Welcome to Blobbr
These Terms of Service and the other policies posted on the Site or made available via the Blobbr Service govern your access to and use of the Site and Blobbr Service, including any content, information, products or services therein.
REGISTRATION AND ELIGIBILITY
In order to access certain features of the Site and Blobbr Service, and to post any content on the Site or via the Blobbr Service you will have to create a Blobbr account and become a "Member". You must be 13 years of age or older to become a Member. If you are between the age of 13 and 17, we encourage you to get permission from your parent or guardian to use Blobbr.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to not use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Blobbr immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
General. Blobbr makes certain content available through the Site. "Blobbr Materials" mean all materials originated by Blobbr and otherwise made available through the Site and Blobbr Service, including, without limitation, the BLOBBR logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof, excluding User Content. Blobbr and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Blobbr Materials, and the trademarks, service marks and logos contained therein other than your User Content. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Blobbr Materials, User Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Blobbr Materials, User Content (other than your User Content).
Reminder Regarding Blobbr Trademarks. The BLOBBR name and logo are trademarks of Blobbr, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blobbr. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Blobbr, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blobbr.
USE OF USER CONTENT SUBMITTED BY YOU
User Content. You agree that any User Content you upload, post, email, transmit or otherwise make available via the Blobbr Service is non-confidential. Blobbr does not claim ownership rights in your User Content. However, by uploading, posting, emailing, transmitting or otherwise making available your User Content via the Blobbr Service you hereby grant Blobbr a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites, for commercial or non-commercial use. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Blobbr. Blobbr will own all right, title and interest in and to all derivative works and compilations of User Content that are created by Blobbr, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Blobbr to give to Blobbr the full benefit of the rights granted to Blobbr by you. The submission of any materials to Blobbr irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Limitations. You acknowledge and agree that Blobbr may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Content on Blobbr's servers. Blobbr will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Content.
Disclaimer. Blobbr has no ability to control the User Content that are uploaded, posted or otherwise transmitted using the Site or Blobbr Service and does not have any obligation to monitor such User Content for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Content or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. Blobbr does not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Blobbr with respect thereto.
COPYRIGHTED MATERIALS: NO UNAUTHORIZED USE.
YOU WILL NOT USE THE SITE OR BLOBBR SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Blobbr has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders.
LINKING TO OUR WEB SITE
You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray Blobbr or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Blobbr trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without Blobbr's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Blobbr name, trademark or product name without Blobbr's express written consent.
THIRD PARTY LINKS
Blobbr may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Blobbr does not monitor, nor does it have any control over, any Third Party Content. Blobbr does not endorse or adopt any Third Party Content and makes no guarantees as to its accuracy or completeness. Blobbr makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that Blobbr's terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
Obligations for Blobbr Users. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Blobbr Service. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Blobbr Service:
- Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
- Upload, stream, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Use any meta tags or other hidden text or metadata utilizing a Blobbr name, trademark, URL or product name;
- Upload, stream, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Blobbr Service to send altered, deceptive or false source-identifying information;
- Upload, stream, email, or otherwise transmit, via the Site or Blobbr Service, any User Contents that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Blobbr;
- Upload, stream, email, or otherwise transmit any User Contents that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Upload, stream, email or otherwise transmit any User Contents that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Contents that is unrelated to the immediate, aesthetic nature of the User Contents;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Blobbr's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to probe, scan or test the vulnerability of any Blobbr system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Blobbr Service;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Blobbr Service;
- Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Blobbr or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
- Try to obtain, collect or store personal data about other users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
SPECIAL NOTE RE POSSIBLE CONTENT REMOVAL
Blobbr retains the right, but not the obligation, to monitor and edit or remove any User Content that it deems in its sole discretion to be harmful to Blobbr Users, Blobbr, the rights of any third party or that violates any applicable law. This includes the right, but not the obligation, to immediately, temporarily or permanently, remove any User Content (including, without limitation, any text or images) uploaded by you that Blobbr deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:
- photographs, pictures, images, text or other materials submitted by Members that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
- partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
- profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous, promote self-harm, or offensive;
- any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
By Member: You may terminate Blobbr account at any time for any reason by sending us an e-mail to blobbr [at] this domain. After receipt of your termination notice, Blobbr will terminate your account.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE BLOBBR SERVICE, SITE, BLOBBR MATERIALS AND USER CONTENT IS AT YOUR SOLE RISK. THE BLOBBR SERVICE, SITE, BLOBBR MATERIALS AND USER CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLOBBR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE BLOBBR SERVICE, SITE, BLOBBR MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BLOBBR MAKES NO WARRANTY THAT (i) THE SITE OR BLOBBR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND BLOBBR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR BLOBBR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND BLOBBR SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SITE OR BLOBBR SERVICE WILL BE CORRECTED.
- ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE BLOBBR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
Blobbr reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Blobbr.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLOBBR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLOBBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BLOBBR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BLOBBR CUMULATIVE LIABILITY TO YOU EXCEED $100.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
VIOLATIONS AND COMMENTS