You agree that by registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with BlipIQ (even if you are using our Services on behalf of a company). If you do not agree to this contract ("Contract" or "User Agreement"), do not click "Join Now" (or similar) and do not access or otherwise use any of our Services.
This Contract applies to BlipIQ, and other BlipIQ-related sites, apps, communications and other services that state that they are offered under this Contract ("Services"). Registered users of our Services are "Members" and unregistered users are "Visitors". This Contract applies to both.BlipIQ
You are entering into this Contract with BlipIQ (also referred to as "we" and "us"). If you reside in the United States, you are entering into this Contract with BlipIQ Incorporated and your personal data provided to, or collected by or for, our Services is controlled by BlipIQ Incorporated.
1.2 Members and Visitors
When you register and join the BlipIQ Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.
2.1 Service Eligibility
Here are some promises you make to us in this Contract:
You're eligible to enter into this Contract and you are at least our "Minimum Age."
The Services are not for use by anyone under the age of 18.
Members who were below this new Minimum Age when they started using the Services under a previous User Agreement may continue to use them, as they have already reached the new Minimum Age since then or will reach it in the near future.
"Minimum Age" means 18 years old. However, if the law requires that you must be older in order for BlipIQ to lawfully provide the Services to you without parental consent (including using your personal data) then the Minimum Age is such older age.
2.2 Your Account
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others (including your employer), your account belongs to you.
You'll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you buy any of our paid Services ("Premium Services"), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
2.4 Notices and Service Messages
You're okay with us providing notices to you through our websites, apps, and contact information you have provided to us. If the contact information you provide is out of date, you may miss out on important notices.
Please review your settings to control and limit the messages you receive from us.
3.1. Your License to BlipIQ
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honor the choices you make about who gets to see your information and content
You promise to only provide information and content that you have the right to share.
As between you and BlipIQ, you own the content and information that you submit or post to the Services and you are only granting BlipIQ the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to BlipIQ, you agree that BlipIQ can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone's rights (including intellectual property rights. BlipIQ may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed by law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don't promise to store or keep showing any information and content that you've posted.
3.3 Other Content, Sites and Apps
Your use of others' content and information posted on our Services, is at your own risk.
Others may offer their own products and services through BlipIQ, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. BlipIQ generally does not review content provided by our Members or others. You agree that we are not responsible for others' (including other Members') content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.
We have the right to limit how you connect and interact with our Services.
BlipIQ reserves the right to restrict, suspend, or terminate your account if BlipIQ believes that you may be in breach of this Contract or law or are misusing the Services (e.g. violating any Do and Don'ts).
3.5 Intellectual Property Rights
We're providing you notice about our intellectual property rights.
BlipIQ reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. BlipIQ logos and other BlipIQ trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of BlipIQ.
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, BLIPIQ AND ITS AFFILIATES (AND THOSE THAT BLIPIQ WORKS WITH TO PROVIDE THE SERVICES)
(A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND
(C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BLIPIQ HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BLIPIQAND ITS AFFILIATES (AND THOSE THAT BLIPIQ WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF BLIPIQ AND ITS AFFILIATES (AND THOSE THAT BLIPIQ WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF
(A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR
(B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BLIPIQ AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BLIPIQ OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Contract anytime we want.
Both you and BlipIQ may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
In the unlikely event we end up in a legal dispute, we agree to resolve it in New York courts (using New York law). For all others, including those who live outside of the United States, you agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts in Monroe County, New York, USA, and we each agree to personal jurisdiction in those courts.
Here are some important details about how to read the Contract.
If a court with authority over this Contract finds any part of it not enforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you always agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that BlipIQ has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that BlipIQ may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8.1. DosYou agree that you will:
8.2. Don'tsYou agree that you will not:
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
If you want to send us notices or service of process, please contact us:
ONLINE OR BY MAIL