Terms of Services

Bblender Inc. (DBA Come Thru)

Located at 9942 Culver Blvd, Culver City, CA 90232, USA

Our Terms of Use

Acknowledgement & Acceptance of Our Terms of Use

Bblender Inc. DBA Come Thru (“Come Thru” or “we” or “us”) provides Come Thru Services as described below on or through our website (www.heycomethru.com), our mobile site, our mobile application(s), and any of our standard, premium or other category of Come Thru Service (together with related websites and mobile Come Thru Services operated by Come Thru or Come Thru Service or simply “Come Thru Service”).

By using our Come Thru Service, regardless of how you or your agent access it, by computer, or through a mobile phone or other wired or wireless or internet enabled device (“Device”) or otherwise, you or your agent (“You”) agree to the following terms and conditions (“Terms of Service” or “ToS”).

These Terms of Come Thru Service comprise the entire agreement between you or your agent(s) and Come Thru and supersede all prior agreements between Come Thru and you or your agent(s) regarding the subject matter contained herein.

In addition, when using particular features on or through the ToS, you and your agent(s) shall be subject to any posted policies and guidelines applicable to such features, including any terms or conditions applicable to features provided in conjunction with any of Come Thru’s content and Come Thru’s Service partners.

All such rules and guidelines are hereby incorporated by reference to these Terms of Come Thru Service.

IF YOU DO NOT UNDERSTAND OR AGREE with these Terms of Come Thru Service, please DO NOT USE the Come Thru Service or any of its features and DO NOT register to be a member of the Come Thru Service. If you have any questions or concerns regarding these Terms of Come Thru Service, please let us know by emailing us at info@heycomethru.com.

BY USING ANY PART OF THE Come Thru Service OR BY COMPLETING ANY REGISTRATION OR PURCHASE PROCESS WITHIN COME THRU, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE OUR SITES.

You may continue to use the Come Thru Service as long as you adhere to these Terms of Service.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.

OVERVIEW

The Come Thru Service offers features that allow you to, among other things:

  • create and send free or paid invitations to your friends, family and business contacts;
  • receive and respond to invitations;
  • research party planning ideas, tips and tools; and
  • access search Come Thru Services and content, among other things

All content and features made available through the Come Thru Service that were not made available as of the "Last updated" date indicated here and within our sites, shall automatically be deemed to be part of the Come Thru Service when first made available through the Come Thru Service.

ELIGIBILITY

Use of the Come Thru Service is void where prohibited. By using this Come Thru Service, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Service. Also, you must be an individual of 16 years of age or older to register or use the Come Thru Service and YOU MUST BE AT LEAST 18 YEARS OLD to purchase any Come Thru subscriptions, namely the Pay Per Event Plan or the Pro Plan (see below for details).

In addition, we strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

PRIVACY POLICY

Come Thru respects the privacy of our users and we strive to be transparent about our privacy practices. Come Thru's policies with regard to information collected from or about You that identifies an individual or relates to an identifiable individual, what information third parties affiliated with Come Thru collect from You, and how that information is used is governed by the Come Thru Privacy and Data Use Policy, which may be found via a link on every page of the Come Thru web site at www.heycomethru.com and may be found here.

DESCRIPTION OF Come Thru Service

Registration

You are required to register with Come Thru if you want to:

  • use the Guestlist
  • send a free or paid Come Thru invitation to an event;
  • access your account;
  • view your upcoming events and retrieve past Come Thru invitations;
  • save and access saved information;
  • view and edit your My Events page;
  • upload photos or video;
  • purchase a Come Thru Pro Plan or other Come Thru subscriptions; and/or

.

Please note that not all of the above features in the previous sentence may be available at any given time and that Come Thru may require registration for additional features that may be developed or added to the Come Thru Service from time to time. Unless otherwise indicated, you do not need to register for the Come Thru Service if you are simply responding to a Come Thru invitation or browsing through the Come Thru Service.

In order to register with Come Thru you may be required to supply a valid email address, which will be used as a unique identifier for your account, and your first name, last name, birthday, gender, country of residence and ZIP code. You will also be asked to set a password. You may also be asked to provide certain other optional information, including an image, interests and/or other requested information.

Passwords

You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Come Thru Service, to anyone else. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Profile Page.

You agree to immediately notify us at info@heycomethru.com of any unauthorized use of your account or any other breach of security related to your account or the Come Thru Service.

Online Invitations

Come Thru provides registered users with the ability to create and send online invitations for a wide variety of events for a multitude of occasions. In order to assist our registered users, You can customize said invitations by providing specific event information, descriptions and images. From time to time, we may also allow you to include other customization tools that you can provide to your guests within the invitation user flow. Sometimes these tools may be sponsored by our third party partners, including advertisers. Once you have created your invitation, you will then be asked to supply the email addresses or mobile phone numbers of those guests that you wish to invite using the Come Thru Service. We do not share these email addresses or mobile phone numbers with third parties except in extremely limited circumstances, which are described in our privacy policy.

Message Center

The Message Center is a feature within an invitation, or event, that enables a user to communicate directly within the Come Thru Service with an event host and selected invited guests. Messages are unique to an event and communications in Message Center are limited to hosts and guests specific to that unique event. Messages may be directed through private chat and/or group chat. By accessing the “Messages” tab within the invitation, the user may create and send messages within the Come Thru Service to the event host and selected guests as they determine. Users can initiate messaging for dissemination of both private (1:1) and group (1:many) messages. Users will send and receive messages within the Come Thru Service and may also opt-in to be notified by email of receipt of an in-Come Thru Service message.

Come Thru Subscription

Come Thru offers registered users the opportunity to purchase a Come Thru pay per event planor a ⁠⁠Come Thru Pro Plan providing the ability for the user to send online invitations and correspondence, for a certain duration (usually 12 months excluding any free trial period) (the “Subscription Term”), free of any advertising, for up to 2500 guests per event invitation. A Come Thru Pro Plan subscription is purchased on a per user account basis. Come Thru reserves the right to change the pricing of the Come Thru Pro Plan subscription at any time. In the event of a price change, Come Thru will post the new pricing for the Come Thru Pro Plan subscription and attempt to notify you in advance by sending an email to the address you have registered for your Come Thru user account. If you do not wish to accept a price change, you may cancel your Come Thru Pro Plan subscription as described in these Terms of Come Thru Service.

Recurring Charges:

By providing payment information for your Come Thru Pro Plan subscription, you are agreeing to pay a non-refundable subscription fee, and any applicable taxes and Come Thru Service fees ("Subscription Fee") for your use of Come Thru Pro Plan. The Subscription Fee will be charged to your debit or credit card (the "Payment Method") at the start of your Subscription Term, and automatically at the beginning of each subsequent renewal period (“Renewal Term”) unless you cancel your Come Thru Pro Plan subscription. The Subscription Fee charged to your Payment Method may vary from year-to-year due to changes in your subscription plan or applicable taxes, and you expressly authorize Come Thru to charge your Payment Method for this amount. All payments must be made in United States dollars.

Auto-renewals and Trials:

If you sign up for a free trial of Come Thru Pro Plan (the “Trial”), the Trial period will begin on the date you activate the Trial and end after the stated trial period. Unless you cancel prior to such date, your Subscription Term will begin and you will be charged a Subscription Fee. IF YOUR ACCOUNT IS SET BY YOU TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND YOU HAVE PROVIDED A METHOD OF PAYMENT TO US FOR THE COME THRU SERVICES, WE MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION.

The Come Thru Pro Plan subscription is effective from date of purchase and will automatically renew for a Renewal Term of the same duration unless you cancel prior to expiration of the Subscription Term or Renewal Term in progress. Come Thru reserves the right to cancel your Trial at any time if it is discovered you do not meet the eligibility requirements for such Trial (e.g., Trials that are only available to small businesses or registered nonprofits).

Disputes: No Refunds.

If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Come Thru within 60 days after they first appear on an account statement. PLEASE NOTE THAT THE SUBSCRIPTION FEE IS NON-REFUNDABLE AND ALL SALES ARE FINAL. No refund will be due if your account or subscription are terminated due to your violation of these Terms of Come Thru Service.

THE Come Thru Pro Plan subscription IS PERSONAL TO THE ACCOUNT HOLDER AND MAY NOT BE TRANSFERRED OR ASSIGNED. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES. You agree to immediately notify us at info@heycomethru.com of any unauthorized use relating to your Come Thru Pro Plan subscription or any other breach of security related to your Come Thru Pro Plan subscription.

Subscription Cancellation:

You can cancel your Come Thru Pro Plan subscription or Trial at any time by logging in to your account at www.heycomethru.com and viewing your Order History in your Settings tab. If you cancel your Come Thru Pro Plan subscription or Trial, the cancellation will go into effect at the end of the Trial or the then-current Subscription Term or Renewal Term. You will have continued access to your Come Thru Pro Plan subscription for the remainder of the applicable period, but YOU WILL NOT RECEIVE A REFUND OF ANY SUBSCRIPTION FEES PAID. You must cancel your Come Thru Pro Plan subscription before it renews to avoid paying the Subscription Fee for the Subscription Term or Renewal Term. After cancellation of your Come Thru Pro Plan subscription, you will continue to owe any accrued amounts due under these Terms of Come Thru Service and not yet paid. You acknowledge and agree that cancellation of your Come Thru Pro Plan subscription is your sole recourse if you have any dissatisfaction, issue or concern related to your Come Thru Pro Plan subscription, its content or features or these Terms of Come Thru Service, including Subscription Fees, applicable taxes, or billing methods; the selection of content available to you through your Come Thru Pro Plan subscription; these Terms of Come Thru Service, including the Come Thru Privacy Policy, or any changes thereto; or any other Come Thru Pro Plan subscription policies or practices.

Beta process:

Other Features Come Thru may provide additional features from time to time through the Come Thru Service, which Come Thru may make available for your use in its sole discretion. Additional features made available by Come Thru may be designated as in "beta". A feature or Come Thru Service that is in "beta" means that it is a work in progress and may not be fully functional, but that is being offered to test the feature or Come Thru Service and to develop its utility for the Come Thru community.

LICENSE TO USE THE Come Thru Service

Subject to your compliance with these Terms of Come Thru Service, Come Thru grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to access and make personal use of this Come Thru Service and not to download (other than page caching) or modify it, or any portion of it, except with Come Thru's express written consent. The foregoing license does not include any resale or commercial use of the Come Thru Service or its contents; any derivative use of the Come Thru Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Come Thru Service, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Come Thru's express written consent. Use of the Come Thru Service that constitutes abuse shall be determined by Come Thru, in its sole discretion. Come Thru reserves the right to terminate your account if Come Thru determines you have not complied with these Terms of Service.

RESTRICTION ON USE OF CONTENT

You acknowledge that the Come Thru Service may contain information, software, photos, video, text, graphics, music, sounds or other material (hereinafter "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content, taken together in its entirety, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.

Modification of the Content or use of the Content for any purpose other than for your use of the Come Thru Service, including use of any such Content on any other web site or networked computer environment, is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Come Thru Service, including the Content.

TRADEMARKS

The "Come Thru" name and related stylized logos are registered and/or trademarked marks of Come Thru. Our partners may also have additional proprietary rights in the content which they make available through the Come Thru Service. The trade names, trademarks and Come Thru Service marks owned by us, whether registered or unregistered, may not be used in connection with any product or Come Thru Service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Come Thru Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Come Thru Service marks without our express prior written consent.

MATERIALS SUBMITTED THROUGH THE Come Thru Service

You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials (" Materials") that are transmitted, posted, or distributed by you through the Come Thru Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted or sent by you to or through the Come Thru Service. All Materials posted or sent by you, are your sole responsibility. By posting or sending Materials You represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.

Come Thru does not control the Materials posted or sent through the Come Thru Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Come Thru Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable.

UNDER NO CIRCUMSTANCES WILL Come Thru BE LIABLE IN ANY WAY FOR ANY MATERIALS POSTED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE Come Thru Service.

You agree that if you post any Materials through the Come Thru Service, you automatically grant to Come Thru, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, publicly perform, transmit, modify, publish, translate, adapt, redistribute, sublicense and reproduce such Materials to other users of the Come Thru Service and to third parties with whom Come Thru has a relationship. You also grant Come Thru the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Come Thru Service.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Come Thru Service or otherwise stored in connection with the Come Thru Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Come Thru Service, and the circumstances surrounding the transmission thereof, to (1) any third party as permitted in Come Thru’s Privacy and Data Use Policy; (2) comply with applicable laws, (3) respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of Come Thru, the Come Thru Service visitors or the public, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce these Terms of Come Thru Service.

RESTRICTIONS ON USE OF THE Come Thru Service

You agree not to do the following on or through the Come Thru Service:

  1. Post, transmit, or otherwise make available, through or in connection with the Come Thru Service anything that is or may be:
    1. unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
    2. defamatory; libelous or invasive of another's privacy;
    3. fraudulent or tortious;
    4. vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable;
    5. protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; or
    6. a virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
    7. an unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity;
    8. any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
    9. Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  2. Use the Come Thru Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Come Thru Service.
  3. Harm minors in any way, including use of inappropriate images or words directed at or about said minors.
  4. Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  5. Interfere with or disrupt the operation of the Come Thru Service or the servers or networks used to make the Come Thru Service available; or violate any requirements, procedures, policies or regulations of such networks.
  6. Restrict or inhibit any other person from using the Come Thru Service, including without limitation by hacking or defacing any portion of the Come Thru Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Come Thru Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  7. Use the Come Thru Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or Come Thru Services without our express prior written consent; or use the Come Thru Service in a commercial manner, unless otherwise expressly allowed by Come Thru.
  8. Use the Come Thru Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone's intellectual property rights, or is otherwise offensive or inappropriate as determined in Come Thru's sole discretion.
  9. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Come Thru Service.
  10. Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Come Thru Service any directory of Come Thru's users or usage information or any portion thereof other than in the context of your use of the Come Thru Service as permitted under these Terms of Come Thru Service.
  11. Attempt to gain unauthorized access to the Come Thru Service, other accounts, computer systems or networks connected to the Come Thru Service, through password mining or any other means.
  12. Remove any copyright, trademark or other proprietary rights notice from the Come Thru Service or Content or Materials originating from the Come Thru Service.
  13. Frame or mirror any part of the Come Thru Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Come Thru Service.
  14. Create a database by systematically downloading and storing content from the Come Thru Service.
  15. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  16. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Come Thru Service or reproduce or circumvent the navigational structure or presentation of the Come Thru Service.
  17. Engage in any other conduct which, in Come Thru's sole discretion, is considered inappropriate, unauthorized or objectionable.

In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Come Thru Service.

In order to permit us to protect the quality of our products and Come Thru Services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Come Thru Service. Your use of the Come Thru Service is subject to all applicable local, state, national and international laws and regulations.

LINKS TO THIRD PARTY SITES

The Come Thru Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, Come Thru Services or other materials (collectively, " Third Party Materials") on or available from such sites or resources.

You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Come Thru has no control and which will govern your rights and obligations with respect to the use of those such third party's products, Come Thru Services or Websites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Come Thru, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns ("Come Thru Parties") from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Come Thru Service, including, but not limited to, all content therein and any products or Come Thru Services obtained by you through the Come Thru Service, (ii) the violation of these Terms of Come Thru Service by you, (iii) the infringement by you (or other user of the Come Thru Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation (all of the foregoing, "Claims and Losses"). You agree to cooperate as required by Come Thru Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Come Thru Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses, and reserve the right to assume the defense and control of any Claims and Losses.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE Come Thru Service IS AT YOUR SOLE RISK. THE Come Thru Service IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Come Thru EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE Come Thru Service, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE Come Thru Service.

Come Thru MAKES NO WARRANTY THAT THE Come Thru Service WILL MEET YOUR REQUIREMENTS, OR THAT THE Come Thru Service WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Come Thru MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Come Thru Service OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Come Thru Service OR THAT DEFECTS IN THE Come Thru Service WILL BE CORRECTED. YOU ACKNOWLEDGE THAT Come Thru DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR Come Thru ServiceS OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE Come Thru Service, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR Come Thru ServiceS PROVIDED BY LICENSE TO Come Thru FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS.

Come Thru ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE Come Thru Service, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE Come Thru Service. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE Come Thru Service.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT Come Thru SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Come Thru HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE Come Thru Service; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND Come Thru ServiceS; (III) ANY GOODS OR Come Thru ServiceS PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH Come Thru OR A THIRD PARTY THROUGH THE USE OF THE Come Thru Service; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE Come Thru Service OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA.

YOU SPECIFICALLY AGREE THAT Come Thru IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE Come Thru Service, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Come Thru’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE Come Thru Service AND YOUR RIGHTS UNDER THESE TERMS OF Come Thru Service, EXCEED AN AMOUNT EQUAL TO THE GREATER OF (I) THE AMOUNT YOU HAVE PAID Come Thru IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S), OR (II) ONE HUNDRED DOLLARS ($100).

TERMINATION AND MODIFICATION OF THE Come Thru Service

You agree that we, in our sole discretion, may terminate your password, account, or Come Thru Pro Plan or other Come Thru subscriptions (or any part thereof) or use of the Come Thru Service, and remove and discard any Materials within the Come Thru Service, for any reason, at any time, without notice to you. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Come Thru Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Come Thru Service.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Come Thru Service, including, but not limited to (i) restricting the time the Come Thru Service is available, (ii) restricting the amount of use of the Come Thru Service permitted, and (iii) restricting or terminating any user's right to use the Come Thru Service, with or without notice; (b) charge fees in connection with the use of the Come Thru Service; (c) modify and/or waive any fees charged in connection with the Come Thru Service; and/or (d) offer opportunities to some or all users of the Come Thru Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Come Thru Service, in whole or in part, or of any Come Thru Service, content or feature offered through the Come Thru Service.

JURISDICTIONAL ISSUES

The Come Thru Service is controlled and operated by Come Thru from the United States, and is not intended to subject Come Thru to the laws or jurisdiction of any territory other than that of the United States. Come Thru does not represent or warrant that the Come Thru Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Come Thru Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Come Thru Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE BASED IN THE UK OR EU, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU FOR: DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

IF YOUR STATE HAS APPLICATIONS AND INTERPRETATIONS OF “LIMITATION OF LIABILITY”, “DISCLAIMER OF WARRANTIES”, “INDEMNITY” AND “RELEASE” THAT DIFFER FROM Come Thru’s NOTE THAT THESE LEGAL TERMS CAN ONLY BE AS BROAD AS IS PERMITTED UNDER THE LAWS OF YOUR STATE. IF ANY PORTION OF THESE SECTIONS ARE HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

NOTICES

Come Thru may give notice to you by email, a posting on the Come Thru Service, or other reasonable means. You must give notice to Come Thru in writing via email or as otherwise expressly provided by Come Thru. Come Thru may broadcast, distribute or display notices or messages through the Come Thru Service to inform you of changes to these Terms of Come Thru Service, the Privacy Policy or other matters of importance. Such broadcasts, distributions or displays of information shall constitute notice to you.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

These Terms of Come Thru Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Come Thru.

These Terms of Come Thru Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Come Thru Service shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

You agree that any claim or cause of action arising out of your use of the Come Thru Service or these Terms of Come Thru Service must be initiated within one (1) year after such claim or cause of action arose (two (2) years for residents of Texas) or it shall forever be barred, notwithstanding any statutes of limitations or other law to the contrary. Within this period, any failure by Come Thru to enforce or exercise any provisions of these Terms of Come Thru Service or related right shall not constitute a waiver of that right or provision.

If any provision of these Terms of Come Thru Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Come Thru may assign these Terms of Come Thru Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Come Thru Service or any or all of your rights or obligations under these Terms of Come Thru Service without Come Thru's express prior written consent. These Terms of Come Thru Service will inure to the benefit of Come Thru's successors, assigns and licensees.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

This is the entire agreement between you and Come Thru relating to the subject matter herein and may not be modified by you.

Software related to or made available by the Come Thru Service may be subject to export controls of the U.S.A. No software from the Come Thru Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or Come Thru Services (which, as of the effective date of these Terms of Come Thru Service, includes but may not be limited to Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls.

Without limitation, you agree that a printed version of these Terms of Come Thru Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Come Thru Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MANDATORY ARBITRATION; WAIVER OF CLASS ACTIONS.

IF YOU ARE A NON-EU OR UK RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

Agreement to Arbitrate. All disputes arising out of or relating to your use of the Come Thru Service, any purchase you make, any information you provide, these Terms of Come Thru Service (including the formation, performance or alleged breach), and your use of the Come Thru Service will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute.

The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, we will promptly reimburse you for any standard filing fee WHERE THE RELIEF SOUGHT BY YOU IS LESS THAN $75,000 and which may have been required under AAA Rules once you have notified us in writing and provided a copy of the arbitration proceedings.

If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Come Thru will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Come Thru will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

However, if Come Thru is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Come Thru. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Los Angeles, California, but may proceed telephonically if the claimant so chooses.

The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Come Thru Service may be joined to an arbitration involving any other party subject to these Terms of Come Thru Service, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located to enforce these Terms of Come Thru Service or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

NO CLASS ACTIONS:

Any disputes arising out of or relating to your use of the Come Thru Service, any information you provide via the Come Thru Service, or these Terms of Come Thru Service (including their formation, performance or alleged breach) shall be submitted individually by you, and shall not be subject to any class action or representative status. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others or participate as a member of a class of claimants with respect to any claim submitted to arbitration.

The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

ARBITRATION CHANGES & OPT-OUT:

Notwithstanding any provision in this Terms of Service to the contrary, Come Thru agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Come Thru written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.

Dispute Resolution for UK/EU Users – For Users Entering into these Terms as Individuals

If you are a consumer in the UK or the EU, these Terms shall be governed by the applicable law of the country in which you live and any dispute between you and us regarding these Terms will be dealt with by the courts in the country in which you live.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be a useful tool to use if there is a dispute that cannot be resolved between You and Come Thru.

COPYRIGHT AND COPYRIGHT NOTICES

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact our Copyright Agent for Notice of claims of copyright infringement at:

Bblender, Inc. (DBA Come Thru)9942 Culver Blvd

Culver City, CA 90232

info@heycomethru.com

It is often difficult to determine if your copyright has been infringed. Come Thru may elect to not respond to notices that do not substantially comply with all of the foregoing requirements, and Come Thru may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the copyright law requirements.

INFORMATION OR COMPLAINTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Come Thru Service, please send an email to info@heycomethru.com. You may also contact us by writing to Bblender, Inc., 9942 Culver Blvd, Culver City, CA 90232, Attention: Customer Service Come Thru. California residents may reach the Complaint Assistance Unit of the Division of Consumer Come Thru Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

MODIFICATIONS TO THESE TERMS OF Come Thru Service

Come Thru reserves the right to amend these Terms of Come Thru Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Come Thru Service on the Come Thru Service. You can determine when these Terms of Come Thru Service were last revised by referring to the "Last Updated" legend at the top of this page. By continuing to use the Come Thru Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with these Terms of Come Thru Service or any changes thereto, please do not continue using this Come Thru Service.

© Bblender, Inc. 2024. All rights reserved.