TERMS OF SERVICE
This Agreement (the “Agreement”) governs your use of the website, mobile, and tablet apps, and all content, services, and products available at or through the website and apps (taken together, the “App”) owned, operated, and made available by Texta, Inc., a Delaware corporation (the “Company”). Please read this Agreement carefully before accessing or using the App. The App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published form time to time by the Company. By accessing or using any part of the App, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, then you may not access the App.
References to “you”, “your”, “User”, and similar words refer to the individual or entity using the App and agreeing to be bound by the terms herein. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have all necessary right, authority, and consent to bind such entity to this Agreement.
- Your Account. In order to be able to use the App, you will be required to create an account (an “Account”), accessible to you by a six-character password of your choice. We ask for certain personal information from you, including your telephone number, email address, username, profile picture, birthdate, gender, zip code. The Company will send an SMS message to the telephone number provided to validate your Account. We may reasonably request other proof of identity. Your username can be any name you choose, including your real name, words, phrases, numbers, symbols, or any combination thereof, so long as it does not include profanity and is not the name of another real person who is not you. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may cause the Company to suspend or terminate your Account.
You are responsible for maintaining the security of your Account and for all activities that occur under the Account. You must immediately notify the Company of any unauthorized uses of your Account or any other breaches of security. The Company will not be liable for any acts or omissions by or through your Account or any other Account, including any damages of any kind incurred as a result of such acts or omissions.
- Use of the App. Subject to your compliance with the terms and conditions of this Agreement, the Company grants to you a limited, revocable, non-exclusive, non-transferrable license to use the App. You shall not: (i) use the App for any illegal or inappropriate purposes, including gambling, prostitution, pornography, sexual activity, drug or human trafficking, money laundering, drug use, alcohol abuse, violent or threatening behavior, cyber bullying, or any other purpose reasonably likely to reflect negatively on the Company or any other user of the App; (ii) impair the proper operation of the App; (iii) use the App to incite or promote violence or hatred or to cause nuisance, harassment, annoyance, or inconvenience; (iv) use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the App except as expressly permitted in this Agreement; (v) access the App in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics of the App; (vi) launch an automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms; (vii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (viii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (ix) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (x) interfere with or disrupt the integrity or performance of the App or the data contained therein; or (xi) attempt to gain unauthorized access to the App or its related systems or networks. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.
The Company has not reviewed, and cannot review, all of the activity conducted on or the material posted to the App, and cannot therefore be responsible for that activity’s or material’s content, use, or effects. Content relating to games, prizes, charities, and the like, including but not limited to narrative descriptions, instructions, suitability warnings, allergens, and photos, are provided solely by third parties and not by the Company. The Company has not reviewed, and cannot review, such third-party content. If third parties have misrepresented or omitted any aspect of such games, prizes, charities, or other content, the Company shall not be responsible. By operating the App, the Company does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful, or non-harmful its Users. You are responsible for taking the precautions necessary to protect yourself, your mobile device, and/or your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The App and /or its content (including third party content) may contain technical inaccuracies, typographical mistakes, and other errors. The App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use of the App by visitors, or from any downloading by those visitors of the content there posted. But if you see any of this, notify us immediately via email to firstname.lastname@example.org.
The Company respects copyright law and expects you to do the same. It is the Company’s policy to terminate in appropriate circumstances users or other Account holders who infringe or are believed to be infringing the rights of copyright holders.
- Prize Promotions. By using the App, you can participate in a daily promotion and enter to win a variety of prizes (each, a “Prize”). No purchase is necessary to enter or win. A purchase or payment will not increase your chances of winning. The Promotions Official Rules describes how the promotions are conducted and how Users can win Prizes. You understand that if you enter a promotion, you consent to the Promotions Official Rules.
Users who win Prizes may be notified via text message, video message within the Blur app, via email through the email address associated with your Blur account, or through any other means in Blur’s discretion, provided, that winners residing in Louisiana will be notified via US Mail. The winner notification will include a hyperlink to a secure prize claims website (the “Prize Claims Page”). The Prize Claims Page may request additional information from you, including your shipping address, all of which will be shared with the sponsor of the Prize. For further information about the Promotions and Prizes, please see the Promotions Official Rules.
- User Posts. The Company permits Users to make certain information available to other Users and to third parties, including: (1) your photo, user name, and telephone number; (2) status updates, (3) chats with other Users; (4) general expressions of opinion, preference and the like; and (5) points earned through use of the App (collectively, “User Posts”). If you make a User Post, you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferrable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Post. If you delete a User Post, the Company will use reasonable efforts to remove it from the App, but you acknowledge that caching or references to the User Post may not be made immediately unavailable.
No anonymous or pseudonymous User Posts will be permitted. Users shall be required to accurately identify themselves as the author of a User Post in order to post a User Post to the App.
Additionally, you are responsible for the content of, and any harm resulting from, a User Post that you make. By making a User Post, you represent and warrant that the content thereof is factually correct and based on your firsthand experience, is not spam, is not machine- or randomly-generated, does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing). You will not, and will not assist, encourage, or enable others to: (i) write a fake or defamatory User Post; (ii) violate any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, or publicity; (iii) threaten, stalk, harm, or harass others, or promote bigotry or discrimination, or incite violence, or encourage others to harm themselves or others; (iv) use the User Post to promote a business or other commercial venture or event other than the business that is the subject of the review; or (iv) submit or transmit pornography.
Without limiting the foregoing, the Company has the right but not the obligation to, in the Company’s sole discretion, (i) refuse or remove any User Post that, in the Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the App to any individual or entity for any reason.
YOU ACKNOWLEDGE THAT SECTION 15 OF THIS AGREEMENT INCLUDES AN OBLIGATION TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR CLAIMS OR LOSSES, THAT YOU HAVE CAREFULLY REVIEWED THE PROVISIONS OF SECTION 15, AND THAT YOU UNDERSTAND THEM AGREE TO THEM.
- Content Posted on Other Websites. The Company has not reviewed, and cannot review, all of the material made available through the websites and webpages to which the App links and that link to the App. The Company does not have any control over third party websites and webpages and is not responsible for their contents or their use. By linking to any third party website or webpage, the Company does not represent or imply that it endorses such website or webpage. You are responsible for taking further precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
- Copyright Infringement and DMCA. As the Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the App violates your copyrights, you are encouraged to notify the Company in accordance with the Digital Millennium Copyright Act. The Company will respond to all such notices, including, as required or appropriate, by removing the infringing material or disabling links to the infringing material. The Company will terminate a visitor’s access to and use of the App if the visitor is determined to be a repeat infringer of your copyrights or other intellectual property or the copyrights or other intellectual property rights of the Company or others.
- Intellectual Property. Subject to your compliance with the terms and conditions of this Agreement, the Company grants you a limited, revocable, non-exclusive, non-transferable license to view the App, including User Posts, to which you are permitted access solely for the purpose of engaging with the App and the Blur community, or for other purposes contemplated by the Company’s changing line of business. You have no right to sublicense or assign the license rights granted in this section. You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, re-transmit, stream, broadcast or otherwise exploit the App or User Posts, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.
This Agreement does not transfer from the Company to you any Company or third party intellectual property. All right, title, and interest in and to the Company’s intellectual property will remain solely with the Company. The Company, the App, and the Company’s logo, and all other trademarks, service marks, graphics, and logos used in connection with the App, and all goodwill related to any of the foregoing, are owned exclusively by Company or the Company’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the App may be the intellectual property of third parties. Your use of the App does not grant you a right or license to reproduce or otherwise use any Company or third-party trademarks.
- Changes. The Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to become aware of updates or changes to this Agreement. Your continued use of or access to the App following the posting of any changes to this Agreement constitutes acceptance of those changes. The Company may also offer new services and/or features through the App. Such new features and/or services will be subject to the terms and conditions of this Agreement (as the same may be amended, modified or supplemented from time to time).
- Termination. The Company may terminate your Account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account, you may simply discontinue use. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Disclaimer of Warranties. The App is provided “as is”. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither the Company, nor its affiliates, employees, contractors, licensors, partners, or suppliers makes any warranty: (i) as to the reliability, timeliness, quality, suitability, availability, safety, accuracy, or completeness of the App, the games featured within the App, or Prizes; (ii) that the App, games, or Prizes will be error free, that any errors will be corrected, or that access to the App, games, or Prizes will be continuous or uninterrupted; (iii) that the App, games, or Prizes will meet your requirements or expectations; (iv) that the Prizes will be suitable for any particular use; (iv) that any stored data will be accurate or reliable; or (v) as to the quality of the games and Prizes as well as any products, services, information, or other material purchased or obtained by you through the App. You acknowledge and agree that the entire risk arising out of your use of the App, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
Your use of the App may require third-party internet or cellular network connection. Obtaining such connection is solely your responsibility and may result in data charges. If you use wifi or other internet connection to use the App, and lose connectivity, your use of the App may automatically switch to cellular network connection. The Company has no responsibility for increased costs associated with use and will make no effort to notify you when the App is using cellular networks as opposed to wireless networks. The Company makes no representation or warranty concerning your ability to use the App without such connection. The App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, black-outs, freezes, delivery failures, or other damages of whatever nature arising from such problems.
- Limitation of Liability. In no event will the Company or its suppliers or licensors be liable with respect to the subject matter of this Agreement under any theory of recovery (including contract, negligence, or strict liability) for: (i) any special, incidental, or consequential damages, (ii) the cost of procurement of substitute products or services, or (iii) for interruption of use or loss or corruption of data. The Company is not liable for any failure or delay due to matters beyond its reasonable control.
The Company has made no effort whatsoever to review or comply with non-US law, and does not intend for the App to be offered or used in locations outside the 50 United States. By offering the App, the Company makes no representation and gives no assurance that the App or its policies or procedures comply with the laws or regulations of anywhere other than the United States.
- Indemnification. You shall indemnify and hold harmless the Company, its employees, contractors, licensors, directors, officers, and agents from and against any and all claims (including third party claims) and expenses, including attorneys’ fees, whether in contract, tort, strict liability, or otherwise, arising out of: (i) your use of the App; (ii) your violation of this Agreement; (iii) your posting of a User Post, including but not limited to claims for defamation, violation of privacy, or fraud in connection with such User Post; and (iv) your violation of any rights of any third party.
- Miscellaneous. This Agreement constitutes the entire understanding and agreement between the Company and you concerning the topic hereof, and may only be modified by a written amendment signed by the Company or by the posting by the Company of a revised version of this Agreement. Except to the extent applicable law provides otherwise, this Agreement and any access to or use of the App shall be governed by the laws of the State of New York, without regard to the conflicts of laws principles thereof, and the proper venue for any disputes shall be New York, New York. Any dispute under this Agreement shall be referred to binding arbitration before one arbitrator selected by the Company in its sole discretion. The arbitration shall take place in New York, New York, in the English language, and the arbitral decision may be enforced in any court. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION AS BETWEEN THE PARTIES DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR DISPUTES RELATING HERETO. ANY CLAIMS SUBJECT TO ARBITRATION MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. The failure of either party to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of such right or provision. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
When does the Company collect my personal information?
The Company gathers information from Users and visitors in the following ways: voluntary registration/email sign up, voluntary submissions (such as status updates, ratings, reviews, and requests), IP addresses, and location data.
- Registration. When you create an account with us, we collect personal information about you that helps us identify you and helps us to administer your account. Upon creating an account, we ask for, among other things, your telephone number, email address, username, profile picture, birthdate, gender, zip code, and password (“Account Information”). Your username may be your real name or a fictitious name. Your username, telephone number, and profile picture are listed publicly within the App, including on your profile page and in search results within the App. You are not permitted to create and manage multiple Blur Accounts.
- Additional Information. You may choose to provide us with additional information to improve and personalize your experience of the App. For example, you may choose to sync your telephone contacts or Facebook friends so that we can help you find and connect with Users you know or help other Users find and connect with you. We may tailor content, such as making suggestions or showing User accounts for you and other Users based on imported telephone contacts, your activities on our App, or your geographical location. If you email us or send us a message within the App, we may keep your message, email, and contact information to respond to you.
- Status Updates, Contacts, Profile, and Other Public and Private Information. The App is primarily designed to operate as a mobile messaging and gaming app. Your use of and interaction with the App provides us with data that we collect. Certain uses of the App are designed to be public, including status updates that you post, “liking” or responding to other Users’ status updates, and the points that you earn for interacting with the App. Other information is designed to be private, including the games that you play, the direct messages that you send to other Users, and the metadata associated with your use of the App. The Company collects and stores information associated with both your public and private uses of the App.
- Location Information. We may receive information about your location, including your precise location from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of the App and to improve and customize the App. We may also log IP addresses for the purposes of systems administration, or to report information in aggregate form to third parties, such as advertisers (for example, to identify how many Users viewed certain portions of our App). We do not provide such third parties with personally identifiable information.
- Links. We may keep track of how you interact with various portions of the App, including links that you click on. We do this to help improve the App, to provide more relevant content, and to be able to share aggregate click statistics.
We do not disclose your personal information except in the limited circumstances described here.
- Customized Look and Feel. The Company gathers User information to provide you with an effortless experience. For instance, your personal information enables us to greet you when you open the App and to provide you with specific information and services we think will be of interest to you. We review our Users’ preferences, demographics, traffic patterns, and other information - as a whole - so that we can better understand who our audience is and what it wants.
- Contact Information. We may use your contact information, such as your email address or phone number, to customize your Account or enable certain features. If you provide us with your phone number, you agree to receive text messages from the Company. We may use your contact information to send you information about the App, to market to you, to enable third parties to market to you, to help prevent spam, fraud, or abuse, and to help others find your Account, including through third-party services and client applications.
- Company Communications. If you create an Account, from time to time we may send you an e-mail, SMS message, or in-App notice with informative messages about the App. We will not send you third party information unless you opt-in to receive such information. Third parties may send information directly to you based on your interaction with the App. For instance, if you click-through from a link in the App to a third-party site, that site may collect information from you.
- User Direction. We may share or disclose your information when you, for example, authorize a third-party application to access your Account or when you direct us to share your feedback with a partner.
- Compliance with Legal Process. The Company may need to disclose your personal information when required by subpoena or other legal process, or if the Company has a good faith belief that disclosure is necessary to: (a) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) to investigate and defend the Company against any third party claims or allegations, or to protect the security or integrity of the App; and (c) to exercise or protect the rights, property, or personal safety of the Company and its members, employees, contractors, or others.
- Disclosures as a Result of a Change of Control or Sale of the Company. The Company may also disclose any information you provide to a third party as part of a sale of the assets of the Company or as the result of a change in control of the Company. Any third party to which the Company transfers or sells its assets will have the right to continue to use the information that you provided to the Company.
- Disclosure of Aggregated Data. We may disclose aggregated User statistics in order to describe our services and audience to prospective partners, advertisers, and other third parties. However, aggregate data is not traceable to you specifically.
You may cancel your Blur Account and/or request the removal of your personal information from our records by sending an e-mail to email@example.com. We will send an email to confirm your request. After you respond, we will remove your information from our database. Residual information may remain in our archives and records, but this information will not be used for a commercial purpose (however we may notify you of major changes to our service from time to time). We reserve the right to maintain information on registered Users who have violated the Blur Terms of Service or who have had their access to the App blocked in order to detect repeat offenders.
What else should I know about my privacy?
You should be aware that if you voluntarily disclose personal information online in a public area, that information might be collected and used by others. We do not control the actions of our visitors and Users. If you disclose personal information in a status update or any other publicly accessible place on the App, you do so at your own risk and you understand that your information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register for the App, and you should always be careful and responsible whenever disclosing information online.
The App has security measures in place to protect the loss, misuse, and alteration of the information under our control. When you access your Account Information, we use a secure server. The secure server layer (SSL) encrypts all information you input before it is sent to us. All of the customer data we collect is similarly protected against unauthorized access. We also monitor the App to detect the presence of any viruses in our code base which may affect Users.
Links to Other Websites
The App may contain links to other sites, operated by third parties, that we think may be of interest to you. The Company encourages third parties to follow appropriate privacy standards and policies, but is not responsible for the actions of those third parties, the content of their websites, or any practices they may follow.
Use by Children
The App is not directed to children under the age of thirteen (13). The safety of our Users is very important to us. Children, particularly those under the age of 18, should always ask parents or guardians for permission before sending personal information to the Company or to anyone contacted through the App.
If you believe your child is using the App or providing personal information to us and you have NOT provided your consent, please feel free to contact us at firstname.lastname@example.org. At any time, parents and guardians can refuse consent to create an Account for their child or revoke consent that was previously given, and can request that we delete from our records the personal information that we have collected in connection with that Account. Please keep in mind that residual information may remain in our archives and records, but this information will not be used for a commercial purpose. We will not use parent/guardian emails for any purpose other than seeking parental consent, unless the parent or guardian has separately created an Account.