1. Your Acceptance
This is an agreement between BluPods Inc., a Delaware corporation (“BluPods"), the owner and operator of www.BluPods.com (the “BluPods Site”), the BluPods software, including the BluPods Apps (collectively, including all content provided by BluPods through the BluPods Apps and the BluPods Site, the "BluPods Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. If you choose to not agree with any of these terms, you may not use the Service.
2. BluPods Service
These Terms of Service apply to all users of the BluPods Service. Information provided by our users through the BluPods Service may contain links to third party websites that are not owned or controlled by BluPods. BluPods has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BluPods will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that BluPods shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. BluPods Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide BluPods with your first name, last name and email address. You expressly acknowledge and agree that in order to provide the Service, BluPods may periodically access your contact list and/or address book on your mobile device to find and keep track of emails of other users of the Service. When providing your first name, last name and email address, you must provide accurate and complete information. You hereby give your express consent to BluPods to access your contact list and/or address book for email addresses in order to provide and use the Service. We do not collect addresses or mobile phone numbers, just email addresses. You are solely responsible for the information that you submit and that are displayed under your name & email address on the BluPods Service. You must notify BluPods immediately of any breach of security or unauthorized use of your email address. Although BluPods will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BluPods or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the BluPods servers in a given period of time than a human can reasonably produce in the same period by using a BluPods application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, BluPods grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BluPods reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by BluPods clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the BluPods Service along with BluPods created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BluPods, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. BluPods reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of information exchanges of third parties obtained through the Service for any commercial purposes.
5. Data Submissions
A. The BluPods Service allows BluPods users to share text, information and other communications submitted by you. These Submissions may be hosted, shared, and/or published as part of the BluPods Service, and may be visible to other users of the Service who have email address in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other BluPods users will only be viewable by those BluPods user(s) or group(s) you directly send such information. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it through the Service. As clarified in the following section, you retain your ownership rights in your Data Submissions. You understand that whether or not such Data Submissions are published, BluPods does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Data Submissions and the consequences of posting or publishing them. Because BluPods is only acting as a repository of data, user submitted data do not necessarily represent the views or opinions of BluPods, and BluPods makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Data Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BluPods to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Data Submissions to enable inclusion and use of the Data Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Data Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Data Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Data Submissions, but you have to have the rights in the first place. However, by submitting the Data Submissions to BluPods, you hereby grant BluPods a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Data Submissions in connection with the BluPods Service and BluPods's (and its successor's) business, including without limitation for promoting and redistributing part or all of the BluPods Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the BluPods Service a non-exclusive license to access your Data Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Data Submission from the BluPods Service.
C. In connection with Data Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BluPods all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BluPods or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. BluPods does not endorse any Data Submission or any opinion, recommendation, or advice expressed therein, and BluPods expressly disclaims any and all liability in connection with Status Submissions. BluPods does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and BluPods will remove all content and Data Submissions if properly notified that such content or Data Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the email address of the BluPods user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at BluPods.com. BluPods reserves the right to remove content and Data Submissions without prior notice. BluPods may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Data Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized BluPods employees, agents, subagents, superagents or superheros. BluPods also reserves the right to decide whether content or a Data Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. BluPods may remove such Data Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the BluPods Service you will be exposed to Data Submissions from a variety of sources, and that BluPods is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Data Submissions, and that such Data Submissions are not the responsibility of BluPods. You further understand and acknowledge that you may be exposed to Data Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BluPods with respect thereto, and agree to indemnify and hold BluPods, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the BluPods Service.
F. BluPods permits you to link to materials on the Service for personal purposes only. BluPods reserves the right to discontinue any aspect of the BluPods Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BLUPODS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUPODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. BLUPODS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLUPODS SERVICE. BLUPODS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLUPODS SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND BLUPODS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT BLUPODS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by BluPods from its facilities in the United States of America. BluPods makes no representations that the BluPods Service is appropriate or available for use in other locations. Those who access or use the BluPods Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless BluPods, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BluPods Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the BluPods Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the BluPods Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the BluPods Service. You further represent and warrant that you are not located in a country that is 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. BluPods is the developer of the Service, with an address at 171 Golden Hind Passage, Corte Madera, CA, 94925, info at BluPods.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BluPods without restriction.
You agree that: (i) the BluPods Service shall be deemed solely based in Delaware; (ii) the BluPods Service shall be deemed a passive server that does not give rise to personal jurisdiction over BluPods, either specific or general, in jurisdictions other than Delaware; and (iii) that you agree to subject to the jurisdiction of Delaware in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and BluPods that arises in whole or in part from the BluPods Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service and any other legal notices published by BluPods, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and BluPods concerning the BluPods Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BluPods's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BluPods reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the BluPods Service. Your continued use of the BluPods Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BLUPODS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BLUPODS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Information BluPods Collects
BluPods may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your email address, mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to BluPods when choosing to participate in various uses of the BluPods Service, such as registering as a user, or exchanging information. In order to provide the BluPods Service, BluPods will periodically access your address book or contact list on your mobile phone to locate the email addresses of other BluPods users (“in-network” emails), or otherwise categorize other email addresses as “out-network” emails.
Cookies Information: When you visit the BluPods Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. BluPods uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the BluPods Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the BluPods Site, our servers may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the BluPods Service, our servers may log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the email addresses the messages were sent from and to.
The Information BluPods Does Not Collect
BluPods does not collect phone numbers, addresses or other contact information from its users’ mobile address book or contact lists other than name and email addresses —the BluPods mobile application will associate whatever name the BluPods user has assigned to the email address in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on BluPods’s servers and is not transmitted to BluPods.
The Way BluPods Uses Information
When BluPods Discloses Information
Other users of the BluPods Service may see your Data Submissions in a way that is consistent with the use of the BluPods Service.
We do not sell or share your Personally Identifiable Information (such as email address) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the BluPods Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the BluPods Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. BluPods also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that BluPods believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the BluPods Site or our servers, and to protect the rights, property, or personal safety of BluPods, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. BluPods is currently ad-free. We have no intention to introduce advertisement into the product, but if we ever do, will update this section. BluPods uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to BluPods and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the BluPods Service is never recommended. Once we receive your transmission of information, BluPods makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If BluPods learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. BluPods may post a notice on the BluPods Site or through the BluPods Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, BluPods does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the BluPods Site or BluPods Service from persons under 16 years of age, and no part of the BluPods Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the BluPods Service or access the BluPods Site at any time or in any manner. If BluPods learns that Personally Identifiable Information of persons under 16 years of age has been collected on the BluPods Site or BluPods Service, then BluPods may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that BluPods is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice