August 15, 2013
Last Updated Date: June 24, 2015
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Services means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and Blinkbuggy, Inc. and its affiliates and subsidiaries (“Blinkbuggy,” “we,” “us”). “You” and “users” means all visitors to the Blinkbuggy Service. You accept these Terms each time you access the Blinkbuggy Service. If you do not accept these Terms, you must not use the Blinkbuggy Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Blinkbuggy Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Blinkbuggy Service after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms means the act of submitting, uploading, publishing, displaying, importing, or similar action on the Blinkbuggy Service.
Children. No part of the Blinkbuggy Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE BLINKBUGGY SERVICE AT ANY TIME OR IN ANY MANNER.
The “Blinkbuggy Service” means any website, mobile application, or Internet service under the control of Blinkbuggy, Inc, whether partial or otherwise, in connection with providing an online platform to collect and connect the countless moments that make up your lives to create meaningful stories, all in one place, that can be shared today and passed on to the next generation.
Limits on Storage. The Blinkbuggy Service may limit the number or size of files and content or the total amount of storage space available to store your files and content. You may be able to purchase additional storage for a monthly fee, as set forth below.
You may, now or in the future, have to pay a fee for certain products or features of the Blinkbuggy Service.
Blinkbuggy Fee. Blinkbuggy may charge you a fee for a membership to use the premium products or features of the Blinkbuggy Service or for other products and services, such as to purchase a paper memory book. The amount of any fees may be revised by Blinkbuggy from time to time.
When you sign up for a product or service that requires a payment, you agree to pay it
You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the Blinkbuggy Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Blinkbuggy Service.
Auto-Renewal. We will automatically renew your subscription at the end of the prior subscription period. If you have a monthly subscription, we will renew your subscription for another month. If you have a yearly subscription, we will renew your subscription for another year. We will automatically charge the payment method you used to pay for the prior subscription period. We will continue to charge the payment account you provided to pay for the subscription until you choose to terminate your account. If the payment method our service provider has on file does not make the payment, we may terminate or suspend your subscription. We will attempt to notify you prior to the end of the current subscription period that your subscription will be renewed. If you cancel your subscription, cancellation will be effective at the end of the then-current [calendar] month.
Pre-Authorization. When you provide a credit card number to activate and/or pay for any fees related to Blinkbuggy, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
Blinkbuggy may provide refunds at its sole discretion, case by case.
Refunds We reserve the right, but are not obligated, to refund some or all fees paid to us on a case-by-case basis. Please contact email@example.com to dispute a charge or request a refund.
Blinkbuggy will not collect or pay your taxes.
Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Blinkbuggy Service. Blinkbuggy is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Currency. All monetary transactions take place in U.S. dollars.
We use third-party service providers, which offer various payment methods. Such payment methods could change.
You are responsible for all fees charged to make payments using payment processors through the Blinkbuggy Service.
Third-Party Payment Processors. Blinkbuggy may use third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards.
Availability of Certain Forms of Payment. Blinkbuggy makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Blinkbuggy Service.
Fees Charged by Third-Party Payment Processors. The Blinkbuggy Service may use third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Blinkbuggy is not responsible for any fees charged by them. Blinkbuggy disclaims all liability with regards to any fees or problems you have with third-party payment processors.
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from and associated with the use of your log-in credentials on the Blinkbuggy Service.
You represent and warrant that the information you provide to Blinkbuggy upon the licensing of the Blinkbuggy Service and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Blinkbuggy Service, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Blinkbuggy Service and to preserve the confidentiality of your username and password, and any device that you use to access the Blinkbuggy Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Blinkbuggy by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by the Blinkbuggy and others due to any unauthorized use of your account.
Blinkbuggy may communicate with you by email or posting notice or sending notifications on or through the Blinkbuggy Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Electronic Notices. By using the Blinkbuggy Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Blinkbuggy Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Blinkbuggy Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
Blinkbuggy owns or has rights to all of the content we make available through the Blinkbuggy Service, but you may use it as you use the Blinkbuggy Service. You cannot use our logo or materials without our written permission.
The contents of the Blinkbuggy Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Blinkbuggy content (collectively, “Blinkbuggy Content”). All Blinkbuggy Content and the compilation (meaning the collection, arrangement, and assembly) of all Blinkbuggy Content are the property of Blinkbuggy or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Blinkbuggy Service and the Blinkbuggy Content solely for the personal use of the Blinkbuggy Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Blinkbuggy Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Blinkbuggy Content on any copy you make of the Blinkbuggy Content.
Blinkbuggy Marks. Blinkbuggy, the Blinkbuggy logo, and other Blinkbuggy logos and product and service names are or may be trademarks of Blinkbuggy (the “ Blinkbuggy Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the Blinkbuggy Marks in any manner.
You, or the people who allow you to use their content, own all of the content you post using the Blinkbuggy Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better. It is important that you get permission to use other people’s content or you may risk a lawsuit filed against you for violating their legal rights.
Blinkbuggy Claims No Ownership. The Blinkbuggy Service may provide you with the ability to create, post, or share content (“Your User Content”). Blinkbuggy claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Blinkbuggy Service. You are responsible for protecting those rights.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Blinkbuggy Service, any right, title, or interest in or to such content delivered via the Blinkbuggy Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Blinkbuggy Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Blinkbuggy Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Blinkbuggy Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Blinkbuggy Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Blinkbuggy Service contains content from users and other Blinkbuggy licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Blinkbuggy Service.
Tell us if you think a user has violated your copyright using the Blinkbuggy Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Blinkbuggy Service infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Blinkbuggy Service are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Blinkbuggy Service;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Blinkbuggy Service should be sent to Blinkbuggy, Inc., Attn: Copyright Notice, 178 Columbus Ave #230756, New York, NY 10023 or firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
We appreciate and welcome your comments, but if you submit or recommend creative ideas for Blinkbuggy, you agree that we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Blinkbuggy Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
1. own, exclusively, all now known or later discovered rights to the creative ideas;
2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
You are responsible for your actions when using and relying on the Blinkbuggy Service and content you make available on the Blinkbuggy Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Blinkbuggy Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Blinkbuggy Service. Blinkbuggy does not endorse any, nor is it responsible for, User Content on the Blinkbuggy Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
We want you to use and enjoy the Blinkbuggy Service as long as you do not use it for do evil purposes, try to break it, or steal our hard work.
You agree to use the Blinkbuggy Service only for its intended purpose. You must use the Blinkbuggy Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Blinkbuggy Service are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Blinkbuggy Service, user accounts, or the technology and equipment supporting the Blinkbuggy Service;
2. frame or link to the Blinkbuggy Service without permission;
3. use data mining, robots, or other data gathering devices on or through the Blinkbuggy Service, unless specifically allowed by these Terms;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. disclose personal information about another person or harass, abuse, or post objectionable material such as adult or child pornography;
6. sell, transfer, or assign any of your rights to use the Blinkbuggy Service to a third party without our express written consent;
7. post or send advertising or marketing links or content, except as specifically allowed by these Terms;
8. use the Blinkbuggy Service in an illegal way or to commit an illegal act in relation to the Blinkbuggy Service or that otherwise results in fines, penalties, and other liability to Blinkbuggy or others; or
9. access the Blinkbuggy Service from a jurisdiction where it is illegal or unauthorized.
If you violate our terms, we may prohibit your use of the Blinkbuggy Service.
We reserve the right to suspend or terminate your account and prevent access to the Blinkbuggy Service for any reason, at our discretion. We reserve the right to refuse to provide the Blinkbuggy Service to you in the future.
Blinkbuggy may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Blinkbuggy Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Blinkbuggy Service.
We are not liable for the actions of users when they use the Blinkbuggy Service. We may also change the Blinkbuggy Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Blinkbuggy Service or other websites.
Changes to the Blinkbuggy Service. We may change, suspend, or discontinue any aspect of the Blinkbuggy Service at any time, including hours of operation or availability of the Blinkbuggy Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Blinkbuggy Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Blinkbuggy of all claims, demands, and damages in disputes among users of the Blinkbuggy Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Blinkbuggy Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Blinkbuggy Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Blinkbuggy Service. Use the Blinkbuggy Service at your own risk.
Third-Party Websites. The Blinkbuggy Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The Blinkbuggy Service may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the Blinkbuggy Service.
Released Parties Defined. “Released Parties” include Blinkbuggy and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Blinkbuggy Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE BLINKBUGGY SERVICE IS AT YOUR SOLE RISK, AND THE BLINKBUGGY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE BLINKBUGGY SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE BLINKBUGGY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BLINKBUGGY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BLINKBUGGY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE BLINKBUGGY SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE BLINKBUGGY SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BLINKBUGGY SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you involving the Blinkbuggy Service. If you use the Blinkbuggy Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLINKBUGGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BLINKBUGGY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE BLINKBUGGY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE BLINKBUGGY SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE BLINKBUGGY SERVICE. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BLINKBUGGY SERVICE OR YOUR USE OF BLINKBUGGY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Blinkbuggy Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and Blinkbuggy concerning your use of the Blinkbuggy Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
All disputes will be resolved according to the laws and regulations of New York. You agree to arbitration to resolve any disputes, and acknowledge that you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with Blinkbuggy related to your use of the Blinkbuggy Service.
These Terms and the relationship between you and Blinkbuggy shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Blinkbuggy agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Blinkbuggy Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue Blinkbuggy in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Blinkbuggy Service or these Terms:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
178 Columbus Ave #230756
New York, NY 10023