Terms of Service
Terms Of Service
Last Modified: July 18th, 2016
I am glad that you have devised to use my products and services, to which I will refer to as the “Services.”
These Terms of Service have been drafted so that you’ll know the rules that govern my relationship with you. These Terms do indeed form a legally binding contract between you and myself, Joe Edwards. Please read them carefully.
By using the Services, you agree to the terms. If you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: YOU SHOULD KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND I AGREE THAT DISPUTES BETWEEN THE TWO WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND I WAVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
- Who Can Use the Services.
No one under 13 is allowed to create an account or use the Services. I may offer additional Services with additional terms that may require you to be even older to use them. Please read all of the terms extremely carefully.
By using the Services, you state that:
You can form a binding contract with me- meaning that if you are between 13 and 17, your parent or legal guardian has revised and agreed to these Terms;
You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction - meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any similar prohibition; and You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of some other entity, you state that you are authorized to grant all license set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Your Content
Many of my Services will allow you to create, upload, post and store content. When you do that, you retain whatever ownership rights in that content that you had to begin with.
But you grant me a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed). I will use this license for the limited purpose of operating, developing, providing, promoting, and improving the Services and for researching and developing new ones.
You also grant myself the unrestricted, worldwide perpetual right and license to use your name, likeness, and voice in any and all media and distribution channels in connection with the content you create, upload, post or appear in. This means that you will not be entitled to any compensation from me if your name, likeness, or voice is conveyed through the Services.
While I am not required to do so, I may access, review, screen, and delete your content at any time and for any reason, especially if I think your content violates these Terms. You alone will remain responsible for the content you create, post, or store through the Services.
If you provide any feedback about the app, I will be able to use your ideas without compensation you.
3. The Content of Others
The content of my Services is produced by users and third parties. That content is the sole responsibility of the person or organization that created it. Although I reserve the right to review all content that appears on the Services and to remove all content that violates the Terms, I do not review all of it. Therefore, I cannot - and do not - take responsibility for any content that others provide through the Services.
Through these Terms, I make it clear that I do not want the Services put to bad use. But because I do not review all of the content, I cannot guarantee that content on the Services will always conform to my Terms.
5. Respecting Other People’s Rights
You may not post or send content that:
- violates or infringes someone ele’s right of publicity, privacy, copyright, trademark or other intellectual property right
- bullies, harasses, or intimidates
- defames, or…
- spams or solicits blipp users
You must also respect my rights. These Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other material used in my Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any potion of the Services except as set forth is these terms.
In other words: You may not use the Services in ways that are not authorized by these Terms.
6. Respecting Copyright
I honor the requirements set forth in the Digital Millennium Copyright Act. I therefore take reasonable steps to expeditiously remove from my Services any infringing material that I become aware of. And if I become aware that one of my users has repeatedly infringed copyright, I will take reasonable steps within my power to terminate the user’s account.
Please message me at blippJoe@gmail.com, if you believe that anything on the Services infringes a copyright that you own or control.
I try hard to keep my Services a safe place for everyone who uses it. But there are no guarantees. By using the services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms;
You will not use any spider, robot, crawler, scraper, pro there automated means or interface to access the Services or extract other user’s information;
You will not use or develop any third-part application that interact with other users’ content or the Services without my written consent;
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit the functioning of the Services;
You will not use or attempt to use another user’s account, username or password, without their permission;
You will not solicit login credentials from another user;
You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
You will not attempt to circumvent any content-filtering techniques I employ, or attempt to access area or features of the Services that you are not authorized to access;
You will not probe, scan, or test the vulnerability of my Services or any system or network; and
You will not encourage or promote any activity that violates these Terms.
I also care about your safety while using my Services. So do not use my Services in a way that would restrict you from obeying traffic or safety laws. And never put yourself or others in harms way just to capture a blipp.
8. Your Account
You are responsible for any activity that occurs in your account. It’s very important to keep your account secure. The best way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition exercising common sense:
You will not create more than one account for yourself;
You will not create another account if I have already disabled your account, unless you have my written permission to do so;
You will not buy, sell, rent, or lease access to your blipp account, your blipp username, or your blipps without my written permission to do so;
You will not share your password; and
You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
9. Your License
I grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms allow.
Any software that I provide you may automatically download and install upgrades, updates or other new features.You may be able to adjust and change these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of my Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have my written permission to do so.
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you incur for using my Services, including text-messaging and data charges. If you are unsure of what those charges may be, you need to ask your service provider before using the Services.
11. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through my Services (including Services I jointly offer with the third party), each party’s arms will govern the respective party’s relationship with you. I am not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination
I’m always trying to improve my Services and creating new ones all the time. That means I may add or remove features or functionalities, and I may also suspend or stop the Services altogether. I may take any of the actions at any time, and when I do, I may not provide you with any indication or notice beforehand.
You can remain a life long blipp user for as long as you like. If you want to terminate these Terms at any time, request to delete your account or uninstall the app from your device.
I may also terminate these Terms with you at any time, for any reason, and without advance notice. That means that I may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. An example of this could be me deactivating your account due to prolonged inactivity. I may reclaim your username at any time for any reason.
You agree to indemnify, defend, and hold me, Joe Edwards, from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’’ fees) due to, arising out of, or relating in any way to: (a) you access to use of the Services; (b) your content; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
I try to keep the Services up and running and free of annoyances. But I do not promise that I will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMTED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE I ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, I DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE- OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTION; OR (C) THAT ANY BLIPP CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
I TAKE NO RESPONSIBILITY AND I ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH MY SERVICES, YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH I WILL BE RESPONSIBLE FOR.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I, JOE EDWARDS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OR PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO MY USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MY AGGREGATE LIABILITY FOR ALL CLAIMS RELATION TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID ME, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSION AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
16. Arbitration, Class waiver and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ME, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ME.
a. Applicability of Arbitration Agreement. All claims and disputes arising out of, relating to, or in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by finding arbitration on an individual basis, except that you and I are not require to arbitrate any dispute in which each part seeks equitable relief for the alleged unlawful user of copyrights, trademarks, trade names, logos, trade secret, or patents
b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision Arbitration will be initialed through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all selects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims of disputes where the total amount of the ward sought is less that $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Addition Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the abrogation will be conducted by telephone, online, written submission, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
d. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and me. The dispute will not be consolidates with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grand motions dispositive of all or part of ant claim or dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential finding and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in the court of law would have. The ward of the arbitrator is final and binding upon you and me.
e. Waiver of Jury Trial. YOU AND I WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and I are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and I over whether to vacate or enforce an arbitration award or otherwise, YOU AND I WAIVE ALL RIGHT TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
f. Waiver of Class or Consolidates Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither your nor I are entitled to abrogation and instead all claims and disputes will be resolved in a court set forth in Section 17.
g. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitted to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
h. Right to Waive. Any information and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect ant other potion of this arbitration agreement.
i. Small Claims Court. Not withstand the foregoing, with you or I may bring an individual action in small claims court.
j. Arbitration Agreement Survival. This arbitration agreement will survive the rumination of your relationship with me.
17. Forum and Venue
To the extent the parties are permitted under these Terms to imitate litigation in a court, both you and I agree that all claims and disputes in connection with the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Southern District of Georgia. If, however that court would lack original jurisdiction over the litigation, then all claims and disputes in connection with the Terms or the use of the Services must be litigated exclusively in the Chatham County Superior Court. You and I consent to the personal jurisdiction of both courts.
18. Choice of Law
The laws of the State of Georgia, other than its conflict-of-laws principles, will govern all disputes between you and me, but only to the extent they are not preempted by the Federal Arbitration Act.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Final Terms
These Terms make up the entire agreement between you and me, and supersede and prior agreements. These Terms do not create or confer any third-party beneficiary right.
If I do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
I welcome all comments, questions, concerns or suggestions. Please send feedback to me by visiting https://support.blippapp.net/.
I currently can be emailed at blippJoe@gmail.com.