Terms of Use
Last Revised: Dec, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY. DOWNLOADING, INSTALLING, ACCESSING OR USING THIS DANCING BLENDER MOBILE APPLICATION (THE “APPLICATION” CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”). THE TERMS OF USE MAY BE REVISED BY THE DANCING BLENDER FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND THE DANCING BLENDER GOVERNING THE USE OF THE APPLICATION. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY. This agreement contains disclaimers and other provisions that limit our liability to USER.
ELIGIBILITY
The Application is not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE APPLICATION. If the USER is between the ages of 13 and 18, he or she may only use the Application under the supervision of a parent or legal guardian who agrees to be bound by these TERMS of USE. USER represents and warrants that (a) he/she is not located outside of the United States. This Application is made specifically for USERS within the United States.
In order to use certain functions of our Application, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify The Dancing Blender if you discover or otherwise suspect any security breaches relating to the Application; (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access; (g) do not user the Application while driving.
APPLE TERMS AND CONDITIONS; THE DANCING BLENDER POLICIES
These terms supplement and incorporate (a) the Apple Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other Dancing Blender policies that may be posted from time to time at The Dancing Blender website (www.thedancingblender.com). If any of the provisions of the Apple Terms and Conditions or other applicable Dancing Blender policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application. The Dancing Blender, not Apple, is solely responsible for the Application and the content thereof.
USER LICENSE
Subject to the these Terms, The Dancing Blender grants the USER a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an iOS product (a “Device”) owned or controlled by the USER as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. These terms and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
THE DANCING BLENDER REWARDS PROGRAM
The Dancing Blender may allow you to purchase a rewards card or register for its Rewards program through the Application. If so, please refer to the Terms & Conditions for that program for more information about the terms, conditions and policies that apply to your purchase and use of The Dancing Blender Rewards card.
PAY BY PHONE
USERS who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the USER to use a Device to purchase The Dancing Blender products in the same manner as it is with a Rewards Card or in the Dancing Blender Store. The Dancing Blender reserves the right at any time to discontinue Pay By Phone.
PUSH NOTIFICATIONS
Upon download of this Application, the USER is provided the option to opt into receive Push Notifications from The Dancing Blender on their Device and within the Application. This may include promotional communications and system messages pushed to the Device or within the Application mailbox (“Push Notifications”). The USER may, at any time following download of this Application, opt out of receiving Push Notifications by adjusting “The Dancing Blender Notifications” button within the Application by swiping the setting to “off” or within the Device’s settings application under “Notifications” to completely opt out of Push Notifications.
ACCEPTABLE USE:
USER’S use of the Application, any Content, and any information provided by the USER including user names and passwords, e-mail addresses, phone number, financial information (such as credit card numbers), information related to The Dancing Blender Reward Card, employer name, or GPS location (“USER Information”) transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access The Dancing Blender or Content that is not authorized by The Dancing Blender; (d) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access The Dancing Blender or Content; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment ; (f) attempts to gain unauthorized access to The Dancing Blender network or user accounts; (g) encourages in conduct that would constitute a criminal offense or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden or impair The Dancing Blender servers or networks; (j) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (k) fails to comply with applicable third party terms (collectively “Acceptable Use”). The Dancing Blender reserves the right, in its sole discretion, to terminate any USER License, terminate any USER’s participation in Pay by Phone that The Dancing Blender reasonably believes is or might be in violation of these Terms, Apple Terms or The Dancing Blender polices including the Reward Program terms and conditions. The Dancing Blender’s failure or delay in taking such action does not constitute waiver of its rights to enforce these Terms.
INDEMNIFICATION
The USER agrees to defend, indemnify, and hold harmless The Dancing Blender, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorney’s fees) that arise from or relate to the USER’s use or misuse of the Application (including Pay by Phone), violation of these Terms, or violation of any rights of a third party, The Dancing Blender reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the USER, in which event the USER will cooperate in asserting any available defenses. In the event of any third party claim that the Application or USER’s possession and use of the Application infringes that third party’s intellectual property right, The Dancing Blender, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
WARRANTIES; DISCLAIMERS
THIS APPLICATION IS BEING PROVIDED BY THE DANCING BLENDER TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT OF THE LAW, THE DANCING BLENDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPPLICATION IS MECHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION OR PAY BY PHONE ORDERS TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT PAY BY PHONE ORDERS WILL BE AS PLACED, OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ORDERED ITEM WILL BE AVAILABLE.
In the event of any failure of the Application to conform to any applicable warranty, USER may notify Apple, and Apple will refund the purchase price if such Application had a purchase price for the USER and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses liabilities, damages, costs or expenses.
NO LIABILITY
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE DANCING BLENER BE LIABLE TO THE USER WITH RESPECT TO (A) USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION THE PAY BY PHONE, AND (B) INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN THE PAY BY PHONE.
MARKS, APPLICATION AND CONTENT
The Dancing Blender logo, trademarks, service marks, graphics and other content used in connection with the Application are trademarks of The Dancing Blender. Other marks may belong to third parties and may belong to their respective owners. The Dancing Blender marks and other third party marks may not be copied, imitated or used in whole or in part without the prior written permission of The Dancing Blender or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret and other proprietary rights and also may have security components that protect digital information only as authorized by The Dancing Blender or the owner of the Content.
GOVERNING LAW AND JURISDICTION
These terms and use of the Application are governed by the laws of the State of new Jersey, United States of America, without regards to conflict of law rules.
CHANGES
The Dancing Blender reserves the right to change or modify these Terms or any other Dancing Blender polices related to the use of the Application at any time and its sole discretion by changing these Terms within the Application or by posting revisions on the Dancing Blender website. Continued use of the Application following such changes or modifications to the Terms or other Dancing Blender policies will constitute acceptance of such changes or modifications.
CONTACT
Any questions, complaints, or claims regarding the Application should be directed to:
The Dancing Blender, Inc.
121 South Orange Ave,
South Orange, NJ 07079
Phone: 973-821-5707
