Terms of Use

TERMS OF USE

Overview

Welcome to BlipMe.  The BlipMe service, mobile application and website are provided by Blip, Inc.  BlipMe is a location-based sharing platform that allows you to connect with your campus, neighborhood, community or other locale.  We’ve put together these terms and conditions about the BlipMe Service and the Company. You should read and understand them, as they govern your use of our BlipMe Service.

These Terms of Service, with our Privacy Policy, are also a resource for you to get a deeper understanding of your obligations and rights with respect to the BlipMe Service, including how BlipMe works and how we use information and data we collect from you. We may modify these Terms of Service from time to time as we deem appropriate, so you should check back in frequently to confirm the terms upon which you may use our service.  We will notify you of any modifications to these Terms by posting them on the Service, and your use of the Service after the effective date of the updated Terms constitutes your agreement to the updated Terms.

The terms “Company“, “we“, “us” “our” and similar terms refer to Blip, Inc.  The terms “you,” “your,” “User” and similar terms refer to end users of the Service.  The terms “BlipMe,” “App” or “Service” refer to the BlipMe mobile app and service as provided to you and other users.  “Terms” or “Agreement” refers to these Terms of Service, as may be amended from time to time by us.   Other capitalized terms may be defined below.  

Acceptance of Terms of Service

These Terms, which include our Privacy Policy (www.blipme.co/privacy-policy), are a binding legal agreement and govern your use of the Service, including all features and functionalities, applications, updates, and user interfaces, and all content and software associated therewith.  By creating an account or by installing, using, visiting, or browsing the Service, you accept and agree to be bound by these Terms as amended from time to time. If you do not agree to these Terms, you are not authorized to install or use, and you should not download or use, the Service. If you become dissatisfied with the Service or these Terms, including any modifications we may make as set forth below, your remedy is to immediately stop use of the Service and, if a registered User, terminate your registration. If you have executed a separate customer agreement with the Company, the terms of such agreement shall supersede any of the terms herein that conflict with such customer agreement.

The Service is intended only for users aged 14 and over. By registering for or using the Service, you warrant that you are at least 18 years old.  If you are under the age of 18, but at least 14 or older, your parent or guardian must consent and register for you.  If you are registering or using the Service for or on behalf of a business or other legal entity, you represent that you have the authority and right to bind the business or entity to these Terms.   

BlipMe App

The Service is designed to provide you with the ability to drop a pin on your location (the location of your mobile device) on a map (a “Blip”) and share location-based information  with others using the App.  You can set the duration of time for which your Blip will be shown as live.  The Service allows other users with whom you share information to see your Blip, respond with comments or photos and share their own location.  

Use of the Service

Posting Blips. Through the Service, you can share your current location, interact with other users, invite other users to join you at your location and respond to other users at your location or elsewhere.  Although the Service provides you with the ability to control when and for how long you may share the information in your Blips, you should be aware of the risks of sharing your location and other personal information with others and that your Blips can be viewed by all users of the Service within a certain radius of your location (currently 3 miles).  Other users that follow you will also receive a notification when you post a new Blip and be able to view the location of the Blip. You are solely responsible for use of the Service, including sharing your location and for your use of your own mobile device in a safe and responsible manner while using the Service. Do not use the Service while driving or in other situations in which use of a mobile device may be unsafe. You fully release Company from any loss or liability arising from your use of the Service in an unsafe, unauthorized or irresponsible or negligent manner, including use while driving, in emergency or other hazardous situations or in other unsafe conditions.

Registration.  You must register in order to use the Service. When you register to use the Service, You will be asked to provide to us certain basic information such as your name or user name, valid email address, mobile number and other data as requested (“Registration Data”). If you link your BlipMe account to another social media account, You will be asked to authorize us to access your information on that account, which may be incorporated in your Registration Data.  Some of this information will be retrieved and saved on our systems, and may include a user token or other persistent identifier.  You agree that all Registration Data you provide to us will be complete, true and correct and that you will keep it up-to-date. You will be responsible for securing your userid, user name and/or password (“LogIn Credentials”) and for all use of the Service using your Login Credentials.  You agree that you will not disclose, trade or transfer, with or without payment, your Login Credentials.  You agree to notify us promptly of any unauthorized use or disclosure of any of your Registration Data or Login Credentials. We reserve the right to refuse or revoke use of any username in our discretion. You agree that we will have the right to suspend or terminate your account and use of the Service if we believe any information you have provided during the registration process is inaccurate or incorrect or if we believe your account has been compromised.

You understand and agree that your user profile will be publicly accessible to all users of the Service.  Please do not include any information, photographs or other data in your profile unless you wish for it to be publicly disclosed.

User Obligations.  Your use of the Service shall be solely for your own personal use.  You will comply with all applicable laws in connection with your use of the Service. You will not attempt to circumnavigate or violate any security features of the Service, including accessing any Service features, interactive areas, information or profiles for which you do not have permission, including location and other postings by other users which are no longer accessible on the map, which were not shared with you or to which you have been blocked, or other content or information not intended for you.  You are not permitted to harvest, gather or collect, through automated means or otherwise, the personal and/or contact information of other Users, including location information (whether live or archived).  

The Service may include Interactive Areas, such as a comments section or other area in which you and other users may respond to their own or another user’s Blips or posts and post other content and information, including photographs, graphics, video, audio and text (collectively “User Content”).  All Users are responsible for their own use of the Service, including any Interactive Areas and all User Content posted by such User.

As part of your use of the Service, You agree that you will not:

We reserve the right, but not obligation, to review or monitor any use of the Service, including User Content, and we may remove or restrict access to any User or any User Content we deem to be inappropriate, in violation of these Terms or applicable law.  We cannot and do not guarantee that you, as a User, will not be exposed to content, material or postings you find objectionable or offensive or that other users and third parties will not misuse your User Content or the Service, and you waive any right to damages relating to such content or use of the Service or your User Content by others. If we believe any User is in violation of any applicable law or may endanger themselves or others, we reserve the right to report such User and information regarding the User to the appropriate legal authorities. We may provide functionality for Users to “flag” or report any User Content or use of the Service that they believe is in violation of this Agreement or is otherwise objectionable.  We reserve the right to take such actions, including no action, in response to any such flags or reports.

Privacy

Any personally identifying information submitted through the Service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted on the policy.  We may use your personal information as described in the Privacy Policy.  We may send you notifications about new Service features, special offers, promotional announcements and customer surveys via email, notifications within the Service, text message or other methods. By using the Service, you consent to receiving electronic communications, including email and text messages, from us regarding the Service.

Intellectual Property

Ownership.  The Service, including all content, graphics, audio, video, pictures, trademarks, service marks, logos and other material on the Service, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of Company, subject to copyright and other intellectual property protections.  The Company mark “BLIPME”, and our logo are the trademarks of Company.  All rights in and to our App, the Service and the Software not expressly granted herein are reserved by us.  We grant you and you accept a non-exclusive, non-transferable, revocable license to access and download and use the Software as provided by us solely for your personal use of the Service and in accordance with these Terms. Any third party maps or other content linked to or incorporated as part of the Service shall remain the property of our third party providers and licensors.

Restrictions.  You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Service for any commercial or other purpose or other than as expressly permitted herein or pursuant to a separate written agreement between you and the Company.  You may not alter, modify or create derivative works of the Software or Service and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software. You will not use or access the Service in order to develop any competing product or service or to conduct benchmarking tests.

User Content.  You hereby represent and warrant that you own and control all rights to the User Content posted by you or otherwise hold sufficient right in and to the User Content to post such User Content on the Service and to grant the licenses herein.   By posting any User Content, you hereby grant Us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to use, reproduce, modify, store, distribute, display, transmit and create derivative works of your User Content as necessary for provision of the Service and in connection with promotion of the Service.

Feedback

Feedback. We may from time to time request our Users to evaluate, assess or provide feedback regarding the Service or proposed improvements or new functions for the Service.  You agree that Company will own the results of any such evaluations and feedback and may use such results in its sole discretion.  Any improvements, new features, or new services that may be created or developed by Company based on User evaluations or other feedback received from Users will be exclusively owned by Company and may be used in Company’s discretion, without right of any User to consideration or attribution.  

Fees

We do not currently charge a registration fee or other fees for use of the Service We reserve the right to establish, modify, increase, decrease or end any User fees or other charges at any time.  If we establish any such fees and you wish to continue to use the Service, you agree to pay any such fees as are applicable to your use of the Service.  You are solely responsible for any sales, use or other taxes resulting from your use of the Service.

Regardless of whether Company provides the Service to Users free of charge or in consideration for the payment of fees, you will be solely responsible for any internet and wireless access required to use the Service and for the cost of all carrier and data access charges imposed by your service provider.

Term; Termination

This Agreement shall remain in force for so long as you use or maintain a copy of the Service.  We may at any time cease to continue operating part or all or selectively disable certain aspects of the Service with no liability to you. You may cease using the Service at any time and delete your account by contacting us or through the Service.   We may terminate your use of the Service at any time, including if you violate these Terms, with or without prior notice to you. The following sections and all releases and indemnifications provided by you shall survive the termination or expiration of this Agreement for any reason: Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Miscellaneous Provisions and Arbitration.

Enhancement and Maintenance of the Service; Changes

We reserve the right to modify and enhance the Service at any time, including by adding new or ancillary functions or services.  Such functions or services may require the payment of additional fees as are posted by us on the Service. We may also issue corrections or modifications or upgraded versions of the Service and Software at any time in our discretion.  From time to time and with or without notice, the Service may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance.  We may also establish additional rules, limits or policies regarding the Service and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the Service, or the applicable function.  For example, we may establish limits on the number of Blips you may keep active contemporaneously or maintain in your history.

WARRANTY DISCLAIMER

THE SERVICE AND SOFTWARE IS PROVIDED ON AN “AS IS” WHERE IS” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, SOFTWARE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS.   COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE SERVICE, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE.  WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICE, THAT THE SERVICE WILL BE ACCESSIBLE AT ANY SPECIFIC TIME OR THAT ANY INFORMATION, INCLUDING MAPS OR LOCATIONS, ON THE SERVICE WILL BE ACCURATE OR CORRECT.  ALL USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF ANY, AS SET FORTH IN THESE TERMS.

If you are an individual User, we hereby expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any other User arising from your use of the Service.  If you have a dispute with any other User relating to or arising from your use of the Service, you hereby release us from any and all liability, claims, demand and damages associated with such dispute.

LIMITATION ON LIABILITY

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY USER IN CONNECTION WITH USE OF THE SERVICE, EXCEED THE LESSER OF (I) $10 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE SERVICE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH LIABILITY OCCURRED, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, OR ANY LOSS OF GOODWILL, REPUTATION, DATA, PROFITS OR BUSINESS.  Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.  

Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Advertisements and Promotions. We may run advertisements and promotions from third parties on or through the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisements made available on or through the Services. No advertisement or promotion shall be deemed to be an endorsement, recommendation or sponsorship of such third party product or service by the Company.

Indemnification

To the fullest extent permitted under applicable law, you hereby agree to indemnify, defend and hold Company and its affiliates and each of their owners, members, directors, officers, managers, employees, independent contractors, subcontractors, agents and representative (“Indemnified Parties”) harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms and/or (ii) your use of the Service, including your User Content.    

Miscellaneous Provisions

Assignment.  You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.

Governing Law.  To the extent permitted by law, these Terms, your use of the Service are governed by North Carolina law, without giving effect to its conflict of law provisions.

Entire Agreement.  These Terms together with our Privacy Policy and any other legal notices or policies published by us through the Service, constitute the entire agreement between you and Company concerning your use of the Service.  Any modification of these Terms or an Order Form must be in a writing executed by a duly authorized officer of Company.   

Notices.  You agree that any notice, agreements, disclosure or other communications that we send to you electronically on the Service or to the email address or mobile number you provided to us will satisfy any legal communication requirements, including that such communications be in writing.

Arbitration Provisions

ANY CONTROVERSY OR DISPUTE BETWEEN COMPANY AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE SERVICE THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.

ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.

YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.

THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT COMPANY MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.  

ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.

IF YOU DO NOT AGREE TO THESE ARBITRATION TERMS, YOU MAY OPT-OUT OF SUCH ARBITRATION, BY SENDING A DETAILED OPT-OUT NOTICE TO THE COMPANY AT support@blipme.co. SUCH NOTICE MUST BE RECEIVED WITHIN THIRTY (30) DAYS OF YOUR INITIAL USE OF THE SERVICE.  YOUR NOTICE MUST INCLUDE YOUR NAME, YOUR USER NAME AND ACCOUNT, YOUR ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS ASSOCIATED WITH YOUR COMPANY ACCOUNT.

You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of North Carolina.

Attorneys Fees.  We shall be entitled to our reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms of Service against you.

DMCA Policy

Company respects the intellectual property of others and asks that Users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) Your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Company is: Ricky McMahon

Address of Agent: 102 Falkner Drive, Chapel Hill, NC 27517

Telephone: 919-602-6398

Email: support@blipme.co

Online App Stores

Users may download our mobile software application (the “Mobile App”) through the applicable application marketplace (such as the iTunes App Store).  Use of the Mobile App is subject to all term set forth in this Agreement and our Privacy Policy and the following:

If you are accessing the Service via an application on a device provided by a third party application store or an application obtained through a third party application market (such as the App Store or Play Store) (each an “Application”), the following shall apply: (a) Both you and Company acknowledge that these Terms are concluded between you and Company only, and not with such third party, and that such third party is not responsible for the Application or the content therein; (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Application; (c) You will only use the Application in connection with an such third party device that you own or control and as permitted by the Usage Rules or similar terms set forth in the App Store Terms of Service or applicable third party terms of service; (d) Both you and Company acknowledge and agree that such third party has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify such third party of such failure, and such third party will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, such third party will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between such third party and Company, be Company’s sole responsibility; (f) Both you and Company acknowledge that., as between Company and such third party, Company, not such third party, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (g) Both you and Company acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not such third party, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (I) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and (j) Both you and Company acknowledge and agree that such third party and such third party’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms of Service, such third party will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof. Additionally, such third party’s trade and service marks, logos, including Apple, the Apple Logo, iPhone, iPad, Android and Google are property of the applicable third party and not Company.

How to contact us

If you have any questions regarding these Terms of Service, you may contact us at support@blipme.co.

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