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- Ownership; No License. www.blackhawknetwork.com is owned and operated by Blackhawk and its affiliates. Except as expressly licensed by Blackhawk no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your internal business use only, provided you keep intact all copyright and other proprietary notices. The use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Blackhawk or other respective owners which have granted us the right and license to use such Marks and nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Blackhawk or by any third party. All contents of the Site or Service are: Copyright© 2006 Blackhawk Marketing Services, Inc. All rights reserved.
- Login ID and Password. If you sign up for a Service, you will set up a unique login ID and password. You are entirely responsible for maintaining the confidentiality of your password. You are responsible for all activities that occur under your password, whether or not they are actually or expressly authorized by you. You agree to notify Blackhawk immediately on any unauthorized use of your account, user name, or password. Blackhawk shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Blackhawk, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- User Content. You grant Blackhawk a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Blackhawk, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Blackhawk, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Blackhawk may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- Prohibited Uses; Conduct. Blackhawk imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Blackhawk in providing the Site or Service. You warrant to us that: (i) you own or have the requisite authority over any content or information provided by you; (ii) any content or information provided by you will be accurate and complete; (iii) any content or information provided by you and any of your activities on the Site or through the Services: (a) do not infringe in any manner on any third party rights, (b) do not violate any applicable laws or regulations, (c) are not defamatory, libelous, slanderous or threatening, (d) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, (e) have not resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, (f) are not false, deceptive or misleading, and (g) will be free of any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.
- Copyright Infringement. Blackhawk has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Blackhawk has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Blackhawk or of a third party, or otherwise violated any intellectual property laws or regulations. Blackhawk’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Blackhawk to delete, edit, or disable the material in question, you must provide Blackhawk with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blackhawk to locate the material; (d) information reasonably sufficient to permit Blackhawk to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Blackhawk’s designated agent at: Blackhawk Network, Inc., 5918 Stoneridge Mall Road, Pleasanton, CA 94588, Attn: Legal Department.
- No Warranties. BLACKHAWK HEREBY DISCLAIMS ALL WARRANTIES. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKHAWK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BLACKHAWK DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE SECURE OR FREE OF INTERRUPTIONS, ERRORS OR VIRUSES.
- Limited Liability. BLACKHAWK’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLACKHAWK BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY BLACKHAWK. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- Confidentiality. You agree that during your use of the Site or Services and for a period of three (3) years following your last use of the Site or Services, you will not disclose or use any Confidential Information (as defined below) of Blackhawk. You acknowledge that any breaches of this provision may result in irreparable harm to Blackhawk for which no adequate remedy at law may be available and that as such Blackhawk is entitled to equitable relief. “Confidential Information” results or data relating to our Site or Services, and any proprietary information or information that gives Blackhawk a competitive business advantage that Blackhawk shares with you. Confidential Information does not include information that is publicly known through no fault of yours, has been independently developed without access to Blackhawk Confidential Information, or is required to be disclosed by law or a governmental authority.