We’ve drafted these Terms of Service (which we call the “Terms”) so
you’ll know the rules that govern our relationship with you. Although we
have tried our best to keep it simple and strip the legalese from the
Terms, there are places where these Terms
may still read like a formal traditional contract. There’s a good reason
for that: These Terms do indeed form a legally binding contract between
you and BlurbFlash Inc. So please read them carefully.
By using BlurbFlash or any of our other products or services that link to these Terms (we refer to these simply as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND BLURBFLASH INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND BLURBFLASH INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
No one under 13 is allowed to create an account or use the Services. We
may offer additional Services with additional terms that may require you
to be even older to use them. So please read all terms
By using the Services, you state that:
BlurbFlash Inc. grants you a personal, worldwide, royalty-free,
non-assignable, nonexclusive, revocable, and non-sublicensable license
to access and use the Services. This license is for the sole purpose of
letting you use and enjoy the Services’ benefits
in a way that these Terms and our usage policies, such as our Community
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
Many of our Services let you add, view, share and store content. When
you do that, you retain whatever ownership rights in that content you
had to begin with. But you grant us a license to use that content. How
broad that license is depends on which Services
you use and the Settings you have selected.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you add, share, consume, send, or store through the Service.
The Services may contain advertisements. In consideration for BlurbFlash Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising Blurb content may sometimes appear near your content.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
Much of the content on our Services is produced by Brands, publishers,
users and other third parties. Whether that content is posted publicly
or sent privately, the content is the sole responsibility of the person
or organization that submitted it. Although
BlurbFlash Inc. reserves the right to review or remove all content that
appears on the Services, we do not necessarily review all of it. So we
cannot—and do not—take responsibility for any content that others
provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
BlurbFlash Inc. respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
You must also respect BlurbFlash Inc.’s rights. These Terms do not grant you any right to do any of the following (or enable anyone else to do so):
BLurbFlash Inc. honors the requirements set forth in the Digital
Millennium Copyright Act. We therefore take reasonable steps to
expeditiously remove from our Services any infringing material that we
become aware of. And if BlurbFlash Inc. becomes aware
that one of its users has repeatedly infringed copyrights, we will take
reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill out this form. Or you may file a notice with our designated agent:
Attn: Copyright Agent
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
You are responsible for any activity that occurs in your BlurbFlash
account. So it’s important that you keep your account secure. One way to
do that is to select a strong password that you don’t use for any other
By using the Services, you agree that, in addition to exercising common sense:
You may not resell any Offline Blurb features. This means you can’t do something like exchange Blurbs for money with other people.
You are responsible for any mobile charges that you may incur for using
our Services, including text-messaging and data charges. If you’re
unsure what those charges may be, you should ask your service provider
before using the Services.
If you change or deactivate the mobile phone number that you used to create a BlurbFlash account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
We’re relentlessly improving our Services and creating new ones all
the time. That means we may add or remove features, products, or
functionalities, and we may also suspend or stop the Services
altogether. We may take any of these actions at any time,
and when we do, we may not provide you with any notice
While we hope you remain a lifelong Blurber, you can terminate these Terms at any time and for any reason by deleting your account.
BlurbFlash Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and BlurbFlash Inc. continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless BlurbFlash Inc., our affiliates, directors, officers, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we
make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BLURBFALSH INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
BLURBFLASH INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BLURBFLASH INC. WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLURBFLASH INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BlurbFlash INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLURBFLASH INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BLURBFLASH INC., IF ANY, IN THE LAST 12 MONTHS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND BLURBFLASH INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
To the extent that these Terms allow you or BLURBFLASH Inc. to initiate litigation in a court, both you and BlurbFlash Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and BlurbFlash Inc. consent to the personal jurisdiction of both courts.
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
BLURBFLASH Inc. welcomes comments, questions, concerns, or suggestions. Please send us feedback by visiting https://support.blurbflash.com/