Terms and Conditions

Acceptance of Terms

By downloading, accessing, or using the mobile application, websites or other products or services (collectively, the "Service") in any manner, you agree to all terms and conditions contained herein, which also includes the privacy policy of Blipd, LLC ("Blipd"), (and any other documents/pertinent guidelines). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Basic Terms

  1. You must be 13 or older.
  2. You may not post inappropriate types of content (nude, violent, unlawful, hateful, pornographic, etc.).
  3. You are responsible for your use of the service, for any content you post to the services, and any consequences thereof. Only provide content you are comfortable sharing with others.
  4. You are responsible for keeping your password secret and secure.
  5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people. You must not post confidential information through the Service, your or any other person's credit card, social security, non-public phone numbers, or non-public email addresses.
  6. You may not use the service for any illegal purposes and must comply with all laws, rules, and regulations applicable to your use of the Service and your Content, including but not limited to, copyright laws.
  7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Blipd.
  9. You must not access Blipd's private API by means other than those permitted by Blipd.
  10. You must not create or submit unwanted posts, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Blipd users.
  11. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Blipd page is rendered or displayed in a user's app or device.
  12. You must not create accounts or gather others' information with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  13. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Blipd terms.
  14. You agree that you are responsible for all data charges you incur through use of the Service.
  15. Violation of these Terms of Use may, in Blipd's sole discretion, result in termination of your Blipd account. You understand and agree that Blipd cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Blipd, we can stop providing all or part of the Service to you.

Rights

  1. Blipd does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Blipd a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy. You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
  2. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  3. Although it is Blipd's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Blipd reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Blipd, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Blipd encourages you to maintain your own backup of your Content. In other words, Blipd is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Blipd will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  4. Except as otherwise described in the Service's Privacy Policy, as between you and Blipd, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Blipd is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Blipd in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Blipd, and Blipd will not be liable for any use or disclosure of any Content you provide.

Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Service or any part thereof.

Disclaimer

THE SERVICES AND THE BLIPD CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE BLIPD ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Blipd's request), indemnify and hold the Blipd Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Blipd in the defense of any claim. Blipd reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Blipd.

Note to Users Outside the United States

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer. Additionally, you understand that your personal information may be processed in countries (including the United States) where laws regarding processing personal information may be less stringent than in your country.