By using Blurbme Services (as defined
below) which are owned and operated by Blurbme. ("Blurbme")
and by accessing the Blurbme Site located at http://www.blurbme.com,
and all linked pages owned and operated by Blurbme (the "Blurbme
Site"), you agree to be bound by these terms of service, as well
as any other guidelines, rules and additional terms referenced herein,
and all such guidelines, terms and rules are hereby incorporated herein
by this reference (collectively, "Terms of Service").
Blurbme's on-line services which are available at the Blurbme Site
will, among other things, help you find businesses/services you are
looking for by allowing you to get reviews from other Blurbme users,
post and share these reviews with Blurbme users, and view third party
postings/reviews regarding similar businesses/services ("Blurbme
Service"). These Terms of Service set out the legally binding
terms with respect to your use of and our provision of the Blurbme
Site and Blurbme Services. Please read these Terms of Service carefully.
Your access to or use of the Blurbme Service constitutes your acceptance
of all the provisions of these Terms of Service. If you are unwilling
to be bound by these Terms of Service, do not access or use the Blurbme
Service.
1. Eligibility.
You must be 18 or over, or the legal age to form a binding
contract in your jurisdiction if that age is greater than 18 years
of age, to register as a member of Blurbme or use the Blurbme Site
and Blurbme Services. If you are under the age of 18 or the applicable
legal age in your jurisdiction, you can use the Blurbme Service only
in conjunction with, and under the supervision of, your parent or
guardian who has agreed to the Terms of Service. If you do not qualify,
do not use the Blurbme. Membership in the Blurbme Service is void
where prohibited by applicable law, and the right to access the Blurbme
Site is revoked in such jurisdictions. By using the Blurbme Site and/or
Blurbme Services, you represent and warrant that you have the right,
authority, and capacity to enter into these Terms of Service and to
abide by all of the terms and conditions set forth herein.
2. Changes to the Agreement or the Blurbme Services.
You agree and understand that these Terms of Service,
the Blurbme Site and the Blurbme Services may be modified by Blurbme
at any time without prior notice, and such modifications will be effective
upon Blurbme's posting of the new terms and/or upon implementation
of the new changes on the Blurbme Site. You agree to review the Terms
of Service periodically so that you are aware of any modifications.
Your continued use of the Blurbme Service after any modifications
indicates your acceptance of the modified Terms of Service. Unless
expressly stated otherwise by Blurbme, any new features, new services,
enhancements or modifications to the Blurbme Service implemented after
your initial access to the Service shall be subject to these Terms
of Service.
3. Registration and Security.
In order to use or access some of the Blurbme Services,
you may be required to register with Blurbme and to select a password
and user name, which shall consist of an email address you own and
use ("User ID"). If you register, you agree to provide Blurbme
with accurate, complete, and updated registration information. Failure
to do so shall constitute a breach of these Terms of Service, which
may result in immediate termination of your account. You may not:
(i) enter, select or use a false name or an email address owned or
controlled by another person with the intent to impersonate that person,
or, (ii) use as a User ID a name subject to any rights of a person
other than yourself without appropriate authorization. Blurbme reserves
the right to refuse registration of, or cancel a User ID in its discretion
without giving any reasons. You shall be responsible for maintaining
the confidentiality of your password and are fully responsible for
all activities that occur under your User ID and password. Any User
ID and password provided to you for your access to the Blurbme Service
shall be for your personal use only. You agree to (a) immediately
notify Blurbme of any unauthorized use of your User ID or password,
and (b) ensure that you exit from your account at the end of each
session.
4. Use of the Site/Services by Members.
You may use the Blurbme Site to solicit
reviews from, and share reviews with other Blurbme users. You may
search the Blurbme database for reviews and business contact information.
You may forward reviews to people you know, whether or not they are
existing Blurbme users. You may invite people you know to join Blurbme.
You may download or copy the portions of the information, data, text,
sound, photographs, graphics, video, messages and other materials
available via the Blurbme Service ("Content"), and other
items displayed on the Blurbme Site, for your own use, provided that
you maintain all copyright and other notices contained in such Content.
Blurbme does not control the Content posted by third parties via the
Blurbme Service, including the content of any messages or reviews,
and does not guarantee or warrant to the accuracy, integrity or quality
of such Content. You understand that by using the Blurbme Service
you may be exposed to Content that is offensive, indecent or objectionable.
Save for gross ngligence or willful default on Blurbme’s part.
Under no circumstances will Blurbme be liable in any way for any Content,
including any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of your use of any Content. You are
responsible for complying with all laws applicable to the Content
you submit via the Blurbme Service. You agree that you must evaluate
and bear all risks associated with the use of any Content, including
any reliance on the content, integrity, and accuracy of such Content.
5. Restrictions on Rights to Use.
You shall not (and you agree not to allow
any third party to):
Modify, adapt, translate, or reverse engineer any portion
of the Blurbme Site and/or Blurbme Service;
Remove any copyright, trademark or other proprietary
rights notices contained in or on the Blurbme Site and/or Blurbme
Service;
Use any robot, spider, site search/retrieval
application, or other device to retrieve or index any portion
of the Blurbme Site and/or Blurbme Service;
Collect any information about other users or
members (including usernames and/or email addresses) for any
purpose other than to solicit and share reviews with other Blurbme
users or members;
Reformat or frame any portion of the web pages
that are part of the Blurbme Site and/or Blurbme Service;
Create user accounts by automated means or under
false or fraudulent pretenses;
Create or transmit unwanted electronic communications
such as "spam" to other users or members of the Blurbme
Site and/or Blurbme Service or otherwise interfere with other
user's or member's enjoyment of the Blurbme Site and/or Blurbme
Service;
Submit any third party materials or Content without
such third party's prior written consent;
Submit any Content or material that falsely express
or imply that such Content or material is sponsored or endorsed
by Blurbme;
Submit any Content or material that infringes,
misappropriates or violates the intellectual property, publicity,
privacy or other proprietary rights of any party;
Transmit any viruses, worms, defects, Trojan horses
or other items of a destructive nature;
Use of the Blurbme Site or Blurbme Services to
violate the security of any computer network, crack passwords
or security encryption codes, transfer or store illegal material
including that are deemed threatening or obscene;
Copy or store any Content offered on the Blurbme
Site for other than your own use;
Submit Content or materials that are unlawful
or promote or encourage illegal activity;
Submit false or misleading information to Blurbme;
Take any action that imposes, or may impose in
our sole discretion, an unreasonable or disproportionately large
load on our IT infrastructure;
o use the Blurbme Site and/ or Blurbme Service,
intentionally or unintentionally, to violate any applicable
local, state, national or international law; or collect or store
personal data about other users in connection with the prohibited
activities described in this paragraph;
6. Content Posted By You on the Blurbme Site.
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of
such proprietary rights.
You understand and agree that Blurbme may review
and delete any Content, business listings (including business
name, address, phone, fax, distance, reviews, rating, reviews)
that in the sole judgment of Blurbme violates these Terms of
Service or which might be offensive, illegal, or that might
violate the rights of, harm, or threaten the safety of other
users or members of the Blurbme Site and/or other website users.
You are solely responsible for the any Content
that you publish or display on the Blurbme Site or transmit
to other members and/or other website users (hereinafter, "Posted
Content").
You are solely responsible for your ratings and
reviews of businesses listed on Blurbme. Blurbme reserves the
right, but has no obligation, to monitor disputes between you
and any entity which you have reviewed.
You agree that you will only post Content that
you believe to be true and you will not provide information,
which you may have reason to believe is false or misleading.
By posting Posted Content on the Blurbme Site,
you agree to and hereby do grant, and you represent and warrant
that you have the right to grant, Blurbme, its contractors,
and the users of the Blurbme Site an irrevocable, perpetual,
non-exclusive, royalty-free, fully sublicensable, fully paid
up, worldwide license to use, copy, publicly perform, digitally
perform, publicly display, and distribute such Posted Content
and to prepare derivative works of, or incorporate into other
works, such Posted Content.
The following is a partial list of the kind of
Content and communications that are illegal or prohibited on/through
the Blurbme Site. Blurbme reserves the right to investigate
and take appropriate legal action in its sole discretion against
anyone whoBlurbme determines, in its absolute discretion, violates
this provision, including without limitation, removing the offending
communication from the Blurbme Service and terminating the membership
of such violators or blocking your use of the Blurbme Service
and/or Blurbme Site. You may not post Content that:
Is false or intentionally misleading;
Is patently offensive to users of the Blurbme Site,
such as Content or messages that promotes racism, bigotry,
hatred or physical harm of any kind against any group
or individual;
Harasses or advocates harassment of another person;
Involves the transmission of unsolicited mass mailing or "spamming";
Promotes illegal activities or conduct that is abusive;
Is threatening, obscene, defamatory or libelous;
Is pornographic or sexually explicit in nature; and
Seeks or recommends providers of material that exploits
people under the age of 18 in a sexual or violent manner,
or seeks or recommends providers that solicit personal
information from anyone under 18.
7. Venue Only.
If you enter into correspondence or engage
in commercial transactions with third parties in connection with your
use of the Blurbme Service, such activity is solely between you and
the applicable third party. Blurbme shall have no liability, obligation
or responsibility for any such activity. You hereby release Blurbme
from all claims arising from such activity.
8. Privacy.
Use of the Blurbme Site and/or the Blurbme
Service is also governed by our Privacy Policy, a copy of which is
currently located at http://www.blurbme.com/static?p=privacy
9. Term
These Terms of Service will remain in full
force and effect while you use the Blurbme Site and/or Blurbme Services.
Either Party may terminate these Terms of Service for any reason,
at any time. Sections 9, 10, 11, 12, 13, 14, 15 and 16 shall survive
any termination or expiration of these Terms of Service.
10. Ownership.
Except for the Content submitted
by members or users, the Blurbme Service and all aspects thereof,
including all copyrights, trademarks, and other intellectual property
or proprietary rights therein, is owned by Blurbme or its licensors.
You acknowledge that the Blurbme Service and any underlying technology
or software used in connection with the Blurbme Service contain Blurbme’s
proprietary information. You may not modify, reproduce, distribute,
create derivative works of, publicly display or in any way exploit,
any of the content, software, and/or materials available on the Blurbme
Site, or Blurbme Services in whole or in part except as expressly
provided in Blurbme’s policies and procedures made available
via the Blurbme Service. Except as expressly and unambiguously provided
herein, Blurbme and its suppliers do not grant you any express or
implied rights, and all rights in the Blurbme Service not expressly
granted by Blurbme to you are retained by Blurbme.
11. Disclaimer.
THE BLURBME SITE IS PROVIDED BY BLURBME
ON AN "AS IS" BASIS. BLURBME AND ITS LICENSORS AND AFFILIATES
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY
OR IMPLIED AS TO THE OPERATION OF THE BLURBME SITE, BLURBME SERVICE
OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THE BLURBME SITE OR IN ASSOCIATION WITH THE BLURBME SERVICES. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BLURBME AND ITS
LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY,
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLURBME
AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER
ITEMS CONTAINED WITHIN THE BLURBME SITE. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. BLURBME IS NOT RESPONSIBLE FOR THE
CONDUCT, OF ANY USER OF THE BLURBME SITE. Blurbme does not warrant
or covenant that the Blurbme Service will be available at any time
or from any particular location, will be secure or error-free, that
defects will be corrected, or that BLURBME is free of viruses or other
potentially harmful components. Any material or Content downloaded
or otherwise obtained through the use of the Blurbme Service is accessed
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 material. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM BLURBME, THE BLURBME
SITE OR THROUGH OR FROM THE BLURBME SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
12. Limitation on Liability
Blurbme shall not be liable for any failure
to perform its obligations hereunder where such failure results from
any cause beyond Blurbme's reasonable control, including, without
limitation, mechanical, electronic or communications failure or degradation
(including "line-noise" interference). WITHOUT LIMITING
THE FOREGOING, BLURBME AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE
LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS,
BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.
13. Indemnity.
You agree to indemnify and hold Blurbme,
its parents, subsidiaries, affiliates, officers and employees, harmless,
including costs and attorneys' fees, from any claim or demand made
by any third party due to or arising out of (i) your access to the
Blurbme Site, (ii) your use of the Blurbme Services, (iii) the violation
of these Terms of Service by you, or (iv) the infringement by you,
or any third party using your account or User ID or password, of any
intellectual property or other right of any person or entity.
14. Miscellaneous.
If there is any dispute about or involving
the Blurbme Site and/or the Blurbme Service, by using the Blurbme
Site, you agree that the dispute will be governed by the laws of the
Republic of Singapore without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal
courts of the Republic of Singapore. No agency, partnership, joint
venture, or employment is created as a result of these Terms of Service
and you do not have any authority of any kind to bind Blurbme in any
respect whatsoever. Blurbme may provide you with notices, including
those regarding changes to the Terms of Service by email, regular
mail or postings on the Blurbme Service. These Terms of Service, accepted
upon use of the Blurbme Site, and all terms, guidelines and rules
referenced herein contain the entire agreement between you and Blurbme
regarding the use of the Blurbme Site and/or the Blurbme Service.
The failure of Blurbme to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of such right
or provision. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any
further rights hereunder. If any provision of these Terms of Service
is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that these Terms
of Service shall otherwise remain in full force and effect and enforceable.
These Terms of Service are not assignable, transferable or sublicensable
by you except with Blurbme's prior written consent. The section titles
in these Terms of Service are for convenience only and have no legal
or contractual effect. These Terms of Service include Blurbme's acceptable
use policy for Content posted on the Blurbme Site, Blurbme's Privacy
Policy, and any notices regarding the Blurbme Site.
15. Contact and Violations.
Please contact us with any questions regarding
these Terms of Service. Please report any violations of the Terms
of Service to info@blurbme.com.
