Terms of Use

Date of Last Revision April 22, 2019

Welcome to Bluprint! Bluprint’s products and services are made available to you by Sympoz LLC d/b/a Bluprint, which is owned by Comcast Corporation, and its affiliated companies (including successors assigns, "Bluprint", "we", "us" or "our") and/or third parties. These Terms of Use (including any future modifications, the “Terms”) apply to all of our websites, software, applications, content, games, interactive TV, or other products and online services which include these Terms or a link to these Terms (including all content therein, the “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING DISCLAIMERS OF WARRANTIES, MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using any of the Services you agree to these Terms. If you do not agree to these Terms, please do not access or use the Services.

Contents

1. Terms and Modifications
2. Eligibility, Registration and Accounts
3. The Services; Consent to Electronic Communications
4. Our License to You
5. Restrictions/Limitations on Our License to You
6. Paid Subscriptions and Credits
7. Damage Goods; Refunds
8. Bluprint Marketplace
9. Wireless Features; Social Media Plug-Ins
10. Prohibited Actions
11. User Submissions
12. No Responsibility for Merchants and Advertising
13. No Advice; No Results Guaranteed
14. Third Party Devices and Charges
15. Testing and Monitoring; Investigations
16. Disclaimer of Warranties; Exclusions and Limitations of Liability
17. Indemnification
18. Infringement Policy
19. License to Link to the Services
20. Jurisdiction and Applicable Law
21. Export Control
22. Binding Arbitration of All Disputes. No Class Relief
23. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
24. Notice for California Users
25. Terms Applicable to Third Party Platform Providers
26. General

1. Terms and Modifications

These Terms are a contract between you and Bluprint. These Terms include our Privacy Policy , which is hereby incorporated by reference ("Privacy Policy"). Our Privacy Policy explains how we may collect, maintain and disclose data regarding you and others.

Additional terms may apply to your use of the Services, such as the Subscription Agreement in the instance of paid subscription services (“Additional Terms”). Such Additional Terms are hereby incorporated into these Terms by reference and will be posted on the applicable Service. Where any direct conflict exists between these Terms and any Additional Terms, the Additional Terms will control..

We may modify these Terms on a prospective basis at any time in our sole discretion. We will notify you of any modification via the Services. Your continued access or use of the Services after we post changes to these Terms, will be deemed as your acceptance of these Terms as modified.

2. Eligibility, Registration and Accounts

a. Eligibility. This Service is for users who are over the age of 13 and reside in the United States (including its territories and possessions) or those outside the United States that consent to use the Services in accordance with U.S. laws, these Terms and the Privacy Policy . You may not access or use the Services if you are barred from receiving them under these Terms or the laws of the United States or any other applicable jurisdiction. By accessing or using the Services, you warrant that you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise legally able to bind yourself to these Terms) or you have obtained permission from your parent or guardian and otherwise meet the eligibility criteria set forth above. Some Services may have specific age requirements and you may not access any age-restricted Services unless you are of the required age.

b. Registration Information. You may be required to register an account on the Services (your “Account”). You must provide correct, current and complete registration information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide, including contacting the parent or guardian of any users under the age of 18.

c. Account Information. You agree not to disclose to any third party, and are responsible for maintaining the confidentiality of, the user names or passwords you use to access the Services (“Passwords”) and are fully responsible for all activities that occur under your Passwords. Your account is personal to you and you may not transfer it to or share it with any other party. You agree to immediately notify us of any unauthorized use of your Passwords or other security breaches. We will not be liable for your losses caused by any unauthorized use of your account.

We have the right to suspend your account or change your user name for any reason, including due to a violation of these Terms.

3. The Services; Consent to Electronic Communications

a. Services. Users will interact with Bluprint’s instructors ("Instructors") and Bluprint’s teaching assistants ("Teaching Assistants") through the Services. These Instructors and Teaching Assistants are not our employees and we are not responsible for the content they provide through the Services.

Users may also participate in sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.

The Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the Services. We have the right to suspend or terminate access to the Services and your accounts on the Services, including due to a violation of these Terms.

b. Electronic Communications. By using the Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the Services and may include notices about your account (e.g., payment authorizations, changes in password or payment method, confirmation of e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

4. Our License to You

Subject to your compliance with these Terms and payment of any required fees (if applicable), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use. Our Services may include content and other materials supplied by Bluprint and third parties (“Content”). As between us and you, we own all rights in the Services and Content (subject to Section 7 Terms of Sale for Products by Bluprint). Nothing grants you any rights in the Services or Content except as set forth in these Terms, including applicable Additional Terms.

You may not copy, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, mobile device or any other device from which you access the Services, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

5. Restrictions/Limitations on Our License to You

The Content may not be available in all locations or at all times. You consent to us and our third party providers determining your geographic location for purposes of providing the Services. In the event that our technology does not accurately identify your location, you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.

Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.

Streaming Services may be subject to a maximum number of simultaneous streams (as may be measured across all Content available on or through the Services) at any time, regardless of the number of devices that we permit you to use with the applicable Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion. Some Content may be available for temporary download and offline viewing on certain supported devices (“Offline Content”). Limitations may apply to the Offline Content including how long the Offline Content will remain accessible and the maximum number of devices per account that can contain Offline Content.

6. Paid Subscriptions and Credits

We provide some of the Services to you free of charge, and other Services require payment. We may charge a fee for any portion of the Services. We will provide you with advance notice of all fees we charge and any changes to our fees. If you continue to use the Services after a fee has been imposed or increased, you agree to pay the fee or increase.

Some Services require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription may be automatically renewed and, except as otherwise stated in the applicable Subscription Agreement . Unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.

When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You must notify us of any changes to your payment information. We may use third party credit card updating services to obtain current expiration dates on credit cards.

If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the Services.

a. Digital Items. Purchases of online classes, discount vouchers/flash deals, points and any other virtual items available on the Services (collectively “Digital Items”) are non-refundable (except as otherwise stated herein), have no monetary or cash value (i.e., are not a cash account or equivalent), are not redeemable for cash, and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the specific Digital Item purchased. All Digital Items are our Content and you have no proprietary or monetary interest in Digital Items you have purchased. We may immediately suspend or terminate your rights to use Digital Items in our sole discretion without notice or liability if we believe you have violated our Terms of Use, Additional Terms, Subscription Agreement , or if you are located in an area that we do not support or service. We may establish redemption or purchasing limits on Digital Items such as expiration dates or maximum amounts. We may also modify Digital Items in our sole discretion at any time following purchase, and such modifications may make the Digital Items more or less valuable or functional. Unless otherwise provided of the laws of the jurisdiction where you reside, you agree that you are not entitled to a refund as a result of any modification, and we agree that you are not required to pay us any additional amounts.

You may not transfer, sell, purchase, barter, or trade Digital Items or attempt or offer to do so. Digital Items are not exchangeable for any other product or service from Bluprint except that any online class may be exchanged for any other online class. Any attempted transfer will be null and void. If we suspend or terminate your Digital Items due to a violation of these terms, you forfeit the right to use those Digital Items except as may be set forth in Additional Terms (such as refund policies that may apply to a subscription service). Except as may be set forth in Additional Terms or as required by applicable law, we are not responsible for repairing or replacing any modified, suspended or terminated Digital Items or for providing any credit, refund or other sum related to Digital Items.

b. Promotional Codes. Promotional codes for certain Services or Content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.

c. Trial Periods. We may provide a limited free trial period (“Trial Period”) to certain users regarding certain Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to Additional Terms including but not limited to the Subscription Agreement .

d. Purchase of Goods; Pricing. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes. PRODUCTS DISPLAYED MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME FOR ANY REASON. We are entitled to refuse any order if we determine that your purchase or your use of the Services violates our Terms of Use, any Additional Terms, or the scope of our license agreements with any third parties. If your order is accepted by Bluprint, we will confirm acceptance to you by e-mail to the e-mail address you have provided. You undertake that all details you provide to us for the purpose of purchasing goods from Bluprint will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.

7. Damaged Goods; Refunds

a. Damaged Goods. Bluprint will replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please go to Bluprint Help to give us a description of the problem with the goods and our customer service team will provide you with a prepaid return label and shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error.

b. Refunds. If you are not satisfied with goods purchased from Bluprint, you may return them to Bluprint within thirty (30) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, and with all paperwork including your packing slip to ensure full credit. Shipping costs will not be refunded unless the item is being returned because it is incorrect, damaged or defective. Bluprint reserves the right to refuse any returns if they do not meet our return requirements. Please go to Bluprint Help for shipping instructions.

THE RISK OF LOSS SHALL PASS TO YOU AS SOON AS YOUR ORDER IS DELIVERED TO THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS. Bluprint is not responsible for lost or stolen packages once your order has been delivered to the address you provided. It is your sole responsibility to provide a safe and correct delivery location that is accessible to common carriers. Refunds for lost or stolen packages will be at our sole discretion.

8. Marketplace Terms of Sale

As part of its Services, Bluprint offers a venue to allow users to offer, sell and buy certain goods from each other within a fixed-price format (the "Marketplace") acts as Bluprint is not directly involved in the transaction between sellers posting items in the Marketplace and buyers. BLUPRINT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE ITEMS LISTED OR SOLD IN THE MARKETPLACE, OR THE SELLERS OF SUCH ITEMS. ANY PURCHASES THROUGH THE MARKETPLACE ARE AT THE BUYER’S SOLE RISK.

a. No Guarantee. Bluprint has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Bluprint reserves the right to, but is not required to, pre-screen users or the information provided by users in offering, selling or buying goods in the Marketplace. Bluprint cannot ensure that a buyer or seller will actually complete a transaction, or that it has all rights, license or title legally required to enter into such transaction. Bluprint cannot guarantee the true identity, age or nationality of a user. Bluprint encourages you to communicate directly with potential transaction partners through the tools available on the Marketplace portal and to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Marketplace is a platform that facilitates transactions between third parties – Bluprint is not a manufacturer or a seller of such products and is not responsible or liable for any content, for example, data, text, information, designs, patterns, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Marketplace. Your interactions with users found on or through the Marketplace, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other users.

By listing an item for sale on the Marketplace you warrant that you and all aspects of the item comply with Bluprint's policies. You also warrant that you may legally sell the item, and have the rights to all intellectual property contained in each item. You must accurately describe your item and all terms of sale relating thereto. Each Marketplace listing you make must accurately and completely describe the item for sale in that listing. In respect of items that you list for sale, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions (including, but not limited to, all patent, trademark, trade secret, copyright or other proprietary rights) to sell such items; provided, however, that Bluprint is in no way responsible for checking the accuracy of such affirmation, representation and/or warranty. All sales of items listed on the Marketplace are binding. The seller is obligated to deliver the item electronically, ship the physical item or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased.

9. Wireless Features; Social Media Plug-ins

a. Wireless Features .The Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the Services, upload content to the Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.

If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the Services to notify us of any changes to your wireless contact information (including phone number).

b. Location-Based Features. If you use the Services through the Bluprint Mobile app or via a browser on a mobile device (“Mobile Apps”) and enable location-tracking, we may collect and process information about your actual location. Some Services and Mobile Apps may not function without access to location information. If GPS, geo-location or other location-based features on your device are enabled, your device location will be tracked and treated in accordance with our Privacy Policy . In addition our Mobile Apps may collect your device location information in order to provide requested location services and provide functions such as tagging or check-in at a location.

Some Mobile Apps or features allow you to disable location-based features or manage preferences related to them. You can also terminate device location tracking by us through Mobile Apps by uninstalling the applicable Mobile Apps. The location-based services offered in connection with our Mobile Apps or features are for individual use only and should not be used or relied on (i) as an emergency locator system, (ii) while operating a vehicle, (iii) in connection with any hazardous environments requiring fail-safe performance or (iv) in any other situation in which the failure or inaccuracy of the location-based services could lead to death, personal injury or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

10. Prohibited Actions

You may not make any uses of the Services except as specifically authorized by Bluprint in writing, and you may not use the Services in violation of any applicable laws or regulations. You may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use the Service for any business or commercial purposes or otherwise build a business based on any portion of the Services. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or tm) in the Services; (ii) any digital rights management, content protection or access control measure associated with the Services; or (iii) any advertisement on the Services. You may not use any software or services in connection with the Services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality. In no event shall any Content or User Content be used for any website, application or publication of any sort which is competitive with the Services. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Bluprint and/or the Services.

You may not insert any code into or manipulate the Services in any way except as explicitly authorized by us in writing. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the Services or any part thereof. You may not impose an unreasonable burden or load on the Services or their infrastructure.

You are responsible for your use of the Services and all materials you upload, post, transmit or otherwise distribute or facilitate the distribution on or through Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the Services:

· No Interference. You may not interfere with any other user’s ability to use or enjoy the Services.

· No Bullying. You may not threaten, abuse, harass or invade the privacy of any third party.

· No Blocking. You may not cover, remove, block or obscure any Content, advertisements or other portions of the Services.

· No Unlawful or Inappropriate Postings. You may not Upload any content or material that is nor may you engage in any behavior while using the Services that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate (including images of a sexual nature) or (iv) otherwise unlawful.

· No Viruses or Malicious Code. You may not Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the Services or any computer software, hardware or telecommunications equipment associated with the Services, or (ii) obtain unauthorized access to the Services or any data or other information of ours or of any third party.

· No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Services.

· No Cheating. You may not use any software or device that allows automated gameplay, expedited gameplay or other manipulation and you agree not to cheat or otherwise modify an Service or game experience to create an advantage for one user over another.

· No Advertising. Except as otherwise agreed between us and you in writing, you may not use the Services in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (e.g., offering products or services, conducting raffles or contests or displaying sponsorship banners) or (ii) that solicits funds, advertisers or sponsors, whether or not for profit.

· No SPAM. You may not Upload unsolicited bulk communications of any kind. For instance, you may not send “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (i.e., unsolicited emailing for business or other purposes).

· No Collection of Personal Information From Other Users and No Commercial Use. You may not solicit or collect information about other users of the Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.

· No Impersonation or Misrepresentation. You may not impersonate any other person or entity. You may not manipulate headers or identifiers to disguise you or the origin of your User Submission (as defined below). You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the Services in a manner that suggests an association with our products, services or brands except as agreed by us in writing.

· No Criminal or Unlawful Conduct. You may not use any portion of the Services for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.

· Offline Content. You may not use the Services in a manner so as to convert a substantial portion, in our discretion, of Content within the Services into Offline Content.

You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.

We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

11. User Content

a. Uploads and other Distributions. The Services may include forums and other opportunities for you and other users to Upload (as defined above) content and materials including but not limited to your participation in Courses, sweepstakes, contests and your interaction with Instructors, Teaching Assistants and other users (“User Submissions”). When you Upload any User Submissions, you acknowledge that such User Submissions are not confidential information, and you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Submission including Your Likeness (as defined below) in your User Submission, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you and without requiring your further review or approval. For instance, we and our partners may display advertising, promotions and other content in connection with your User Submission and you will not be entitled to review or approve of such uses, nor will you be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Submission, but are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Submission against us, our licensees, our representatives or other users. When you Upload any User Submission you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, social media usernames, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Submission as used or modified by us (“Your Likeness”).

When you Upload any User Submission, you represent and warrant that you own that User Submission and have obtained any necessary permissions required in order to grant us the rights described in this section. You agree to pay any monies owed to any party based on our and our licensee’s use of your User Submission.

b. Public Nature of the Services; Deletions. You acknowledge that you have no expectation of privacy or confidentiality with respect to any User Submission. While we may offer you the ability to Upload User Submissions anonymously, we may still store your account information.

If you Upload any User Submission, you may not be able to remove it from the Services. Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.

We also reserve the right to limit the storage capacity of your User Submission. You assume full responsibility for maintaining backup copies of your User Submission and we assume no responsibility for any loss of your User Submission, for instance, due to its removal by us.

c. No Responsibility for User Submissions; User Disputes. We are not responsible or liable for any User Submission . Each user is solely responsible for the claims, losses or damages relating to User Submission that he or she Uploads.

User Content may not reflect our views. We do not endorse any User Content that you or other users Upload and we may remove or refuse to post any User Content that, in our sole discretion, is objectionable or violates these Terms.

You are solely responsible for any interaction with other users of the Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Services.

d. Uploads Do Not Grant You Rights. Your User Submission will not be acknowledged or returned. You Upload any User Submission voluntarily and no confidential or fiduciary relationship exists between us or any other party and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Submission in any way.

e. Idea Submissions and Feedback. We do not accept unsolicited submissions for any media, products or services (collectively, “Ideas”). You understand and acknowledge that Bluprint employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Ideas, and we are not responsible for any similarity of Content or programming in any media to your Submissions.

12. No Responsibility for Merchants and Advertising

Your dealings with merchants found on or through the Services, including any payments or contractual terms, are solely between you and that merchant. We are not responsible for any loss or damage resulting from such dealings or from the presence of merchants on the Services. Additional terms may apply.

We take no responsibility for third party advertisements served on or through the Services or for any of the goods or services provided by our advertisers.

13. No Advice; No Results GuaranteedThe Services may offer, health, fitness, nutritional, and other instructional information. This information is provided for entertainment purposes only. The Services are not intended to provide medical advice and the information contained in any Content on the Services should not be construed as medical advice. You should not rely on nor does the Services replace professional medical advice, diagnosis or treatment or for any other professional advice of any kind (including without limitation legal or financial advice). We cannot guarantee any results or outcomes based on your use of the Services.

Do not ignore professional advice, or delay in seeking treatment because of anyone or any content on the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Bluprint does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk.

14. Third Party Devices and ChargesYou are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use of the Services, and you will be solely responsible for all charges related to them. By using the Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.

You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the Services. You are responsible for any charges incurred in obtaining access to the Services. Please check with your ISP for information on possible data usage charges.

You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third party terms of agreement, when using the Services. You acknowledge and agree that these third parties may prohibit or restrict certain Service features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of the Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.

a. Authentication. To the extent use of the Services, or certain features or services provided in the Service, may require authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (“MVPD Provider”), then the authentication process and any information you provide in therewith is strictly between you and your MVPD Provider, and Bluprint shall have no responsibility or liability with respect to such process. Any information you provide in connection with the authentication process shall be subject to the terms of use and privacy policies of your MVPD Provider, and Bluprint is not responsible for examining or evaluating the MVPD Provider, its terms and conditions or any aspect of the authentication process. To the extent you have any questions or concerns with respect to the authentication process or other matters that relate to your MVPD Provider, please contact them directly.

b. Third Party Services. For your convenience, the Services may include or provide links to websites, widgets, software or other utilities of other persons or entities (“Third-Party Services”) that may interact with the Services. Third-Party Services may import data related to your account and activity and otherwise gather data from you. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. THE INCLUSION ON THE SERVICE OF A LINK TO OR OTHER INTEGRATION WITH A THIRD-PARTY SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SERVICES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE THIRD PARTY SERVICES, INCLUDING IN RELATION TO YOUR PERSONAL INFORMATION, WILL BE GOVERNED BY THE AGREEMENTS, TERMS, AND PRIVACY POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SERVICES.

15. Testing and Monitoring; Investigations

We may, but are under no obligation to, continually test various aspects of the Services. By using the Services, you agree that we may include you or exclude you from these tests without notice.

We may, but are under no obligation to, monitor uses of the Services. For instance, we may monitor, remove, modify or take other actions to regulate User Submissions and communications sent on or through the Services. During monitoring, any information relating to any user or their activities on the Services may be examined, recorded, copied, used and disclosed in accordance with our Privacy Policy . We also may disclose any information posted on any portion of the Services as necessary to satisfy any law, regulation or governmental request.

We may, but have no obligation to, investigate, monitor or correct any User Content (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on User Content. You understand that when using the Services, you will be exposed to User Content from a variety of sources, and that Bluprint is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content.

We reserve the right to investigate suspected violations of these Terms. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. Nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the y Services or information provided to or gathered by us in connection with such use. BY USING OR ACCESSING THE SERVICES, YOU WAIVE AND HOLD HARMLESS ALL BLUPRINT PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY BLUPRINT PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AN BLUPRINT PARTY OR LAW ENFORCEMENT AUTHORITIES.

16. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY

We make no warranties or representations as to Services (which, for purposes of this Section 15 only, shall include the Third Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise. We cannot and do not guarantee any outcomes from your use of the Services and disclaim any liability in the event that any injuries or damages to property result from your attempt to use the skills learned or activities presented through the Services.

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INSTRUCTORS, TEACHING ASSISTANTS AND LICENSORS (COLLECTIVELY, THE “ BLUPRINT PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC., OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE SERVICES, THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE \SERVICES.

NONE OF THE BLUPRINT PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF BLUPRINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE BLUPRINT PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE BLUPRINT PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMS OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.

IN NO EVENT WILL THE BLUPRINT PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO BLUPRINT IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE BLUPRINT PARTIES OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE BLUPRINT PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

17. Indemnification

You agree to defend, indemnify and hold harmless the Bluprint Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (a) any breach of these Terms by you; (b) from your User Submission, and/or content or materials Uploaded by any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the Services; and/or (d) any claim that your User Submission, and/or content or materials Uploaded by any other subscriber or user of your account caused damage to a third party.

18. Infringement Policy

We respect the intellectual property of others, and we ask our users to do the same. The Services, including the Content and other materials incorporated by us in the Services (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others.

We, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserve the right, but without obligation, to terminate your license to use the Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content is infringes your intellectual property rights please send a written notice to the agent identified below to request a review of the alleged infringement:

By mail:
DMCA Agent
NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
212-664-4444
By e-mail: dmca.agent@nbcuni.com

In addition, any written notice regarding any infringing activity (whether of a copyright, patent, trademark or other proprietary right) must include the following information:

· Your name, address, telephone number, and e-mail address;

· A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;

· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;

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

· 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 or other proprietary right owner, its agent, or the law; and

· A statement that the information in the notice 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 or on behalf of the person defamed.

19. License to Link to the Services

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the Services, (c) the link must open in a new window and link to the full version of applicable Services; and (d) the links and the content on Your Service do not portray us or our affiliates or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.

20. Jurisdiction and Applicable Law

The Services are controlled and offered by Bluprint from its facilities in the United States. We make no representation or warranty that the Content or Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk, and you acknowledge that the laws of the State of New York and the United States may not be as protective of you as those of your home jurisdiction.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

21. Export Control

You hereby represent and warrant that (A) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (B) you are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You may not access or use any Services in violation of United States export control and economic sanctions requirements. Software in or from the Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws.

22. Binding Arbitration of All Disputes. No Class Relief.

This Section 22 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Section 22 satisfies the “writing” requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 23 shall apply to all relevant disputes between you and us.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships related to your use of the Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction or transaction (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and confidential binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 22 provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 22 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:

a. Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”);

b. Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Section 22 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;

c. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

d. Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

e. No Class Relief. The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

f. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

g. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

h. Reasonable Attorney’s Fees. In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees;

i. Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and Section 22;

j. Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from NBCUniversal Transactions and Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Transactions or Relationships;

k. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, and subject to Section 23, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding; and

l. Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.

23. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law

This Section 23 applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with Section 22.

a. Section 23 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Section 23 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 23 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 23(a). Your notice to us must be sent to:

By mail:
NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: dmca.agent@nbcuni.com

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Section 23 Dispute, though nothing will require either you or us to resolve the Section 23 Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.

b. Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 23 Dispute.

c. Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Section 23 Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.

d. Injunctive Relief. The foregoing provisions of this Section 23 will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, your User Content and/or our intellectual property rights (including such as we may claim may be in dispute), our operations, and/or our products or services.

24. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

25. Terms Applicable to Third Party Platform Providers

If you access or download the Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third party app store or platform (each a “Third Party Platform Provider”), such Third Party Platform Providers, shall be third-party beneficiaries to these Terms. However, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the Services. Bluprint, not such Third Party Platform Providers, is solely responsible for the Services. Your access to the Services using the Third Party Platform Providers’ app stores or platforms are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service.

In the case of any Bluprint applications accessed or downloaded via the Apple app store or platform, if such application fails to conform to any applicable warranty in these Terms, then you may notify Apple and Apple will refund to you the purchase price (if any) of the application. Bluprint, not Apple, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including, but not limited to: (a) product liability claims; (b) any claims that such application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, Bluprint, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

In the case of any Bluprint applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a Bluprint application, such claim must be brought by you as an individual and not as a member of a class.

26. General

a. Applicable law. These Terms, any Additional Terms and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. The Convention on Contracts for the International Sale of Goods does not apply to your access or use of the Services or these Terms.

b. Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

c. No Waiver. No failure or delay by us in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

d. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

e. Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms, or other Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

f. Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.

g. This is the Entire Agreement. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.

h. Assignment. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any such assignment shall be void and invalid at the outset.

i. Survival. Sections 1, 5, 6 (excluding subsections (c) and (d)), 7, 8, 10-14, 16-20, 22, and 23 of these Terms and any other terms that by their nature survive these Terms shall survive any termination of these Terms.

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