Turn It Blue Digital | Terms of Service

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720-432-8743 | 202-599-0194

Last Updated 03/15/2022

Welcome, and thank you for your interest in Turn It Blue Digital LLC (“TIB”, “we”, “our”, or “us”). The following Terms of Use (“Terms” or “Agreement”) constitutes a legally binding contract between you, or if you represent an entity or other organization, that entity or organization (in either case, “you” or “user”) and TIB regarding your use of our website and other related features or services (collectively the “System”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING WWW.TURNITBLUEDIGITAL.COM (THE “SITE”), THE SYSTEM, OR ACCESSING ANY SERVICE OFFERED BY US, INCLUDING BUT NOT LIMITED TO LAUNCH KITS, SUPPORT KITS, CONTENT KITS, CAMPAIGN BOOSTS, OR THE SELF-SERVICE ADVERTISING PLATFORM (THE “SERVICE”). UNLESS YOU ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE, SYSTEM OR ANY SERVICES.

BY PLACING AN ORDER FOR SERVICES PROVIDED ON THE SITE AND/OR SYSTEM OR BY VISITING, BROWSING, OR ENGAGING WITH THE SITE OR SYSTEM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT. UNLESS YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH US REGARDING THE SERVICE, THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND US REGARDING YOUR ACCESS TO AND USE OF THE SYSTEM AND SERVICE.

Please read the Turn It Blue Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, and disclosure of your personal information. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

If you don't agree with any term or condition in this Agreement or if you are not eligible to use the System or to consent to the Terms, please DO NOT use the System or the Services.

We may modify these Terms from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your continued access or use of the System after such posting constitutes your consent to be bound by the Terms, as amended.

These Terms of Service are organized into the following thirteen sections:

You may visit the Site and make purchases of certain Services without registering to become a Member. However, in order to enjoy all the benefits of the System, you must register and become a Member and be a resident of the United States.

By using the System, you represent and warrant that:

you are at least 18 years of age;
that you are legally able to enter into a binding contract;
that you have not previously been suspended, removed, or deactivated from the System; and
that your Membership and your use of the System complies with any and all applicable laws and regulations, including those pertaining to campaign finance, campaign spending, and electioneering communication.

If you are using the System on behalf of a legal entity, including, but not limited to, a Candidate Campaign Committee, Political Action Committee, or a tax exempt organization as defined by the laws of the state in which you are operating (the “Member Organization”), you hereby represent and warrant that:

you have the authority to enter into these Terms on behalf of the Member Organization; and
agree to be bound by the Terms individually, even when acting on behalf of the Member Organization.

In such a case, "you" in these Terms refers to your Member Organization, and any individual authorized to use the Service on behalf of the Member Organization, including you.

To be eligible to use the System, you must comply with all local laws regarding online conduct, acceptable content, and campaign finance regulations and electioneering laws, and you must agree to pay all applicable taxes. Use of the System is void where prohibited by law.

Certain Services may be subject to additional terms and conditions that we may include on the Site or in the System from time to time. To be eligible for such Services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement, including but not limited to the Terms of Service and Agreements governing the use of third-party Sites, such as (but not limited to) Facebook, Twitter, Instagram, Canva, ActionNetwork, ActBlue, Stripe, MediaMath, and L2.

We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We also may, in our sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Service within the System. If we ban you from the Site or any Service, you may not return to the Site or use that Service or any other feature of the System for any reason or in any manner, including with a new username or identity. In the event that you return, or attempt to return, to the System after you've been banned, you will be deemed to have breached this Agreement, and we reserve the right to pursue all rights and remedies available at law or in equity with respect to such breach.

License. Subject to your compliance with these Terms, TIB grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Site and System in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Site, System, and/or Services. These Terms permit you to access and use the System and Services for the benefit of the single individual or entity to whom the license has been granted. The Turn It Blue System is for the sole use of the individual or entity to whom the license is granted. Any rights not expressly granted herein are reserved by TIB and TIB’s licensors.

Registration, Membership and Account Information. Some of our Services require that you register and establish an account with us (“Member” or “Membership”). When you register to access those Services, you will be asked to create an account and to provide us with certain information about yourself and/or your organization (your "Information"). Your Information will be used in accordance with our Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration.

We may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information. Approval of your registration, activation and termination of your account is in our sole and absolute discretion.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE, THE SYSTEM, AND THE SERVICES BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS OR USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS, INCLUDING ACCESS TO OR USE OF THE SHARED “WALLET” IN YOUR ACCOUNT) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You will immediately notify us of any unauthorized use of your password or account or any other breach or threatened breach of the System’s security. We and our affiliate organizations will not be liable for any loss or damage arising from your failure to comply with this Section.

You may not transfer or sell your account or username to any other party. You are fully responsible for all activity of your account and username.

To cancel your Membership, please contact Turn It Blue Support via hello@turnitbluedigital.com in accordance with the provisions of Section 6 below as necessary.

Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent TIB’s advertising platform tools or features or other Services, including for the purpose of avoiding the obligation to pay fees related to TIB’s provision of the Services.

Additional Prohibited Uses. You are prohibited from using the Site, System and/or Services in any manner not expressly permitted under these Terms. Without limiting the foregoing, and for illustrative purposes only, you are not permitted to:

Republish, reproduce, duplicate, copy, sell, rent, distribute, create derivative works, publicly display, publicly perform, store, transmit or sub-license the Site, System, or Services or material from the Site, System, or Services;
Copy the Site, System or Services or modify copies of any materials from the Site, System or Services;
Delete or alter any copyright, trademark or other proprietary notices from copies of materials from the Site, System or Services;
Create frames around our online content or use other techniques that alter in any way the visual presentation or appearance of the Site or System (without prior written approval by Turn It Blue);
Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the System;
Use the Site for any unlawful purposes or in any way that violates any applicable federal, state, local or international law or regulation;
Transmit or procure the sending of any advertising or promotional material without prior written consent, including any junk mail, chain letter, or spam;
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or System, or which, as determined by us, may harm Turn it Blue or users of the System or expose them to liability;
Access content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services
Attempt to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization;
Attempt 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 TIB in providing the Site, System or Services;
Use the Site or System or any of its data or other information, elements or related facilities or capabilities or any data derived therefrom to solicit the performance of any activity or otherwise engage in activity that is prohibited by or would violate any applicable law, rule, regulation, agreement or legal obligation, including without limitation to advertise anything illegal, engage in any illegal, deceptive, misleading or fraudulent business or advertising practice, or take any other action that could result in claims, fees, fines, penalties or other liability to TIB or any of its affiliated companies, or to you;
Scrape any ads that have been served using the System, or use any other automated means of data extraction to access, query or otherwise collect any information related to ads that have been served using the System;
Use a payment method (e.g., credit card) to fund your account or pay fees without the authorization of the payment method holder; or
Access the Site or System in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions or graphics of the System, or (iii) copy any ideas, features, functions or graphics of the System.

Compliance with Laws. You acknowledge that the System is a general purpose online service and is not specifically designed to facilitate compliance with any specific law, rule or regulation, including, but not limited to laws regarding use of campaign materials and/or electioneering communications. Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site, System or Services is not meant to serve as a substitute for independent professional advice, including legal advice as to compliance with applicable campaign finance laws. Your use of the System in compliance with any specific law, rule or regulation applicable to you, or to data you collect using the System or other data or information you may provide or generate through the System, is your sole responsibility. We are not responsible for enabling your compliance with any such law, rule or regulation or for your failure to comply. Using the System in any manner inconsistent with applicable laws is considered a breach of these Terms. You represent and warrant to TIB that your use of and access to the System will comply with all applicable laws, rules and regulations and will not cause TIB itself to violate any applicable laws, rules and regulations.

Non-Exclusive Use. You understand that the Site, System and the Services provided by TIB are not provided to any user, Member or Member Organization for exclusive use. By using the System, you acknowledge and understand TIB may provide the Site, System and the Services to other users, Members or Member Organizations, including, but not limited to users, Members, or Member Organizations who may directly or indirectly compete with you, without regard to geographical area or any conflicts of interest.

Risk Assumption and Precautions. You assume all risk when using the Site and the System.

Reporting of Violations. You agree to report to us promptly any violation of these Terms or any alleged improprieties of any Users. You can contact us at hello@turnitbluedigital.com.

Beta Features. From time to time, we may offer new "beta" features or tools with which Users may experiment on the System. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at TIB’s sole discretion. The provisions in Section 10 regarding Disclaimer of Warranty apply to such features or tools.

As a user of the System, including, but not limited to the advertising platform Service, you may be able to create, submit, upload, transmit, or publish textual, audio and/or visual content, including, but not limited to, ad creative and feedback (the “User Content”). You are solely responsible for any User Content you create, submit, upload, transmit, or publish using the System, and once submitted, uploaded, transmitted, or published cannot always be withdrawn. You must backup, and maintain offline copies of, all User Content that you upload to the System. TIB is not responsible to make such backups on your behalf and will not be liable to you or to any third party for the deletion of or damage to your User Content.

Content Restrictions. You will not create, submit, upload, transmit, or publish User Content or otherwise engage in any activity using the System or Service that:

contains others' copyrighted content unless you have written permission from the copyright owner;
contains or discloses another person's personal information without their written permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
implies that the User Content is in any way endorsed or sponsored by TIB;
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
is intended to harass, annoy, threaten or intimidate anyone;
is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
violates the applicable rules of the publisher upon whose site or service you want your ads served. If you are uncertain as to whether your ad meets the publisher’s guidelines, you should contact us prior to uploading your ad in order to avoid interruptions, penalties, account suspension or closure;
violates any content guidelines or policies provided by TIB to users in the System, by email or otherwise; or
otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.

Content Removal. We may, but we have no obligation to, review User Content submitted on the System. We may remove any such User Content that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of TIB.

Our Right to Use Your User Content. By using the System to create, submit, upload, transmit, or publish User Content, you grant, and you represent and warrant that you have the right to grant, to TIB, its affiliated parties, licensees and successors, an irrevocable, sublicensable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide right and license to use, copy, perform, display, reproduce, adapt, modify and distribute such User Content in any media (including but not limited to print, email, digital and/or Internet) and to prepare derivative works of, or incorporate into other works, such User Content in connection with the operation of the System and Services and for promotional, publicity, marketing or advertising purposes, without further review, notification or approval by you or additional consideration to you.

Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the System (“Feedback”), then you hereby grant Turn It Blue an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the System and create other products and services.

By TIB. TIB may, in its sole discretion, for any reason or no reason, with or without notice terminate or suspend your Subscription and/or your account and your access to the Site or System. Unless otherwise decided by TIB, such termination or suspension will be effective immediately. If your account has been terminated by TIB, you may not re-register without TIB’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).

By User. As a user, you may terminate your account at any time by contacting us at: hello@turnitbluedigital.com. You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a subscription, you may cancel it in accordance with Section 6.

Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and System that require account registration. If your account is terminated, your profile will no longer be displayed, but other User Content you have uploaded or transmitted may or may not (in our sole discretion) remain on the Site or System. Any User Content associated with your account after your account's termination may not be available to you if you re-register with TIB. If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Site, System and/or Services, your use will continue to be governed by these Terms. In addition, regardless of your discontinuation to use or access the Site or System, Sections 1- 4, and 6-13 of these Terms will continue in full force and effect.

Third Party Services. Turn It Blue may provide tools through the System that enable you to export User Content and information to third party services, including through use of an API or by linking your account on Turn It Blue with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service.

Third Party Websites. The System, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third party services or websites. BECAUSE WE LINK TO OUR RETAIL PARTNERS’ WEBSITES THAT WE DO NOT CONTROL, YOU MAY ALSO BE REQUIRED TO AGREE TO THE TERMS OF USE OF SUCH RETAIL PARTNERS’ SITES OR APPS AS WELL.

Linking to Our Site. You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

The below-listed organizations may link to our Site by use of our corporate name or by use of the uniform resource locator (Web address) without prior written approval so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

Government agencies;
Search engines;
News organizations;
Online directory distributors, if the Site is linked to in the same manner as the web sites of other listed businesses; and
Systemwide Accredited Businesses, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.

If you are linking to our Site, we reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our System. You agree to immediately remove all links to our Web site upon such request.

We may terminate your use of the System and Services offered on the Site at any time, for any reason and Turn It Blue may prohibit your use of the Site and Services offered on the System at any time in our sole discretion. These Terms shall remain in effect at all times after the termination of your use of the Site and the services offered on the Site.

Fees and Subscriptions. Where indicated on the Site, fees are charged to access and use the System and certain Services on the Site, which include one-time services (e.g., Launch Kits), subscriptions for monthly services (e.g., Support Kits and Content Kits), and access to and use of our ads platform (“TIB Ads”). For example, users may purchase Launch Kits and certain Campaign Boosts (e.g., Premium Website Development) for the flat fees set forth on the Site. Users may subscribe on the Site to receive monthly content ("Content Kits") containing templates for digital campaign resources or monthly support (“Support Kits”) providing a set number of support requests each month, and other subscriptions as indicated on the Site (collectively, “Subscriptions”). TIB Ads allows registered users who set up a “Wallet” in their account to purchase ads on a campaign by campaign basis, to pre-pay and maintain an account balance in their “Wallet” for future use, to pay fees for certain managed Services and certain targeting capabilities like list-matching services, and to purchase ad templates from our “Creative Shop”.

Turn It Blue offers two different recurring payment options for Subscriptions: (1) an automatically billed monthly subscription ("Monthly Membership"); and (2) an automatically billed annual subscription ("Annual Membership"). There may be a brief wait to receive your first subscription. You will not be billed until your account is activated. Once billed, you can expect to receive your materials the following calendar month.

Services, including the one-time services, subscriptions for monthly services, and access to and use of TIB Ads, and fees (including which Services are charged fees) are subject to change or termination by TIB from time to time without notice. If there is any change to the Subscription plans or fees, the pages listing the current one-time services fees, Subscription plans and TIB Ads fees, respectively, will be updated.

Users who use these fee-based Services agree to pay TIB the applicable fees then in effect. In addition, users authorize TIB to charge their chosen payment provider for use of the Site. TIB reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there is any change to the Subscription plans or one-time services (e.g., add-ons) available thereunder. Subscriptions, fee credits (if any), TIB Ad credits, and any other items or benefits associated with a user's account are nontransferable.

Subscription Renewals and Cancellation. Subscriptions will continue until canceled by the user. You may cancel your Subscription at any time, subject to the terms of our cancellation policy below. At the end of your Subscription period, your Subscription will automatically renew for the same Subscription period (for example, monthly or annually) at the then-current Subscription rate for the applicable Subscription plan, unless you cancel your Subscription before it renews. For example, if you signed up for an annual Subscription plan, at the end of the initial one-year period if you haven't yet canceled your Subscription, your Subscription will be automatically renewed for another one-year period at the then-current rate for annual Subscriptions. For any automatic renewal, you authorize TIB to charge your selected payment method the then-current applicable fee in accordance with the Subscription plan you selected.

If you wish to terminate automatic payments, you must email billingsupport@turnitbluedigital.com within fourteen (14) days of your plan renewal OR process any account changes via your online portal.

You may not return any Service or product you receive. If you have concerns about the Services or products you have received, please email us at success@turnitbluedigital.com. We will work with you to address your concerns.

If you cancel your Services, you can resubscribe at any time, subject to the terms outlined herein.

ALL PAYMENTS MADE IN THE TURN IT BLUE ADS PLATFORM OR FOR ANY TURN IT BLUE SERVICES OR PRODUCTS ARE FINAL .

Payments for all non-advertising products are non-refundable and non-transferrable upon purchase. In the case of recurring subscriptions, you may cancel at any time, and you will not be charged at the next renewal period. TIB does not offer any pro-rated refunds, nor allow for early termination of a subscription prior to the subsequent renewal date.

Like all other TIB products, any account balance maintained in a user’s “Wallet” is considered non-refundable upon purchase. However, any unused account balance may be held in your account for use at a later date, up to and including one year (365 days) from the original date of purchase. Your account balance may also be transferred to another TIB Ads user, so long as both parties and TIB agree to that transfer in writing. Please contact billingsupport@turnitbluedigital.com to request a transfer of any account balance maintained in your “Wallet”.

If you are dissatisfied with the results of your Launch Kit, Content Kit, or Support Kit, please reach out to our customer service team at success@turnitbluedigital.com and we will attempt to remedy the issue to the best of our ability.

WE OFFER NO WARRANTY AS TO THE ACCURACY OF AUDIENCE, DELIVERABILITY, PERFORMANCE, OR PLACEMENT OF ADVERTISING. Turn It Blue, our staff, or our agents, are not responsible for ensuring the accuracy, deliverability, or performance of the self-serve advertising placements deployed using our System, nor are we able to offer refunds in the event advertising does not perform as you expected. Any projections or estimates as it pertains to your anticipated advertising results or the past results of clients utilizing our system may not reflect your actual results.

Promotional Offers. From time to time, TIB will give you the opportunity to take advantage of special offers (collectively "Offers") on our System. All Offers are for a limited time only and while supplies last. The terms of these offers will be displayed in the area where you see the Offers, including their expiration dates and any other limitation or clarifications about how to redeem the Offers, including the item(s) eligible for the Offers. Offers are only for the products or services listed and unless otherwise indicated, for a single purchase or a single item per natural person. Coupons may not be used more than once, in most cases. Coupons and special offers may not be redeemed for cash, unless otherwise indicated.

Payment Information. If you purchase a Subscription or use any of TIB’s fee-based Services, you agree to TIB and/or its third-party payment processor storing your payment card information. Users with Subscriptions and access to and use of TIB Ads are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 4, TIB may terminate a user's Subscription and/or TIB Ads account if the user's payment card information is expired or is otherwise invalid.

If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.

We are also not responsible for any erroneous charges that you process in your self-serve online payment portal. If you accidentally charge a Service or product to your account that you did not intend to, please contact us as soon as possible athello@turnitbluedigital.com. If we are able to stop and/or reverse the charge prior to it processing, we will make every effort to do so. If the charge has already processed, we will work with you to resolve the charge once it clears through to our account. There may be a delay of up to 14 business days to reconcile these erroneous charges. We may require that you cover the cost of the credit card or bank processing fees (up to five percent - 5% - of the transaction amount) that are associated with the refund of any erroneous charges that were no fault of ours.

Prices are quoted in U.S. dollars. You agree to pay in full the price for each TIB Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to us as each payment, if any, is due. You agree to pay all applicable taxes, if any. If we do not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

ALL PAYMENTS MADE IN THE TURN IT BLUE ADS PLATFORM OR FOR ANY TURN IT BLUE PRODUCTS OR SERVICES ARE FINAL.

By registering to become a Member, you agree that we may send you electronic communications, including but not limited to text (SMS) messages or electronic mail (E-Mail) in order to provide you with the Services offered through the System. You may opt-out of receiving text (SMS) messages from us at any time by contacting Turn It Blue Customer Service via hello@turnitbluedigital.com , and you may opt-out of receiving E-Mails by clicking the “unsubscribe” link in the footer of any email from us, provided however that opting out of text (SMS) messages or E-Mails may affect your use of the System. You may continue to receive text messages or E-Mails for a short period while we deactivate your account, and you may also receive text messages or E-Mails confirming the receipt of your deactivation request.

By using the System, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

As always, message and data rates applied by your carrier may apply for any messages sent to you from us and to us from you. Message frequency depends on the user's interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

As a Member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you newsletters and other promotional correspondence. Additionally, we may employ the use of cookies and other automatic means of collecting information about you, your use of the Site, System or your device. By using the Site and/or System you consent to the use of cookies and other automatic means of collection in accordance with our Privacy Policy.

From time to time, TIB may offer special promotions, credits, awards or discounts ("Promotions"). All Promotions will be run at the sole discretion of TIB, and can be modified or terminated at any time by TIB with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, TIB may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.

Copyright. The Site and the content of the System and Services, including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is owned by Turn It Blue, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.

Trademarks. All trademarks, service marks and trade names of Turn It Blue on the Site and/or System are owned by Turn It Blue. Any other trademarks, service marks, logos and/or trade names appearing on the Site and/or System are the property of their respective owners. You agree that you recognize the rights of TIB and the respective third parties in those marks. You may not use such marks without Turn It Blue’s or the respective owner’s prior written consent or as otherwise explicitly provided in these Terms.

Ownership and Use. TIB retains ownership of its intellectual property, and you have no rights to TIB's intellectual property or TIB's rights in its intellectual property. Except to the extent you are actually reading materials on the Site and/or System or materials included in the Services, as you use the Site, System or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, System or Services, other than User Content you create.

Your Content. Other than the non-exclusive license granted to TIB with respect to User Content (described in Section 3 above), TIB will not acquire an ownership interest in the User Content you upload.

Disclaimer of Warranty. THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TURN IT BLUE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS:

ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT;
ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE;
ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, SYSTEM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND
ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SITE, SYSTEM OR SERVICE.

ADDITIONALLY, NO ADVICE OR INFORMATION FROM TURN IT BLUE TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY.

TURN IT BLUE DOES NOT REPRESENT OR WARRANT THAT THE SITE AND SYSTEM AND FEATURES AND FUNCTIONS CONTAINED ON THE SITE AND SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE, SYSTEM OR THE SERVER THAT MAKES THE SITE AND SYSTEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE AND SYSTEM. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK, AND TURN IT BLUE DIGITAL HAS NO LIABILITY RESULTING FROM SUCH RISK.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TURN IT BLUE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT TURN IT BLUE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

Release. YOU AGREE TO RELEASE TIB AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE AND THE SYSTEM, (II) YOUR USE OF THE SERVICES, OR (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.

Limitation of Liability. IN NO EVENT SHALL TURN IT BLUE, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE, SYSTEM OR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, SYSTEM OR SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, OR OTHER ECONOMIC LOSSES INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR USE, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE, THE SITE, SYSTEM, OR SERVICES, EVEN IF TURN IT BLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TURN IT BLUE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR OUR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EXCEPT AS PROVIDED FOR HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF TURN IT BLUE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR CIRCUMSTANCES ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF: (1) THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM; AND (2) USD $100.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TURN IT BLUE AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT TURN IT BLUE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TURN IT BLUE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE, THE SYSTEM, OR THROUGH THE SERVICE.

Sole and Exclusive Remedy. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, SYSTEM OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE, SYSTEM AND SERVICES.

You agree to indemnify, defend and hold harmless Turn It Blue, its officers, directors, employees, agents, licensors and suppliers from and against all claims or demands of losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and costs incurred by TIB and its affiliated parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your violation of the Terms or any representation, warranty, or agreements whether or not referenced herein, or any applicable law or regulation; (ii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iii) any disputes or issues between you and any third party; or (iv) your use, misuse, or inability to use the Site or System, including negligent or wrongful acts or omissions by you or any other person accessing the Site or System using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Turn It Blue respects the intellectual property rights of others and expects users to do the same. We may remove content that, in our sole discretion, appears to infringe the intellectual property rights of others. In addition, we, in our sole and absolute discretion, may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any content on the Site or System infringes your copyright, you may request removal of those materials from the Site by contacting TIB’s copyright agent (identified below) and providing

the following information:

A description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Turn It Blue System (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material);
Your contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and
An electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright.

TIB’s Copyright Agent is:

Governing Law and Venue. Colorado law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and TIB, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state courts in the City and County of Boulder, Colorado, USA or federal courts located in the City and County of Denver, Colorado.

WAIVER OF RIGHT TO JURY TRIAL. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THESE TERMS, ANY OTHER AGREEMENT RELATED HERETO OR WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY WOULD BE BASED UPON DIFFICULT AND COMPLEX ISSUES, AND THEREFORE, THE PARTIES AGREE THAT ANY COURT PROCEEDING ARISING OUT OF ANY SUCH CONTROVERSY WILL BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

LIMITATION ON ACTIONS. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF OUR SITE, SYSTEM OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH ACTION WILL BE PERMANENTLY BARRED.

Waiver and Severability. No waiver of any provision of the Terms by TIB will be effective unless in writing and signed by TIB. 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. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in effect.

Assignment. You may not assign, delegate or transfer these Terms in whole or in part, without TIB’s prior written consent. TIB may assign, transfer or sublicense any or all of TIB’s rights or obligations under these Terms without restriction.

Notices. Any notices provided by TIB under these Terms may be delivered to you within the Services. You hereby consent to receive notice from TIB through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Except as otherwise specified in these Terms, any notices to TIB under these Terms must be delivered via first class registered U.S. mail, overnight courier, to Turn It Blue Digital LLC, Attn: General Counsel, 780 Utica Avenue, Boulder CO 80304.

Force Majeure. Neither party will be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving TIB’s or your employees, respectively), pandemic, computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility, Internet disruptions, or communications failures. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

Relationship of the Parties. These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TIB.

Entire Agreement. These Terms, together with any terms and policies that are incorporated into these Terms by reference (including by reference to a URL), constitute the entire agreement and supersedes any prior agreements between you and TIB with respect to the subject matter hereof. These Terms supersede and replace all prior and contemporaneous agreements, proposals or representations, written or oral, between TIB, on the one hand, and you on the other hand.

Contact Information. If you have any questions regarding TIB, the Service, or the Terms please visit our Help Center at https://helpdocs.turnitbluedigital.com. If you are unable to log-in to the Help Center, please send an email to hello@turnitbluedigital.com. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

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Turn It Blue Digital, LLC

Terms of Service

1. ELIGIBILITY

2. USE OF THE SITE, SYSTEM AND SERVICES.

3. USER CONTENT, CONTENT RULES AND GUIDELINES, AND FEEDBACK.

4. TERMINATION

5. THIRD PARTY LINKS AND SITES.

6. PAYMENT, SUBSCRIPTION, CANCELLATION AND REFUND POLICIES.

7. EMAIL AND TEXT MESSAGE COMMUNICATIONS.

8. PROMOTIONAL OFFERS AND CREDITS.

9. INTELLECTUAL PROPERTY RIGHTS

10. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

11. INDEMNIFICATION

12. DIGITAL MILLENNIUM COPYRIGHT ACT

13. GENERAL PROVISIONS