Terms & Conditions
Last updated: 2019-02-27
2. Copyright and Intellectual Property.
The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by BLIX or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of BLIX and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as otherwise expressly authorized here and otherwise in writing in advance by BLIX, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to BLIX a written notice by mail, e-mail or fax, requesting that BLIX remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to BLIX a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
3. Use of the Site.
You may access and use the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. BLIX or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in BLIX’s sole discretion. BLIX neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from BLIX and its affiliated entities.
5. Information Deemed Non-Confidential.
You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to BLIX, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to BLIX through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place BLIX under any fiduciary or other obligation.
6. Rules for Using the Site. You agree to follow the conduct rules listed below:
You agree to act in accordance with the following rules in your use of the Site:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
7. Site Access.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
8. Minors and Children.
The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that BLIX does not endorse any of the products or services identified on such sites.
9. Sale of Products and Services.
Pricing. BLIX offers various subscription plans from time to time, which can be found under the How It Works tab of the Site. All prices are in U.S. Dollars. Delivery options may vary by area. Subscription plans will renew automatically. You have the option to skip a delivery by logging into your account and changing your settings. By subscribing to a plan, you hereby agree that BLIX, including through its third-party payment service providers, will charge your credit card in accordance with the relevant plan, without requesting additional authorization, for the duration of the plan, until you (i) cancel the plan or (ii) BLIX discontinues the relevant plan. BLIX shall be entitled to adjust prices from time to time, with sufficient advance notice to you. You have the option of cancelling your subscription as provided herein, if you do not wish to pay the adjusted prices.
Credit Card and Billing Information. In connection with placing an order, you will be asked to supply certain information, including, but not limited to, credit card, billing address or other payment information. BLIX does not store your complete payment information, which information is stored and processed by our third-party payment service providers. BLIX may retain partial payment information, such as the last four digits of your credit card, if deemed necessary for legal or regulatory reasons. You agree to provide information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. If your credit card has expired, or your billing information is in accurate in any way, BLIX reserves the right to suspend your subscription.
Cancellation. You may cancel your plan following your initial order by accessing your account and changing your settings, or by contacting us at: firstname.lastname@example.org. You will not be charged for the next shipment as long as you cancel your subscription before your modification deadline (by 8PM EST, 5 days before the next shipment).
Taxes. BLIX is not responsible for tax rates applicable to our products or services from time to time. By subscribing to our products or services, you agree to pay all applicable taxes.
Delivery. Delivery options will be presented to you depending on your location. By subscribing, you agree to pay the relevant delivery charge. We will ship all products in packaging appropriate for the product type (i.e., perishable items in cold packs with insulation and dry ice). You are responsible for freezing the products immediately upon receipt and inspecting them for non-compliance with the product description and specifications. BLIX cannot take responsibility for any problem arising out of, or in connection with your improper storage and handling of delivered products.
Third-Party Commerce. The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations from time to time. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third-party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. BLIX may accept or reject your offer, and your offer is not accepted by BLIX until BLIX ships your order.
Refunds. If you are not satisfied with our products, please contact us at: email@example.com within seven (7) business days. We will replace the product and may elect to give you a full or partial refund therefor. We will be entitled to ask you for documentation and information before giving you a refund.
Errors and Omissions. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. BLIX makes no guarantee that information on the Site is error-free, complete or current. BLIX reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, BLIX may decline your offer or BLIX may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
10. Disclaimer of Warranties.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. WITHOUT PREJUDICE TO SECTION 12 HEREINAFTER, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
BLIX DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability.
YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLIX, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY BLIX), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT.
ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL. BLIX ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.
BLIX RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. BLIX ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF BLIX OR ANY THIRD PARTY.
15. Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions.