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Terms of Service

  1. Your Agreement to these Terms of Service
    PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Density Blaster, LLC. (collectively with its affiliates, “Density Blaster” or “We”) consisting of the website available at https://DensityBlaster.com, and its network of websites, software applications, or any other products or services offered by Density Blaster (the “Services”). Other services offered by Density Blaster may be subject to separate terms.
    When using the Density Blaster Services, you will be subject to Density Blaster’s additional guidelines or rules that are posted on the Density Blaster Services, made available to you, or disclosed to you in connection with specific services and features. Density Blaster may also offer certain paid services, which are subject to additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are incorporated into these Terms of Service by reference.
    The Terms of Service apply whether you are a user that registers an account with the Density Blaster Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Density Blaster Services, you are entering into a legally binding agreement between you and Density Blaster regarding your use of the Density Blaster Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Density Blaster Services.
    When using Density Blaster or opening an account with Density Blaster on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
  2. Use of Density Blaster by Minors and Blocked Persons
    The Density Blaster Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Density Blaster Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
    The Density Blaster Services are also not available to any users previously removed from the Density Blaster Services by Density Blaster or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
    BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE Density Blaster SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE Density Blaster SERVICES.
  3. Privacy Policy
    Your privacy is important to Density Blaster. Please see our Privacy Policy or information relating to how we collect, use, and disclose your personal information.
  4. Account
    a. Account and Password
    In order to open an account, you will be asked to provide us with certain information such as an account name and password.
    You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Density Blaster upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
    Unless expressly permitted in writing by Density Blaster, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Density Blaster reserves all available legal rights and remedies to prevent unauthorized use of the Density Blaster Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
    b. Third-Party Accounts
    Density Blaster may permit you to register for and log on to the Density Blaster Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy policy. Further information about how Density Blaster collects, uses, and discloses your personal information when you link your Density Blaster account with your account on any third-party service can be found in our Privacy Policy .
  5. Use of Devices and Services
    Access to the Density Blaster Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Density Blaster Services.
  6. Modification of these Terms of Service
    Density Blaster may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Density Blaster Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms. To the extent you have purchased a subscription to the Service, the modified terms will be effective as to such subscription Service upon your next subscription renewal. In this case, if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. In all other cases, any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
  7. License
    The Density Blaster Services are owned and operated by Density Blaster. Unless otherwise indicated, all content, information, and other materials on the Density Blaster Services (excluding User Content, set out in Section 8 below), including, without limitation, Density Blaster’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Density Blaster or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Density Blaster, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Density Blaster Services for your personal use or internal business use only.
    Density Blaster reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Density Blaster Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Density Blaster Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Density Blaster Services, the Materials, or any information contained in them, except as expressly permitted on the Density Blaster Services; (f) accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server or any other computer system; (g) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (h) attempting to interfere with the function of the Site, the Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (i) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (j) transmitting, importing, uploading, or incorporating any financial or medical information of any nature, or any sensitive personal information (e.g., Social Security numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, credit card numbers, passwords and security credentials). Violations of the Site’s, the Service’s or Density Blaster’s system or network security may result in civil or criminal liability; (k) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service (“Software”); (l) modify, translate, or create derivative works based on the Service or Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or Software; (m) use or access the Service to build or support, and/or assist a third party in building or supporting, products or services competitive to Density Blaster; (n) remove any proprietary notices or labels from the Service or Software; or (o) otherwise use the Service or Software outside of the scope of the rights expressly granted herein. You agree to use the Service and Software only for your own internal business operations, and not to transfer, distribute, sell, republish, resell, lease, sublease, license, sub-license or assign the Service or use the Service for the operation of a service bureau or timesharing service; or (p) any use of the Density Blaster Services or the Materials except for their intended purposes. Any use of the Density Blaster Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Density Blaster, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Density Blaster can terminate this license as set out in Section 15.
  8. Refunds
    Upgrading and Downgrading: Refunds are processed according to our fair refund policy. Any upgrade or downgrade in your Service use will result in the new Fees being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features or capacity of your User Account. Density Blaster does not accept any liability for such loss. Design and build costs and on-boarding costs are non-refundable.
  9. Cancellation and Termination by You
    You are solely responsible for properly canceling your User Account. An email or phone request to cancel your User Account is not considered cancellation. You can cancel your Density Blaster account anytime from the My Account page in your contractor dashboard.
  10. User Content
    Density Blaster allows you to distribute pre-recorded audio-visual works; services and packages, such as but not limited to lawn care services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, images, applications, code, or other data or materials on the Density Blaster Services (“User Content”).
    a. License to Density Blaster
    (i) Unless otherwise agreed to in a written agreement between you and Density Blaster that was signed by an authorized representative of Density Blaster, if you submit, transmit, display, perform, post, or store User Content using the Density Blaster Services, you grant Density Blaster and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Density Blaster Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Density Blaster and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
    (ii) With respect to pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Density Blaster Services, or generally by closing your account, except:(a) to the extent you shared it with others as part of the Density Blaster Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Density Blaster used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
    b.User Content Representations and Warranties
    You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or any confidential information of Density Blaster or third parties. Density Blaster reserves all rights and remedies against any users who breach these representations and warranties.
    c.Content is Uploaded at Your Own Risk
    Density Blaster uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Density Blaster does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Density Blaster shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Density Blaster for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY DensityBlaster HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
    d.Promotions
    Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Density Blaster Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Density Blaster has the right to remove your Promotion from the Density Blaster Services if Density Blaster reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (3) Density Blaster is not responsible for and does not endorse or support any such Promotions. You may not indicate that Density Blaster is a sponsor or co-sponsor of the Promotion; and (4) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Density Blaster does not sponsor or endorse this promotion and is not responsible for it.”.
    e. Endorsements/Testimonials
    You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising , the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Density Blaster Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Density Blaster Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Density Blaster, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Density Blaster Services.
    f. Political Activity
    Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
    You agree not to solicit the use of or use any Density Blaster monetization tool (e.g., Density Blaster Tokens or subscriptions) for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any Density Blaster monetization tool in any capacity to raise money for a political campaign.
  11. Prohibited Conduct
    YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Density Blaster Services.
    You agree that you will comply with these Terms of Service and Density Blaster’s Community Guidelines and will not:
    i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
    ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Density Blaster Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Density Blaster Services; or perform any other similar fraudulent activity;
    iii. send junk mail or spam to users of the Density Blaster Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
    iv. harvest or collect email addresses or other contact information of other users from the Density Blaster Services;
    v. defame, harass, abuse, threaten, or defraud users of the Density Blaster Services, or collect or attempt to collect, personal information about users or third parties without their consent;
    vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Density Blaster Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Density Blaster Services, (c) features that enforce limitations on the use of the Density Blaster Services or User Content, or (d) the copyright or other proprietary rights notices on the Density Blaster Services or User Content;
    vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Density Blaster Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
    viii. modify, adapt, translate, or create derivative works based upon the Density Blaster Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    ix. interfere with or damage the operation of the Density Blaster Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
    x. relay email from a third party’s mail servers without the permission of that third party;
    xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Density Blaster, including but not limited to the Density Blaster Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Density Blaster may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Density Blaster, including but not limited to the Density Blaster Services;
    xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Density Blaster Services;
    xiii. interfere with or disrupt the Density Blaster Services or servers or networks connected to the Density Blaster Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Density Blaster Services; use the Density Blaster Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Density Blaster Services, or that could damage, disable, overburden, or impair the functioning of the Density Blaster Services in any manner;
    xiv. use or attempt to use another user’s account without authorization from that user and Density Blaster;
    xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Density Blaster Services that you are not authorized to access;
    xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
    xvii. use the Density Blaster Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
    To the extent permitted by applicable law, Density Blaster takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Density Blaster liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Density Blaster Services. Your use of the Density Blaster Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Density Blaster Services will not contain any content that is prohibited by such rules.
    Density Blaster is not liable for any statements or representations included in User Content. Density Blaster does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Density Blaster expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Density Blaster reserves the right to remove, screen, or edit any User Content posted or stored on the Density Blaster Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Density Blaster Services at your sole cost and expense. Any use of the Density Blaster Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Density Blaster Services.
  12. Respecting Copyright
    Density Blaster respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Density Blaster Services infringes upon your copyright, please submit your request with sufficient detail including as much information as necessary for Density Blaster to identify and evaluate your request to hello@DensityBlaster.com Attn: Legal, or Density Blaster, LLC., Attn: Legal, 1804 Camas Dr. Austin, Texas 78728. All requests must include the information you may have that will help us identify the relevant records (particularly, the Density Blaster Service at issue, e.g., DensityBlaster.com, and the username at issue), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.
  13. Trademarks
    Density Blaster, the Density Blaster logos, and any other product or service name, logo, or slogan used by Density Blaster, and the look and feel of the Density Blaster Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Density Blaster, and may not be used in whole or in part in connection with any product or service that is not Density Blaster’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Density Blaster, without our prior written permission. Any use of these trademarks must be in accordance with all applicable laws.
    All other trademarks referenced in the Density Blaster Services are the property of their respective owners. Reference on the Density Blaster Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
  14. Third-Party Content
    In addition to the User Content, Density Blaster may provide other third-party content on the Density Blaster Services (collectively, the “Third-Party Content”). Density Blaster does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Density Blaster Services.
    You are responsible for deciding if you want to access or use third-party websites or applications that link from the Density Blaster Services (the “Reference Sites”). Density Blaster does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Density Blaster Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
  15. Idea Submission
    By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Density Blaster or its employees, you acknowledge and agree that Density Blaster shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
  16. Termination
    To the fullest extent permitted by applicable law, Density Blaster reserves the right, without notice and in our sole discretion, to terminate your license to use the Density Blaster Services (including to post User Content) and to block or prevent your future access to and use of the Density Blaster Services, including where we reasonably consider that: (a) your use of the Density Blaster Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Density Blaster Services; or (c) we are unable to continue providing the Density Blaster Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Density Blaster Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Density Blaster in operating the Density Blaster Services, or (iv) any content or information transmitted through the Density Blaster Services, is to terminate your account and to discontinue use of any and all parts of the Density Blaster Services. We will not refund or reimburse you if we terminate your User Account for cause, including but not limited to a violation of these Terms of Service. Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
  17. Disputes
    a. Indemnification
    To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Density Blaster, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Density Blaster Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Density Blaster Services, any User Content you post, store, or otherwise transmit in or through the Density Blaster Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Density Blaster Parties of any third-party claim, and Density Blaster reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Density Blaster, and you agree to cooperate with Density Blaster’s defense of these claims. Density Blaster will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
    b. Disclaimers; No Warranties
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE Density Blaster SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY Density Blaster; (B) THE Density Blaster PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE Density Blaster SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) Density Blaster DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE Density Blaster SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) Density Blaster IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE Density Blaster ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE Density Blaster SERVICES SAFE,Density Blaster CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE Density Blaster SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Density Blaster OR THROUGH THE Density Blaster SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
    c. Limitation of Liability and Damages
    i. Limitation of Liability
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL Density Blaster OR THE Density Blaster PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE Density Blaster SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM Density Blaster, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Density Blaster’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Density Blaster, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Density Blaster SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Density Blaster SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, Density Blaster SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
    ii. Reference Sites
    THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Density Blaster AND RECEIVED THROUGH OR ADVERTISED ON THE Density Blaster SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
    iii. Basis of the Bargain
    YOU ACKNOWLEDGE AND AGREE THAT Density Blaster HAS OFFERED THE Density Blaster SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Density Blaster, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Density Blaster. Density Blaster WOULD NOT BE ABLE TO PROVIDE THE Density Blaster SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
    d.Applicable Law and Venue
    i. To the fullest extent permitted by applicable law, you and Density Blaster agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
    PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Density Blaster AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Density Blaster.
    You and Density Blaster agree to arbitrate any dispute arising from these Terms of Service or your use of the Density Blaster Services, except that you and Density Blaster are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Density Blaster agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Density Blaster shall be sent to: Density Blaster, LLC., Attn: Legal, 1804 Camas Dr. Austin, Texas 78728. You and Density Blaster further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Travis County, Texas; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Travis County, Texas, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Density Blaster will not commence against the other a class action, class arbitration, or other representative action or proceeding.
    ii. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil courts within your jurisdiction of residence.
    e. Claims
    YOU AND Density Blaster AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Density Blaster SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  18. Miscellaneous
    i. Waiver
    If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
    ii. Severability
    If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
    iii. Assignment
    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Density Blaster without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
    iv. Survival
    Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.
    v. Entire Agreement
    The Terms of Service, which incorporate the Terms of Sale and the Community Guidelines, is the entire agreement between you and Density Blaster relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Density Blaster as set forth in Section 6 above.
  19. Requests for Information and How to Serve a Subpoena
    All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process, and must be properly served on Density Blaster at Density Blaster, LLC. Atten: Legal, 1804 Camas Dr. Austin, Texas 78728.
    Please note that Density Blaster does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Density Blaster Service at issue, e.g., Density Blaster.com, and the username at issue), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.
    The Density Blaster Services are offered by Density Blaster, LLC., and can be reached by email at hello@DensityBlaster.com.