1. User's Acknowledgment and Acceptance of Terms
Blend Swap, LLC ( the "Website" or "Site") provides its set of services to you, the user, subject
to your compliance with all the terms, conditions, and notices contained or referenced herein (the
particular services or materials on this site, users shall be subject to any posted rules
applicable to such services or materials that may contain terms and conditions in addition to those
ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP
USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
yourself with any modifications. Your continued use of this site after such modifications will
affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and
includes (without limitation) all parties involved in creating, producing, and/or delivering this
site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, hosting user created
files created with the 3D software program Blender, serving these user submitted files, hosting
User profiles and links to their profiles on other websites, hosting a database of voluntarily
submitted user data, and other like services. You are responsible for providing, at your own
expense, all equipment necessary to use the services, including a computer, modem, and Internet
access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s
features, at any time with or without notice to you. We will not be liable to you or any third
party should we exercise such right. Any new features that augment or enhance the then-current
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and
password that can be obtained by completing our online registration form, which requests certain
information and data ("Registration Data"), and maintaining and updating your Registration Data as
required. By registering, you agree that all information provided in the Registration Data is true
and accurate and that you will maintain and update this information as required in order to keep it
current, complete, and accurate. You also agree to register ONE ACCOUNT ONLY for your use of the
site. The Site administrators reserve the right to ban users because of accessing the site with
more than one account.
The information we obtain through your use of this site, including your Registration Data, is
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely
responsible for the substance of your communications through the site. By posting information in or
otherwise using any communications service, chat room, message board, newsgroup, software library,
or other interactive service that may be available to you on or through this site, you agree that
you will not upload, share, post, or otherwise distribute or facilitate distribution of any content
-- including text, communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), or otherwise violates our rules or
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as
"spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or
e. contains software viruses or any other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any data or other
information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted
by third party users of the site. We generally do not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message boards, newsgroups, software
libraries, or other interactive services that may be available on or through this site. However, we
and our agents have the right at their sole discretion to remove any content that, in our judgment,
otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in
removing such content. You hereby consent to such removal and waive any claim against us arising
out of such removal of content. See "Use of Your Materials" below for a description of the
procedures to be followed in the event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain
unauthorized access to another network or server. Not all areas of the site may be available to you
or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment
of the site or other similar services. Users who violate systems or network security may incur
criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account,
or other affiliation with our site without prior notice to you for violating any of the above
provisions. In addition, you acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating with law
enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to
information, documents, software, materials and/or services provided by other parties. These sites
may contain information or material that some people may find inappropriate or offensive. These
other sites and parties are not under our control, and you acknowledge that we are not responsible
for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of
such sites, nor are we responsible for errors or omissions in any references to other parties or
their products and services. The inclusion of such a link or reference is provided merely as a
convenience and does not imply endorsement of, or association with, the site or party by us, or any
warranty of any kind, either express or implied.
software, photos, video, graphics, music, sounds, and other material and services that can be
viewed by users on our site. This includes message boards, chat, and other original content.
this site is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws, and is the sole property of Blend Swap, LLC and/or its Affiliates. You are only
permitted to use the content as expressly authorized by us or the specific content provider under
the specified Creative Commons licenses, which may or may not grant you with liberties akin to Open
Source philosophy and practices. You are allowed to access, modify, use and redistribute our
content under Creative Commons BY-SA 3.0 USA (or under the license the content is marked with),
worldwide without the need of written consent provided that you adhere to the license attached to
the content you access.
By uploading files to the Site you are attesting that you have the rights to the files being loaded
onto The Site. You further acknowledge that the data you upload to Site is not the responsibility
of the Owner of The Site or the other Site Administrators or Affiliates and that any copyright
infringement, unauthorized copy and/or distribution of materials copyrighted by third parties and
other legal faults you may incur are your sole liability and The Site and its Owner and/or
Administrators won’t be held liable for your use of The Site and its services and features. You are
the rules clarified herein.
By uploading files to the Site you are also granting the Site and it's users with the Creative
Commons License you attach to the blend files, which allows for commercial use of all the files you
are uploading to the Site, this License is not revocable and it runs indefinitely. If you're not OK
with sublicensing your blends under Creative Commons Licenses or do not thoroughly understand the
Creative Commons Licenses supported by the Site, please refrain from uploading any files to the
you have read and understand them, and that you agree with the terms stated herein. You acknowledge
that neither Blend Swap, LLC nor our Affiliates make warranties that the files you download from
the Site are fit for any particular purpose, and your use of those files is your sole
responsibility. Blend Swap, LLC and it's Affiliates will not be held liable for your use or misuse
of the files or any damage caused by or derived from your use of the files. You further acknowledge
that you will respect the Creative Commons License attached to the file and will give proper
attribution to the authors when they require it. For more information on licensing visit our
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this site will not infringe the rights of third parties. See "User’s Materials"
below for a description of the procedures to be followed in the event that any party believes that
content posted on this site infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are property of Blend Swap, LLC or its
Affiliates. All other trademarks or service marks are property of their respective owners. Nothing
name of Blend Swap, LLC or its Affiliates.
7. Use of assets under a Non Commercial CC license
Users may upload content under the Creative Commons Attribution-NonCommercial-ShareAlike License,
so other users may download the work and use it as long as they do not reselle it or use it for any
kind of monetary profit, even through derivatives of the work.
By using the Site you acknowledge that your content available on the Site under the
Attribution-NonCommercial-ShareAlike Cretive Commons License is usable commercially by Blend Swap
LLC., their staff, moderators and admins, without limitations of time or availability, for the
purposes of running the site, including but not limited to, charging monthly and yearly fees for
the Associate Account level, accompanying ads and other types of profit-oriented practices, which
generate the income to keep the site online and in constant development.
This sublicense does not include uses outside the scope of running the site, that is, NC-marked
works can't be used by Blend Swap staff in their work not related to Blend Swap LLC.
8. Unauthorized Use of Materials
us, whether by electronic mail, post, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such communications or
material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and
worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and
otherwise use such material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
We respect the intellectual property of others, and we ask you to do the same. If you or any user
of this site believes its copyright, trademark or other property rights have been infringed by a
posting on this site, you or the user should send notification to our Designated Agent (as
identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or
other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of
the allegedly infringing webpages or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted
materials described above as allegedly infringing is not authorized by the copyright owner, its
agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Matthew Muldoon
Address: 3208 E 17th St.
Sioux Falls, SD 57103
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we
may immediately remove the identified materials from our site without liability to you or any other
party and that the claims of the complaining party and the party that originally posted the
materials will be referred to the United States Copyright Office for adjudication as provided in
the Digital Millennium Copyright Act.
9. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR
EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY
MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF
ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY
BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions
with other users and vendors. You acknowledge that all transactions relating to any merchandise or
services offered by any party, including, but not limited to the purchase terms, payment terms,
warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to
solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO
WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON
OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR
ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information
provider, site user, or other person or entity not connected with us. We do not endorse, nor are we
responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone
other than an authorized Blend Swap, LLC spokesperson speaking in his/her official capacity. Please
refer to the specific editorial policies posted in various sections of this site for further
You understand and agree that temporary interruptions of the services available through this site
may occur as normal events. You further understand and agree that we have no control over third
party networks you may access in the course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we
assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS
SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT
LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from
all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or
misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
12. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for
any and all statements made and acts or omissions that occur through the use of your password and
account. Therefore, you must take steps to ensure that others do not gain access to your password
and account. Our personnel will never ask you for your password. You may not transfer or share your
account with anyone, and we reserve the right to immediately terminate your account if you do
transfer or share your account.
13. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers showing their products on
this site. Any such correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence or promotion.
14. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, "Communications") available
to users of our site, either directly or through a third-party provider. We make available separate
supplemental agreements characterizing the relationship between you and us that, except where
expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of
the sender or the recipient, or in the narrowly-defined situations provided under the Electronic
Communications Privacy Act, or as other required by law or by court or governmental order. Further
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited
communications (also known as "spam") and/or other types of electronic communications that we deem
inconsistent with our business purposes. However, such devices or techniques are not perfect, and
we will not be responsible for any legitimate communication that is blocked, or for any unsolicited
communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space,
we may employ automated devices that delete or block email messages that exceed the limit. We will
not be responsible for such deleted or blocked messages.
15. International Use
Although this site may be accessible worldwide, we make no representation that materials on this
site are appropriate or available for use in locations outside the United States, and accessing
them from territories where their contents are illegal or prohibited. Those who choose to access
this site from other locations do so on their own initiative and are responsible for compliance
with local laws. Any offer for any product, service, and/or information made in connection with
this site is void where prohibited.
16. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of
the site with or without notice and for any reason, including, without limitation, breach of these
your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services
available on this site immediately ceases, and you acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files linked to your account
and/or bar any further access to such files or this site. We shall not be liable to you or any
third party for any claims or damages arising out of any termination or suspension or any other
actions taken by us in connection with such termination or suspension.
17. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the South
Dakota, United States of America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ from those of South
Dakota, by accessing this site both of us agree that the statutes and laws of the State of South
Dakota, without regard to the conflicts of laws principles thereof and the United Nations
Convention on the International Sales of Goods, will apply to all matters relating to the use of
this site and the purchase of products and services available through this site. Each of us agrees
and hereby submits to the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the State of South Dakota with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail.
Notices to us must be sent to the attention of Customer Service at email@example.com, if by
email, or at 3208 E 17th St. Sioux Falls, SD 57104 if by conventional mail. Notices to you may be
sent to the address supplied by you as part of your Registration Data. In addition, we may
broadcast notices or messages through the site to inform you of changes to the site or other
matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
19. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning
the subject matter of this agreement and supersedes all prior agreements and understandings of the
or amended by the use of any other document(s). Any attempt to alter, supplement or amend this
document or to enter an order for products or services which are subject to additional or altered
terms and conditions shall be null and void, unless otherwise agreed to in a written agreement
signed by you and us. To the extent that anything in or associated with this site is in conflict or
attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted
with one year after the cause of action arises or be deemed forever waived and barred.
purported attempt to do so will be null and void. We may free assign our rights and obligations
You agree to comply to the letter all Licenses attached to any materials available on Blend Swap,
LLC, whether they allow commercial use or not, you are bound by the Creative Commons Licenses
attached to each file and you shall respect the author’s rights on the materials you are accessing.
In addition to any excuse provided by applicable law, we shall be excused from liability for
non-delivery or delay in delivery of products and services available through our site arising from
any event beyond our reasonable control, whether or not foreseeable by either party, including but
not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or events beyond our reasonable
control, whether or not similar to those which are enumerated above.
in a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force and effect.
shall not constitute a waiver of that right or provision.
21. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by
Blend Swap, LLC located at https://www.blendswap.com. If you notice that any user is violating these
Terms and Conditions of Sale
1. Sale and Purchase of Goods
Blend Swap, LLC ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods
of the description and quantity described on the checkout window ("Checkout") and incorporated
herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment
due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall
be considered overdue. All amounts past due are subject to a late charge of the lesser of one and
one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful
rate. In addition, Seller shall have the right to pursue any remedies available at law or as
provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection,
including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping
policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only.
Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will
not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller,
Goods shall be packaged according to Seller's standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
You may ask to be refunded 50% of the value of Subscription plans purchased from Blend Swap, LLC up
to 15 days after the purchase was made effective
The warranty shall last for 1 month.
The warranties provided for herein shall be governed by Seller's warranty policies in effect on the
date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for
any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in
this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL
NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES,
DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO
THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON
PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY,
PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE
ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS,
DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND
CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR
ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND
AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR
TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all
or any part of the Goods in the event such failure was due, in whole or in part, to federal,
provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble,
fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing
facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical
power, water or supplies, or any other cause, act of God, contingency or circumstances not subject
to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of
Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause,
contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended
beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other
agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may
not be modified, altered or amended without the written agreement of Seller. Any additional or
altered terms attached to any order submitted by Buyer shall be null and void, unless expressly
agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the
legality and enforceability of the remaining provisions shall not be affected or impaired. This
Agreement shall be interpreted under the laws of the State of Virginia, without giving effect to
conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the
exclusive jurisdiction and venue of the courts of the Commonwealth of Virginia and hereby waives
any objection to such jurisdiction and venue.
Blend Swap, LLC ("We" or "Us" or "Our") offers the use of its services and commenting features
(along with the content posted thereon, the "Services") subject to the terms and conditions of use
(the "Terms") contained herein. All references herein to "We," "Us," or "Our" are intended to
include Blend Swap, LLC and any other affiliated companies. By accessing, creating or contributing
to user submitted content or comments hosted by us (the "Blog"), and in consideration for the
Services we provide to you, you agree to abide by these Terms. Please read them carefully before
posting to or submitting your work, comments, contact submissions, ratings and other data to the
Site. We reserve the right to change, at any time, at our sole discretion, the Terms under which
these Services are offered. You are responsible for regularly reviewing these Terms for changes.
Your continued use of the Services constitutes your acceptance of all such Terms. If you do not
agree with these Terms, please do not use the Services.
1. Disclaimer of Company Responsibility for Site Content
You understand that all content posted to the Site (the "Content") is the sole responsibility of
the individual who originally posted the content. You understand, also, that all opinions expressed
by users of this site are expressed strictly in their individual capacities, and not as Our
representatives or any of Our sponsors or partners. The opinions that you or others post in the
Site do not necessarily reflect Our opinions.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable,
non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and
sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create
collective or derivative works from, distribute, perform and display your Content in whole or in
part and to incorporate it in other works in any form, media, or technology now known or later
(b) By posting content to the Site, you warrant and represent that you either own or otherwise
control all of the rights to that content, including, without limitation, all the rights necessary
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