TERMS OF USE
Welcome to Trailblazer Studios! Trailblazer Studios NC, Inc., its parent, subsidiary and affiliated companies ("Trailblazer") maintain this site (the "Site") for your personal entertainment, information and education. Please feel free to browse the Site. Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site. Trailblazer reserves the right, in its discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these Terms and Conditions will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained or displayed on the Site are the copyrighted property of Trailblazer or its subsidiaries or affiliated companies and/or third parties. All trademarks, service marks and trade names are proprietary to Trailblazer or its affiliates (unless otherwise noted). No material from the Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the Site. For purposes of these Terms and Conditions, the use of any such material on any other Web site or computer environment is prohibited. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), are licensed to you by us or third party licensors for your personal, non-commercial home use only. Trailblazer does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Trailblazer (or third party licensors) retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
SUBMISSIONS
We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our employees and staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork (unless specifically requested by us). If, despite our request, you send us creative suggestions, stories, screenplays, original artwork, ideas, notes, drawings, concepts, or other information (each a "Submission"), we will not read it other than to determine that it is an unsolicited Submission. The Submission may be returned to you together with our standard form of Submission Release. If you wish to have us review your Submission, please send it to us together with a signed Submission Release. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any disclosure of any Submissions. With respect to any Submissions that do not strictly comply with these provisions, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submission. Notwithstanding the foregoing, Trailblazer does not knowingly accept any submissions or information from children twelve years of age and under. If you are twelve years old or under, please do not submit any materials or information by any means.
CONTENT LINKED TO THE SITE
Please exercise discretion while browsing the Internet using the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may be links to other sites from pages on the Site that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding arrangement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. We reserve the right to disable links from third party sites to the Site. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the Site. Please keep in mind that whenever you give out personal information online—for example, via message boards or chat—that information can be collected and used by people you don't know. While Trailblazer strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
DISCLAIMER
THE MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Search and Directory functions (if provided) are free services offered by us. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
CREDIT CARDS
Trailblazer takes the issue of your privacy seriously. We may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information, please read our Privacy Policy. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.
SUBSCRIPTIONS/BILLING
In the future, some services offered on the Site may be subscription based services. If you open a subscription based account with our Site, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to you. We reserve the right to terminate any account at any time for any reason. Trailblazer agrees that it will terminate your account upon notice from you. If cancellation is received within the first 30 days of your signing up for a service, we will refund to you all subscription fees for that service, but you will still be obligated to pay any other charges incurred. If you cancel a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If you have a balance due on any Trailblazer account, you agree that Trailblazer is authorized to charge these unpaid fees to your credit card.
Please Note: Your subscription will be automatically renewed and your credit card account will be charged as follows:
- Every month for monthly subscriptions
- Upon every one (1) year anniversary for annual subscriptions
- Upon every six (6) months for six (6) month subscriptions
The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by Trailblazer. You will have forty-five (45) days after the date that any renewal fee is posted to your charge account to give notice that you wish to cancel your subscription. The subscription will be cancelled upon receipt of such notification and a credit will be posted to your charge account equal to the latest renewal fee charged. Your right to use any subscription service is subject to any limits established by Trailblazer or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Trailblazer reserves the right to either suspend or terminate your access and account, thereby terminating all obligations of Trailblazer hereunder. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Site), you agree to immediately notify Trailblazer of the problem to avoid possible liability for any unauthorized charges to your account.
INDEMNIFICATION
You hereby indemnify, defend and hold Trailblazer and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising from your use of the Site or any breach by you of these Terms and Conditions. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY THE SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials on the Site are presented solely for the purpose of promoting programs, films, services, and products available in the United States and its territories, possessions and protectorates. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software (if any) from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TERMINATION
These Terms and Conditions are effective until terminated by Trailblazer. We may terminate your access to the Site at any time immediately without notice from us. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms and Conditions or otherwise.
GENERAL PROVISIONS
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Site or these Terms and Conditions shall be filed only in the state or federal courts located in Wake County, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein.
NOTICES
We may give notice to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first class mail to a user's address in our records. |