BLĀST MOBILE APPLICATION TERMS OF SERVICE

By using this BLĀST Mobile Application (the "Application"), you agree to be bound by this Terms of Services (the "TOS”).  If you do not agree to the TOS, please do not use the Application.  This is an agreement between you and BLĀST, and not with Apple.  Apple is not responsible for this Application and the content thereof.  Certain features of this Application may require you to be a BLĀST member or to provide personal information as part of a registration process.

Your use of these features and this Application are also subject to the BLĀST Privacy Policy applicable in the territory in which you reside.  BLĀST reserves the right, at its sole discretion, to modify or replace any of the TOS or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Application following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Application. You may contact BLĀST at support@viablast.co.

TOS BUYERS
TOS ORGANIZERS


Application Use. BLĀST grants you the right to use this Application only for your personal use as a Buyer or other Non-Organizer on a mobile device that you own or control and as permitted by the Usage Rules set forth in the App Store TOS and these TOS.  You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any BLĀST site in any way or interfere with any party's use or enjoyment of any BLĀST site.  You must use the Application in compliance with all applicable laws.  You must comply with applicable third party TOS of agreement when using this Application (e.g. your wireless data service agreement).  Your right to use this Application will terminate immediately if you violate any provision of this TOS of Use.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.


Certain Restrictions. Whether you are using the Application as a Buyer or other non-Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Application, including to Organizers, Buyers and other non-Organizers. You agree not to use the Application to:


Your Content. You hereby grant to BLĀST a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your content (“Your Content”), in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. BLĀST reserves the right to remove any of Your Content at any time if BLĀST believes in its sole discretion that it does not comply with this TOS. In addition, you agree that BLĀST may use your name and logo (whether or not you have made it available through the Application) for the purpose of identifying you as an existing or past customer of BLĀST.


Certain Remedial Rights. Whether you are using the Application as a Buyer or other non-Organizer, you acknowledge that BLĀST does not pre-screen any Content provided or made available by you or any third party in connection with the Application, but that BLĀST and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of Your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Application at any time (with or without notice) for any reason or no reason. You acknowledge and agree that BLĀST may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of BLĀST, its users and/or the public. You understand that the technical processing and transmission of the Application, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.


Intellectual Property. BLĀST owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law (applicable in  jurisdictions recognizing unfair competition law), and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.  You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter BLĀST's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.  Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.


Refunds. It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Application or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. If the Organizer cannot be reached, Buyer may contact BLĀST. All communications or disputes regarding disputes, chargebacks or refunds are between the Organizer and Buyer. BLĀST will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Application although BLĀST may provide some communication or facilitation regarding authorization of refunds. If you are a Buyer and you wish to request a refund in connection with an event listed on the Application, you should contact the applicable Organizer directly. Refunds may involve deducting third party fees such as credit card fees.


Product Claims. Apple is not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.


Disclaimer of Warranties. BLĀST disclaims responsibility for any harm resulting from your use of this Application.  The Application and the service(s) accessed by it are provided "as is" and "as available".

BLĀST expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties.

BLĀST expressly disclaims to the fullest extent permitted by the law without limitation the warranties of merchantability and non-infringement of proprietary rights.

Within the U.S., and other jurisdictions recognizing the warranty of fitness for a particular purpose, BLĀST expressly disclaims to the fullest extent permitted by law without limitation any warranties regarding fitness for a particular purpose.

BLĀST expressly disclaims to the fullest extent permitted by law any warranties regarding the security, reliability, timeliness and performance of this Application.

You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.

In the event of any failure of this Application to conform to any applicable warranty, you may notify Apple, and Apple will  refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.  Update and other notification functionality in this Application may not occur in real time.  Such functionality is subject to delays beyond BLĀST's control, including without limitation, delays or latency due to your physical location or your wireless data service provider's network.


Limitation of Liability. BLĀST is not liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if BLĀST has been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages; (c) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third  parties); and  (d) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.  Nothing in these TOS of Use shall limit or exclude our liability for fraudulent misrepresentation, for the death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.


Compensation. If the country where you reside does not recognize the clauses or substance of the indemnification provisions, below, or such provisions are otherwise not enforceable by BLĀST, you agree that this compensation provision shall apply to you.  You will compensate BLĀST in full (and its parent companies, subsidiaries, joint ventures, shareholders, officers, directors, agents and employees) for any losses or costs, including without limitation reasonable legal fees we incur arising directly or indirectly from or exacerbated directly or indirectly by your conduct or in connection with your use of this Application, any alleged violation of the Mobile Privacy Policy and TOS of Use, and any alleged violation of any applicable law or regulation.  BLĀST reserves the right, at its own expense, to assume the exclusive defense and control of any claim or investigation brought by any third party, including without limitation, a regulator or law enforcement agency, subject to this compensation provision, but doing so will not excuse your compensation obligations.


Indemnification. You will indemnify and hold harmless BLĀST and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Application, any alleged violation of the Privacy Policy and TOS, and any alleged violation of any applicable law or regulation.  BLĀST reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.


Changes to this Application or TOS. BLĀST reserves the right to make changes to this Application or TOS from time to time.  Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users.  If you do not agree to any change, please uninstall and discontinue using the Application.  Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.


Service Modifications. BLĀST reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Application (or any part thereof) for any reason or no reason with or without notice. You agree that BLĀST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.


Miscellaneous Provisions Applicable to You. You are responsible for complying with trade regulations and both foreign and domestic laws.  You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting country and you are not listed on any US Government list of prohibited or restricted parties.  This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied  Party or Entity List; and (c) you will not export or re-export this Application to any prohibited country, person, end-user or entity specified by US Export Laws.

If any provision of these TOS of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. These TOS and the provision of the Application to you are governed by the laws of the state of California, U.S.A.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These TOS of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.


Contracting Parties. The contracting parties are you and BLAST Studios LLC.


Contracting Parties. Apple and Apple's subsidiaries are third party beneficiaries of this Privacy Policy and TOS of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these TOS of Use against you.


Application Use. BLĀST grants you the right to use this Application and any BLĀST website (“Site”) for your own use as permitted by the Usage Rules set forth in the App Store TOS and this TOS.  You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or Site or any information or software associated with this Application or Site; (b) rent, lease or otherwise transfer rights to this Application or Site; or (c) use this Application in any manner that could impair any BLĀST Application or site in any way or interfere with any party's use or enjoyment of any BLĀST Application or site.  You must use the Application and site in compliance with all applicable laws.  You must comply with applicable third party TOS of agreement when using this Application (e.g. your wireless data service agreement).  Your right to use this Application and Site will terminate immediately if you violate any provision of this TOS.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.


Certain Restrictions. When using the Application and Site as an Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Application, including to Organizers, Organizers and other non-Organizers. You agree not to use the Application or Site to:


Your Content. You acknowledge and agree that if you contribute, provide or make available any Content to the Application or Site ("Your Content"), you hereby grant to BLĀST a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. BLĀST reserves the right to remove any of Your Content from the Site at any time if BLĀST believes in its sole discretion that it does not comply with this TOS. In addition, you agree that BLĀST may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of BLĀST both on the Site and in marketing and promotional materials.


Certain Remedial Rights. When using the Application or Site as an Organizer, you acknowledge that BLĀST does not pre-screen any Content provided or made available by you or any third party in connection with the Application or SIte, but that BLĀST and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Application at any time (with or without notice) for any reason or no reason. You acknowledge and agree that BLĀST may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of BLĀST, its users and/or the public. You understand that the technical processing and transmission of the Application, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.


Intellectual Property. BLĀST owns, or is the licensee to, all right, title and interest in and to this Application and Site, including all rights under patent, copyright, trade secret, trademark, or unfair competition law (applicable in  jurisdictions recognizing unfair competition law), and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.  You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter BLĀST's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.  Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.


Payment. BLĀST works with a third party payment processor to facilitate the purchase and sale of tickets to events posted on BLĀST by Organizers. Typically, payments are processed within two to three days. BLĀST shall instruct that payments which have been processed are to be transferred to an Organizer within 24 hours of availability, subject to the Refund provisions herein.


BLĀST Fees. It is BLĀST’s current standard fee structure to retain 20% of the net fees (i.e., total revenue, less processing fees) generated by events organized on the Application. Unless alternative arrangements are made, this fee shall be earned and retained by BLĀST.


Refunds. It is the responsibility of the Organizer to communicate its refund policy to Buyers and to instruct BLĀST to issue refunds. If a Buyer communicates with BLĀST requesting a refund, UItracover will contact the Organizer and request information regarding the request. Organizer agrees to provide BLĀST with an accurate and complete account of the relevant and material facts related to any such refund request and will notify BLĀST in email whether it is authorizing BLĀST to refund the Buyer. Based on the information provided by an Organizer, BLĀST may, in its complete discretion, determine that all Buyers for an event are to be refunded and proceed with such refund. In such an event, BLĀST shall notify Organizer and provide Organizer 24 hours to reply if they disagree with the determination that a refund should be granted. If an Organizer disagrees with BLĀST’s determination, the dispute shall be resolved by an arbitrator selected by BLĀST and Organizer hereby agrees that the decision of said arbitrator shall be final and non-appealable.

BLĀST will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Application although BLĀST may provide some communication regarding authorization of refunds. All communications and disputes regarding chargebacks and refunds are between the Organizer and Organizer and BLĀST will not be responsible or liable in any way for chargebacks in connection with a Organizer's use of the Application. If you are an Organizer and you wish to request a refund in connection with an event listed on the Application, you should contact the applicable Organizer directly. Refunds may involve deducting third party fees such as credit card fees.


Product Claims. Apple is not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.


Disclaimer of Warranties. BLĀST disclaims responsibility for any harm resulting from your use of this Application.  The Application and the service(s) accessed by it are provided "as is" and "as available".

BLĀST expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties.

BLĀST expressly disclaims to the fullest extent permitted by the law without limitation the warranties of merchantability and non-infringement of proprietary rights.

Within the U.S., and other jurisdictions recognizing the warranty of fitness for a particular purpose, BLĀST expressly disclaims to the fullest extent permitted by law without limitation any warranties regarding fitness for a particular purpose.

BLĀST expressly disclaims to the fullest extent permitted by law any warranties regarding the security, reliability, timeliness and performance of this Application.

You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.

 In the event of any failure of this Application or Site to conform to any applicable warranty, you may notify Apple, and Apple will  refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.  Update and other notification functionality in this Application may not occur in real time.  Such functionality is subject to delays beyond BLĀST's control, including without limitation, delays or latency due to your physical location or your wireless data service provider's network.  


Limitation of Liability. BLĀST is not liable to you or any user for any use or misuse of this Application or Site. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if BLĀST has been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages; (c) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third  parties); and  (d) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.  Nothing in these TOS of Use shall limit or exclude our liability for fraudulent misrepresentation, for the death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.


Compensation. If the country where you reside does not recognize the clauses or substance of the indemnification provisions, below, or such provisions are otherwise not enforceable by BLĀST, you agree that this compensation provision shall apply to you.  You will compensate BLĀST in full (and its parent companies, subsidiaries, joint ventures, shareholders, officers, directors, agents and employees) for any losses or costs, including without limitation reasonable legal fees we incur arising directly or indirectly from or exacerbated directly or indirectly by your conduct or in connection with your use of this Application, any alleged violation of the Mobile Privacy Policy and TOS of Use, and any alleged violation of any applicable law or regulation.  BLĀST reserves the right, at its own expense, to assume the exclusive defense and control of any claim or investigation brought by any third party, including without limitation, a regulator or law enforcement agency, subject to this compensation provision, but doing so will not excuse your compensation obligations.


Indemnification. You will indemnify and hold harmless BLĀST and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Application, any alleged violation of the Mobile Privacy Policy and TOS, and any alleged violation of any applicable law or regulation.  BLĀST reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.


Changes to this Application or TOS. BLĀST reserves the right to make changes to this Application or TOS from time to time.  Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users.  If you do not agree to any change, please uninstall and discontinue using the Application.  Any use of this Application or Site after the thirty (30) day notice period constitutes your acceptance of any change.


Service Modifications. BLĀST reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Application or Site (or any part thereof) for any reason or no reason with or without notice. You agree that BLĀST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Site.


Miscellaneous Provisions Applicable to You. You are responsible for complying with trade regulations and both foreign and domestic laws.  You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting country and you are not listed on any US Government list of prohibited or restricted parties.  This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied  Party or Entity List; and (c) you will not export or re-export this Application to any prohibited country, person, end-user or entity specified by US Export Laws.

If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. These TOS and the provision of the Application to you are governed by the laws of the state of California, U.S.A. 50% of arbitration costs may be deducted from total revenue in determining net fees due to Organizer and prevailing party is entitled to reasonable attorney’s fees and costs.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These TOS set forth the entire understanding and agreement between us with respect to the subject matter hereof.


Contracting Parties. The contracting parties are you and BLAST Studios LLC.


Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of this Privacy Policy and TOS, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce this TOS against you.