the material was  removed or disabled as a result of mistake or misidentification of the material to be removed or  disabled; and 

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4. Your name, address, and telephone number, and a statement that you consent to the  jurisdiction of Federal District Court for the judicial district in which the address is located or, if  your address is outside of the United States, for any judicial district in which BLENDER may be  found, and that you will accept service of process from the person who provided notification  under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person. 

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DESIGNATED AGENT FOR ALL BLENDER NOTICES, INCLUDING COUNTER NOTICES

 

All written notices should be sent to the following Designated Agent: 

Designated Agent: BlenderPass Agent 

Address: BlenderPass, 1201 North Federal Highway Box 4589, Fort Lauderdale, FL 33304 Email address: BPAgent@blenderpass.com