Legal
PRIVACY POLICY
At Blurtt we believe it is important for you to understand what types of information we are collecting and what may happen to that information when using our website, www.blurtt.com, and related applications, materials and resources (collectively, the “Service”). This Privacy Policy is designed to explain Blurtt’s policies and procedures with respect of collection, use and disclosure by Blurtt of information about you in connection with the Service. This Privacy Policy has a limited scope and applies only to the Service.
By accessing the Service, you consent to the collection, use and disclosure of your personal information as explained in this privacy policy (the “Privacy Policy”). This Privacy Policy is incorporated into and is subject to the Blurtt Terms of Use, which can be accessed at Terms of Use. Your use of the Service and any information you provide through the Service is subject to the terms of this Privacy Policy and our Terms of Use.
WHAT YOU WILL FIND IN THIS PRIVACY POLICY
1. How we collect information about you
2. How we use or share information about you
3. How we safeguard information about you
4. Other matters related to the information we collect about you
COLLECTION OF INFORMATION
We collect information about you in a variety of ways in connection the Service.
REGISTRATION. To use some features and resources available through the Service, a user must complete our registration process. During registration, a user is required to provide certain categories of information, which may include personally identifiable information and other information about you such as your name, address, e-mail address, social network account information, password, user type, birthdate, gender, phone number, and how you heard about Blurtt.
PAYMENT INFORMATION. If you choose to complete certain payment transactions through the Service, you may be required to provide additional information such as credit card number, expiration date, and billing information.
OPTIONAL INFORMATION. At various other points during your use of the Service, you may have the option to provide additional information related to you. For example, you may wish to create a post, comment on another user’s post or share a post with a friend, relative or another person, or you may wish to utilize social network integrations or location-based features of the Service. For voluntary activities like these you have the choice about whether to disclose the information necessary to use these features of the Service.
ANONYMOUS POSTS. In some cases, the Service may allow you to make “anonymous” posts. This means that your post will not include your Blurtt user name; however, Blurtt still collects and retains the Blurtt user names associated with anonymous posts and if you violate the Blurtt Terms of Use or applicable law, Blurtt reserves the right to disclose your Blurtt user name or take other actions such as disabling your account or your ability to make anonymous posts.
PASSIVE COLLECTION OF INFORMATION. In addition to the information which you actively provide to us by methods such as completing our registration process, commenting on, or sharing a post, we collect information about how you interact with the Service. We collect passive information for purposes such as testing and improving user experience with the Service and the compilation of demographic data and related usage information for internal purposes and for disclosure to third parties such as advertisers and business partners. The types of passive information we collect include, without limitation, certain standard information sent by your browser, such as your Internet Protocol (IP) address, your device ID, your browser type and capabilities and language, your operating system, the date and time you access the Service, and the referring website from which you linked to the Service. We also collect information related to your behavior within the Service (such as pages viewed, links clicked, and other actions taken within the Service). We also may utilize special links, electronic images or other objects embedded within the Site—sometimes referred to as web beacons or tracking pixels—to collect information that helps determine and analyze how you and other visitors use the Site. If you have provided us with personal information through registration or other voluntary means, we may connect your personal information with passive information collected through our Site and use the combined information to help determine your potential interests in certain products, services or information and for other purposes described in this Privacy Policy.
COOKIES. Information related to your interactions with the Service may be collected and stored by us in small data files—commonly referred to as cookies—that are placed onto your device by our servers. We may use temporary session cookies, which are terminated when you close your current session, to store certain personal information you provide for purposes of administering that session and facilitating transactions requested by you during that session. We also may use persistent cookies, which remain saved on your device after your current session is closed, to store information related to your interactions with the Service to facilitate future sessions. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your device. Each browser is different, but generally users can remove cookies by following directions provided in the browser’s “help” file. Please note that, if you reject cookies or disable cookies, some features of the Service may not function properly.
COLLECTION OF INFORMATION FROM MINORS. The Service is intended for a general audience and it is not intended for children under the age of 13. Use of the Service is prohibited for anyone under the age of 13. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardian before using the Service. Blurtt abides by federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy and the Children’s Online Privacy Protection Act (COPPA). Although the Service may contain information that may be of interest to children, the Service is not directed at children and we do not knowingly collect or solicit personal information from children under the age 13.
USE AND SHARING OF INFORMATION
The Service enables that enable users to post, access and share user generated content and other information across the Blurtt community, other social networks and other websites and online services (such as tumblr, etc.) and may include various features and functionality such as comments, message boards or chat areas, where users can post information and communicate with one another. Please be aware that these posts and communications are being made publicly available online and you do so at your own risk.
We will not knowingly use, share, or otherwise transfer information about you other than in accordance with the terms set forth in this Privacy Policy. Additionally, we may use, share, or otherwise transfer information about you for other purposes for which we have obtained your consent. Your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. Regardless of your decision regarding the sharing of your personal information, we may share demographic data and related usage information with our business partners in an aggregated or anonymized manner intended to remove or obscure any personal information which can identify any individual user.
We may use information about you in order to deliver products and services to you and to customize the Service to your interests and enhance your overall experience with the Service. We try to recognize you using various methods, including having you log in with your user name and your password. Once we recognize you, your experience may be customized for you so that you can see what interests you the most. In addition, as described above, we utilize passive information to learn more about how you interact with the Service. This passive information may be combined with other information and used for purposes such as enhancing your experience using the Service, improving the Service, testing and enhancing security and compilation of demographic data and related usage information for our internal purposes and for other purposes described in this Privacy Policy.
While we strive to protect the personal information of our users, we may use, share, or otherwise transfer your personal without your knowledge or consent if required by applicable law or regulatory requirements or in the good-faith belief that such action is necessary or appropriate.
From time to time, we may decide that it is more efficient to use third parties to perform specific functions related to the Service. If we use a third party to perform specific functions (such as sending communications to our users on our behalf), then information (such as contact information) may be shared with that third party to the extent necessary for that third party to perform that function. We authorize these third party service providers to use personally identifiable information only for the purpose of providing the specific services requested by us. Third party service providers covered by this paragraph do not include third party sites, applications or services that are accessed via links within the Service, which are governed by a more specific provision below.
If you opt-in to a feature that allows third parties to contact you, personal information about you (such as your contact information and other information collected during your visit to the Service) may be shared with data aggregators, marketers, and other organizations (possibly in the form of list rental).
In the event that we sell, assign or transfer some or all of our business to a successor or acquirer, we may sell, assign or transfer all of your information, regardless of your status, to such successor or acquirer.
SECURITY
We have security measures in place to help protect against the unauthorized access of personally identifiable information under our control. We utilize both online and offline security methods, including firewalls, passwords and restricted physical access to the places where your information is stored to help protect personally identifiable information. Our staff is trained to comply with our security procedures, and our security procedures are regularly reviewed and revised as we deem necessary.
HOW YOU CAN ACCESS AND UPDATE YOUR INFORMATION
We endeavor to ensure that any personal information in our possession is as accurate, current and complete as necessary for the purposes for which we use that information. If you want to review, verify or correct your personal information, please contact us using the contact information set out below. We reserve the right not to change any personal information and instead append any alternative information the individual concerned believes is appropriate. To some extent, we rely on individuals to update their own personal information. Unless an individual advises us of these important changes, we may have no way of knowing about them.
The State of California enacted the Shine the Light law (CA Civil Code Sec 198.83) that permits users who are California residents to request certain information regarding the disclosure of personal information during the past year for marketing purposes. To make such a request, you can contact us at privacy@blurtt.com.
ELECTRONIC MAILING LISTS AND HOW TO UNSUBSCRIBE
We may use your contact information periodically in order to send you email or other communications regarding updates to the Service and to alert you or remind you of happenings related to the Service. The frequency of these messages will vary depending upon various factors.
If you no longer wish to receive e-mails from us and want to be removed from our electronic mailing list, please e-mail us at the following address unsubscribe@blurtt.com with “Email Unsubscribe” in the subject heading. If you choose to unsubscribe from our mailing lists, we will hold your contact information on file marked so that we do not inadvertently contact you if your details are subsequently provided to us by a third party.
OTHER PROVISIONS
Your use of the Service indicates an acceptance of the terms of the Privacy Policy. We reserve the right to update or amend this Privacy Policy at any time. We will post any revised version of this Privacy Policy on our website, and we encourage you to refer back to it on a regular basis. The changes contained in any such revised version of this Privacy Policy will be effective from the time such revised version is posted unless otherwise specifically stated therein.
This Privacy Policy does not create or confer upon any individual any rights, or impose upon Blurtt any rights or obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws of such individual’s jurisdiction, as applicable. Privacy legislation or an individual’s right to privacy may differ from one jurisdiction to another. The rights and obligations described in this Privacy Policy may not apply to all individuals or in all jurisdictions. Should there be, in a specific case, any inconsistency between this Privacy Policy and the applicable privacy laws of such individual’s jurisdiction, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.
Please be aware that, by accessing our Service, you acknowledge that our servers are currently located in the United States and that the various communications necessarily result in the transfer of information across international boundaries. By accessing the Service and communicating electronically with us, you consent to the processing and transfer of your personal information as set out in this Privacy Policy. Personal information collected by us may be stored and processed in the United States of America or any other country in which we maintain facilities. Personal information collected by us may be transferred among our various divisions and affiliated companies around the world, which may involve transfer from countries within the European Economic Area to countries outside the European Economic Area. By choosing to access the Service, you consent to any such transfer, storage or processing of personal data outside of your country.
This Privacy Policy applies solely to the information collected by us on-line through the Service and does not apply to any website, application or service other than the Service. The Service contains links to other websites, applications and services provided by third parties that we do not own or control and we cannot be responsible for the privacy policies and practices of those third parties. Similarly, we cannot be responsible for the privacy policies and practices of any other websites, applications and services from which you linked to our Service. We encourage you to be aware when you leave our Service and to read the privacy policies of each and every third party that may be providing websites, applications or information linked to the Service.
This Privacy Policy may include examples but is not intended to be restricted in its application to such examples, thus ‘including’ shall mean ‘including without limitation.’
Your privacy is important to us. If you have questions about any of the provisions described above, please contact us at privacy@blurtt.com.
TERMS
Blurtt, Inc. (“Blurtt”) is pleased to give you access to our website, www.blurtt.com, and related applications and resources (collectively, the “Service”) that enable users to post, access and share user generated content and other information across the Blurtt community, other social networks and other websites and online services. Your use of the Service is subject to the binding legal agreement set forth below (“Terms”).
TERMS SUBJECT TO CHANGE.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Service, including, but not limited to (i) restricting the time all or any part of the Service is available, (ii) restricting the amount of use all or any part of the Service is permitted, and (iii) restricting or terminating any user’s right to use all or any part of the Service, with or without notice; (b) charge fees in connection with the use all or any part of the Service; (c) modify or waive any fees charged in connection with all or any part of the Service; or (d) offer opportunities to some or all users of all or any part of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Service, in whole or in part, or of any service, content or feature offered through the Service.
You understand we may update these Terms from time to time without giving you any notice. Your continued use of all or any part of the Service following the posting of changes to these terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Service will be subject to these Terms. In some cases, you may be asked to agree to revised terms when you log into your account and if you do not agree to revised terms you will not be allowed to use the Service.
BY USING THE SERVICE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SERVICE FOR ANY PURPOSE.
BINDING ARBITRATION.
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Blurtt for any violation of Blurtt’s proprietary or other rights, any and all disputes relating to these Terms, your use of the Service be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas, USA.
HOW YOU CAN USE THE SERVICE.
You may use the Service for your personal, non-commercial use. You may make a single, temporary copy of resources found on the Service but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Service, except as set forth in these Terms. Additionally, you may not: frame or mirror any part of the Service without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service, create a database by systematically downloading and storing content from the Service; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
ACCOUNTS.
In order to access some features of the Service, you will have to create an account. You agree not to use another’s account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Blurtt will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blurtt or others due to such unauthorized use.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Blurtt.
Blurtt, in its sole discretion, may refuse to recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any Content that appears in the Service or any attributes associated with your account or stored in the Service.
BETA SERVICES; USER FEEDBACK
You understand that certain versions or features of the Service may be offered, from time to time as a “Beta Service” which means that they are still under development and that they are being provided for the purpose of gathering input about the way you use those versions or features, the stability of those versions or features or other information helpful as we develop non-Beta versions. When using a Beta Service, you are considered a “Beta User.” We grant Beta Users a non-exclusive, non-sublicensable, non-transferable license to use the Beta Service, solely for testing and evaluation purposes. We reserve the right to discontinue the Beta Test at any time and to refrain from offering a commercial version of the Beta Service. We also reserve the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta Service we may choose to release. As a Beta User, you acknowledge that the Beta Service is experimental and may have defects or deficiencies that cannot or will not be corrected by Blurtt and/or its licensors or other suppliers. Blurtt is under no obligation to release the Beta Service commercially, to continue offering the Beta Service, to provide Beta Users with any hard-copy documentation, support, assistance, error corrections, updates, upgrades, bug fixes and/or enhancements, or to offer any final version the Beta Service to Beta User. Beta Users have sole responsibility for the adequate protection and backup of their data used with the Beta Service. Certain Beta Services may be provided to you contingent on your agreement not to disclose any information about the nature of the Beta Services, your experience using the Beta Services or other aspects of the Beta Services features, functionality, technical specifications or quality. In such cases, you hereby agree not to disclose such proprietary information to any third party without the express written consent of Blurtt.
You acknowledge that feedback concerning your experiences with the Service is essential to its improvement. You agree that Blurtt or its licensors may gather information from you relating to your use of the Service, including frequency of nature of use. You also agree that we may solicit your feedback concerning your experience with this Beta Service via a survey or other means. Such information will be used in connection with evaluating and improving the Service. You agree that Blurtt may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Service. You hereby grant Blurtt a royalty-free, fully-paid, worldwide, exclusive, transferable, sublicenseable, irrevocable and perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Service.
CONTENT / SUBMISSIONS TO THE SERVICE.
On some parts of our Service or otherwise in connection with your use of the Service, you may be allowed to post or link to content or applications or provide comments for others to see (collectively, referred to herein as “Content”). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:
1. You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
2. While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Service;
3. You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Service;
4. You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Service and these Terms; and
5. For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Service, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Service; and we do not screen, monitor, edit or review Content before it appears on the Service. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Service. We can also suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using the Service, you may be exposed to Content that is offensive or objectionable.
NO LICENSE GRANTED.
Except for allowing you to use the Service for your personal use as set forth in the paragraph above, when you use the Service you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Blurtt. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICE OR ANY OTHER BLURTT PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
INTELLECTUAL PROPERTY.
The Service is owned by Blurtt or its licensees and protected by applicable law, with all rights reserved. Blurtt takes the protection of intellectual property rights, including copyrights, very seriously. Blurtt will terminate your access to, or use of, all or any part of the Service, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Blurtt if they have a good-faith belief that their protected works are being infringed. Blurtt will respond to all such notifications that are sent to:
Blurtt, Inc.
Attn: DMCA Notification
815-A Brazos Street #585
Austin, Texas 78701
To be effective, the notification must be a written communication that includes:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the provider to locate the material;
4. Information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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.
7. Upon receipt of such notification, Blurtt shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Blurtt removes or disables access to such material, if such material was posted by a user of the Service, Blurtt will notify the party that posted the material of its action. Such party may then provide Blurtt’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which Blurtt will forward to the alleged copyright owner. Blurtt will inform the alleged copyright owner that Blurtt will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Blurtt’s designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to Blurtt’s designated agent, whose name and address are listed above. The notice must include the following information:
a. The counter-notifying party’s physical or electronic signature;
b. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
c. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
d. The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Blurtt is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Blurtt with notification or an agent of such a person.
TRADEMARKS.
BLURTT is a trademark of Blurtt. Other trademarks are the property of their respective owners.
CONTESTS AND SWEEPSTAKES.
From time to time, the Service might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
PROTECTING CHILDREN.
The Service is intended for a general audience and it is not intended for children under the age of 13. Use of the Service is prohibited for anyone under the age of 13. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardian before using the Service. Blurtt abides by federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy and the Children’s Online Privacy Protection Act (COPPA). Although the Service may contain information that may be of interest to children, the Service is not directed at children and we do not knowingly collect or solicit personal information from children under the age 13.
THIRD PARTY SERVICES.
The Service may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of the Service. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Blurtt is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the Terms set forth herein and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using the Service, you expressly relieve Blurtt from any and all liability arising from your use of any third-party sites, applications or content.
U.S. EXPORT CONTROLS.
Any download from the Service or otherwise through the Service is further subject to United States export controls. No downloads may be made from the Service, through the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
PRIVACY POLICY.
Any information that we may collect from you during your use of the Service is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy, which can be accessed at www.blurtt.com/legal
ANONYMOUS POSTS.
In some cases, the Service may allow you to make “anonymous” posts. This means that your post will not include your Blurtt user name; however, Blurtt still collects and retains the Blurtt user names associated with anonymous posts and if you violate the Blurtt Terms of Use or applicable law, Blurtt reserves the right to disclose your Blurtt user name or take other actions such as disabling your account or your ability to make anonymous posts.
CONDUCT OF REGISTERED USERS AND VISITORS.
We believe that all users and visitors benefit from basic rules regarding conduct while using the Service. Widespread use and enjoyment of the Service is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Service:
1. You will follow these Terms and all applicable laws;
2. You will never give your password to anyone (no Blurtt employee will ever ask for it);
3. You will not harass, threaten or abuse other people when using the Service in any manner;
4. You will not interfere with others’ use of the Service or act in a way that negatively affects other users’ enjoyment of the Service;
5. You will not participate in any action that, in the sole and absolute opinion of Blurtt, results or may result in any authorized user of the Service being scammed or defrauded in any way in connection with such user’s use of the Service;
6. You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
7. You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by Blurtt, and you will promptly report to Blurtt your discovery of any such errors, features or bugs.
8. You will not attempt to harvest any user names or e-mail addresses from the Service for any purpose;
9. You will not collect or store personal information about any other individual on the Service, or otherwise stalk, repeatedly contact or harass another user;
10. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Blurtt; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
11. You will not use the Service to harm minors in any way, or encourage interactions with minors of a sexual nature;
12. You will not manipulate the Service so as to hide your identity or participation in the Service (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
13. You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Service, users’ ability to enjoy the Service, or the proper functioning of any software, hardware or equipment or materials used in connection with the Service; and
14. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Service.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Service without giving you any notice. In the event that your rights to use the Service are terminated, you will immediately lose access to any information that may be on the system.
We can terminate your access to the Service at any time. We may also remove any Content that you post without cause and without notice to you.
YOU UNDERSTAND THAT BLURTT IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
INDEMNITY.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD BLURTT AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SERVICE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
WARRANTY DISCLAIMER.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOAD FROM THE SERVICE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT BLURTT MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT BLURTT DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, BLURTT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE.
LIABILITY DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLURTT OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR BLURTT, EVEN IF BLURTT HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. ENTIRE AGREEMENT.
These Terms are the entire agreement between you and Blurtt. They supersede any and all prior or contemporaneous agreements between you and Blurtt relating to your use of the Service. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. We can change these Terms at any time, and your continued use of the Service after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Service. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE FOR ANY PURPOSE.
