Please read these Terms and Conditions (“Terms”) carefully before using the services provided by BLVD, LLC (“BLVD”). Your access to and use of the services is conditioned upon your acceptance and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the services.
By using or accessing the services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must immediately discontinue use of the services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
These Terms constitute a legal agreement and governs your use and access of all features, content, website, mobile applications, and all other services (collectively, the “Services”) provided by BLVD. Use of the Services constitutes your acceptance of these Terms. BLVD reserves the right to change these Terms at any time, without prior notice, which change shall take effect immediately upon posting, or such later date as may be specified in the notice of updated terms. You are responsible for reviewing and remaining up to date with changes to the Terms. Your continued use of the Services after changes are posted constitutes your acceptance of the Terms, as modified by the posted changes. If you object to any changes, your sole recourse shall be to stop using the Services.
BLVD provides users with various features and Services, all of which may be updated, deleted, or otherwise modified from time to time at our sole discretion. You understand and agree that the Services and all content provided in accordance with BLVD’s provision of Services are provided “AS IS” and that BLVD assumes no responsibility in connection with your use of the Services and/or any content provided or accessed in accordance with your use thereof. You acknowledge that you may not distribute, modify, re-publish, or publicly display any of the content published and/or hosted by BLVD or the Services unless you have the prior written permission of BLVD, which shall be granted pursuant to BLVD’s sole discretion. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer any product, content, or service offered by BLVD. Any such unauthorized use shall result in immediate and automatic termination of your right to use and access the Services, and BLVD reserves the right to pursue criminal and/or civil remedy to the fullest extent of the law. Any use of the Services provided by BLVD in violation of any federal, state and/or local laws is strictly prohibited, and you hereby agree to indemnify and hold harmless BLVD from and against any and all damages, claims, and/or liability resulting from your use of the Services in violation of these Terms.
Accessing some of the Services may require acceptance as part of BLVD’s Membership (referred to herein as a “BLVD Member”). If you register with us and create an account as part becoming a BLVD Member, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your account. You may be required to provide BLVD, and/or BLVD’s third party vendors and/or licensors, with personal identifiable information, including, but not limited to, your name, age, phone number, address, and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or BLVD has sufficient grounds to suspect that the information provided is untrue, inaccurate, not current, or incomplete, BLVD reserves the right to suspend or terminate your ability to access and/or use the Services and/or all features provided in relation thereto
You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
Accessing some of the Services may also require the payment of a membership contribution. If you make such a payment, you agree to pay BLVD all charges at the prices presented to you or your agent(s). You must provide, and you authorize BLVD to charge, your chosen payment provider (your “Payment Method”), and you agree to only provide us information about payment methods that you are authorized to use.
Creating an account with us and/or paying a fee may grant access to Services hosted or enabled by third parties. In such a case, you agree to any terms required by those third parties.
The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of BLVD, access to the Services may be interrupted, suspended, or terminated from time to time. BLVD shall have the right at any time to change or discontinue any aspect or feature of the Services, as determined in BLVD’s sole discretion.
In order to become a BLVD Member, you must: (1) agree to be bound by these Terms and any other conditions established by BLVD for the provision of Services; and (2) provide the membership contribution applicable to the membership tier, as set forth and made known on the website. BLVD membership decisions, including, but not limited to, the acceptance of any individual as a BLVD Member and/or the level of Services provided in conjunction thereto, shall be made at the sole and absolute discretion of BLVD.
For the avoidance of doubt, BLVD reserves the right to accept and/or reject any individual or entity as a BLVD Member. BLVD may accept or reject any applicant for membership for any reason, or no reason at all, in its sole and absolute discretion, unless prohibited by law. In requesting acceptance as a BLVD Member, you represent that all information provided in relation thereto is and shall remain true and correct throughout the course of your membership. BLVD accepts no liability for any inaccuracies or omissions relating to information provided pursuant to a membership request.
BLVD Membership will become active upon BLVD’s receipt of your membership contribution. Unless otherwise made known on the website, BLVD Membership shall run on an annual basis. Annual membership terms begin on the first day of the month following confirmation of BLVD Membership acceptance (the “Start Date”). BLVD Membership shall automatically renew on the anniversary of the Start Date for successive annual terms unless BLVD or the BLVD Member provides written notice to the other party of its intention to not renew at least thirty (30) days prior to the end of the then-current annual BLVD Membership term.
Unless otherwise made known on the website, BLVD Membership is subject to an annual membership contribution. The membership contribution associated with your BLVD Membership Tier will be charged automatically on each anniversary of the Start Date. You agree to maintain and/or update your Payment Method information in order to renew your BLVD Membership and/or otherwise access the Services. Annual BLVD Membership contributions for renewal terms will be at list pricing in effect at the time of renewal, and BLVD reserves the right to increase the membership contribution amount in its sole discretion; provided, any increase will only apply prospectively to a BLVD Member upon renewal of membership. We will provide notice prior to any such membership contribution increases.
All payments provided for use of the Services (including, but not limited to, payment of membership contribution(s)) are final. Except as otherwise provided in these Terms, no refunds will be issued.
Your use of the Services is at your sole risk. BLVD provides the Services on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Neither BLVD, nor its affiliates, third party vendors, or licensors warrant that a) the Services, content, and/or features will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services, content, and/or features are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
In no event shall BLVD, nor its directors, employees, partners, agents, third party vendors, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services, content, and/or features; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. BLVD’s entire liability shall be a refund of the price paid or replacement of our Services, as determined pursuant to BLVD’s sole discretion.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You must be at least 18 years old to access the Services, content, and features provided by BLVD. If you are under 18 years of age, you are not allowed to use the Services.
By accessing the Services, you: (i) confirm that you have read these Terms and that you agree to be bound by them, and (ii) represent that you are legally able to enter into a binding contract, agree to the use of electronic communication in order to enter into contracts, and that you waive any rights or requirements under applicable laws or regulations in any jurisdiction that requires an original (non-electronic) signature, to the extent permitted under applicable law.
You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by BLVD, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service Content. If BLVD blocks you from accessing the Services, you agree not to implement any measures to circumvent such blocking. Any use of the Services or Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the service or distributed in connection therewith are the property of BLVD, our affiliates, licensors, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Sharpe reserves any rights not expressly granted herein.
The BLVD name and logos are trademarks and service marks of BLVD (collectively the “BLVD Trademarks”). Other company, product, and service names and logos used and displayed via the service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BLVD. Nothing in these Terms or the service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any BLVD Trademarks without our prior written permission in each instance. All goodwill generated from the use of BLVD Trademarks shall inure to our exclusive benefit.
Unless otherwise expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the service, Service Content, use of the service, or access to the service. The service is for your personal use only.
BLVD may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the service, including its legality, reliability, and appropriateness.
By posting User Content, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate access to the Services for anyone found to be infringing on the intellectual property rights of others.
You retain any and all of your rights to any User Content you submit, post or display on or through the service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the service. However, by posting User Content, you grant us the perpetual, irrevocable, royalty-free, right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. You agree that this license includes the right for us to make your User Content available to other users of the service, who may also use your User Content subject to these Terms.
BLVD reserves the right to monitor and edit all User Content provided by users.
You agree that BLVD (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content, even if BLVD receives compensation therefrom; and (iv) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (d) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to BLVD under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (e) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; (f) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (g) is not intended to circumvent or violate these Terms and the lawful functioning of the Services
By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to BLVD, you acknowledge and agree that: (a) your Feedback doesn’t contain confidential or proprietary information; (b) BLVD isn’t under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) BLVD shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) BLVD may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically become the property of BLVD without any obligation of BLVD to you; (f) BLVD is free to use any ideas, concepts, or techniques that you send BLVD for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from BLVD under any circumstances.
You agree that in connection with your use of the Services, you will not: a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically or otherwise objectionable (each of the foregoing as determined pursuant to BLVD’s sole discretion); b. harm or attempt to harm other users of the Services in any way; c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; d. upload, post, email or otherwise transmit any content that you do not have a right to transmit; e. upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party; f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; g. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; h. interfere with or disrupt the Services, the content or servers or networks connected to the Services or the content, or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or the content; i. intentionally or unintentionally violate any applicable local, state, national or international law. J. reproduce, re-publish, download, post, transmit, distribute, copy, publicly display or otherwise use any content or any derivative works based on the Services, content or the features.
You agree to release, defend, indemnify and hold harmless BLVD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services; b) your breach of these Terms, or c) User Content posted on the Service.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree that BLVD, in its sole discretion, may terminate your use of the Services (including, but not limited to, your BLVD Membership) and/or any features provided in relation thereto, for any reason, including, without limitation, if BLVD believes that you have violated or acted inconsistently with these Terms. We may also in our sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that BLVD may immediately deactivate or delete your access to the Services and all related information and/or bar any further access to the Services.
The Services may contain links to third party web sites or Services that are not owned or controlled by BLVD. BLVD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that BLVD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third party web sites or Services.
BLVD uses third-party electronic payment processors to process financial transactions executed through your use of the Services. You irrevocably authorize us to instruct such processors to handle payments and irrevocably agree that we may give such instructions on your behalf.
You agree that any and all disputes or claims that have arisen or may arise between you and BLVD, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Arbitration Agreement. You agree that, by entering into these Terms, you and BLVD are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BLVD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
A party who intends to seek arbitration must first send to the other, by certified mail or email, a written Notice of Dispute (“Notice”). The Notice to BLVD should be sent to [email protected] You agree that all notices to be sent to you shall be sent to the email associated with your account. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If BLVD and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or BLVD may commence an arbitration proceeding.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitration decision may be enforced in any court of competent jurisdiction. You agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys’ fees.
Unless BLVD and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall make the determination. If your claim is for $10,000 or less, BLVD agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the AAA Rules will determine the right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Notwithstanding the foregoing arbitration provisions, in no event shall BLVD be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed intellectual property rights in a court of appropriate jurisdiction.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than prohibition of class and representative actions and non-individualized relief as set forth herein) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions regarding the prohibition of class and representative actions and non-individualized relief as set forth herein are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for injunctive relief. The remainder of the Terms will continue to apply.
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed given and received on the date we transmit any such electronic communication.
BLVD and the website and Services are not sponsored by the NCAA. You are responsible for your own activities in connection with your use of the Services, including, but not limited to, complying with all legislation, rules, regulations, and laws or similar rules, regulations and laws that may be established from time to time by the National Collegiate Athletic Association, any successor organization or any athletic conference, league, member institution, and/or other governing body (collectively, the “Regulations”). If you act in violation of the Regulations, we may take reasonable steps in response, including, but not limited to, suspending and/or terminating your BLVD Membership and/or access to the Services and/or reporting such conduct to the appropriate authorities. BLVD does not knowingly promote any violations of Regulations or applicable law.
These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding your use and access to the Services, and supersedes and replaces any prior agreements we might have had between us regarding your use of the Services.
If any provision of these Terms is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. If such provision cannot be reformed, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
You may not assign or delegate any rights or obligations under these Terms and/or as a member of BLVD, and any such attempts will be ineffective. BLVD can freely assign or delegate all rights and obligations under these Terms in part or in its entirety without prior notice to you.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BLVD as a result of these Terms or use of the Services.
BLVD’s performance under these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BLVD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by BLVD with respect to such use.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and BLVD with respect to your use of Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and BLVD with respect to the Services.
All provisions of the Terms that by their nature should survive termination shall do so.
If you have any questions about these Terms, please contact us at [email protected]