Blurr Terms of service

1. Your Acceptance

This is an agreement between WhatsGoodApps (“blurr messenger”), the owner and operator of the blurr messenger app. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND BLURR MESSENGER  PRIVACY POLICY, WHICH CAN BE FOUND AT http://http://www.whatsgoodapps.com/blurred/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.  If you choose to not agree with any of these terms, you may not use the Service.

2. blurr messenger Service

A.  These Terms of Service apply to all users of the blurr messenger Service.  Information provided by our users through the blurr messenger Service may contain links to third party websites that are not owned or controlled by WhatsGoodApps LLC.  WhatsGoodApps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications.  In addition, WhatsGoodApps will not and cannot censor or edit the content of any third-party site or application.  By using the Service, you expressly acknowledge and agree that WhatsGoodApps shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or application.

B.  You acknowledge that you have downloaded blurr messenge Service for free, and while there are additional services available for purchase within blurr messenger Service (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to utilize blurr messenge Service.  In-App Purchases are subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, et al.) from which you make your purchase.  blurr messenge does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases.  blurr messenge may revise the prices of any In-App Purchases at any time.

ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND OF ANY IN-APP PURCHASES FOR ANY REASON.

3. blurr messenge Access

A.  Subject to your compliance with these Terms of Service, blurr messenger hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without WhatsGoodApps prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you will need to register and create an account.  You are responsible for safeguarding your account access credentials.  You must notify WhatsGoodApps immediately of any breach of security or unauthorized use of your account.  You will be solely responsible for all uses of your account, including any In-App Purchases, changes to your account and/or data submissions, whether or not authorized by you.  WhatsGoodApps will not be responsible or liable for anything that happens through or to your account as a result of any third party to access your account, regardless of whether or not you authorized such third party use of your account.  Although WhatsGoodApps will not be liable for any losses caused by any unauthorized use of your account, you may be liable for the losses of WhatsGoodApps 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 blurr messenger servers in a given period of time than a human can reasonably produce in the same period by using the blurr messenger application, and you are forbidden from ripping the content unless specifically allowed.  

D. You agree to comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download blurr messenger Service, including any terms regarding payment for In-App Purchases made through such platforms.

4. User Data Submissions

A. The blurr messenger Service allows blurr messenger users to submit text, photos, links and other communications submitted by you (collectively, the “Data Submissions”). These Data Submissions may be hosted, shared, and/or published as part of the blurr messenger Service, and may be visible to other users of 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, WhatsGoodApps does not guarantee any confidentiality with respect to any submissions.

B. 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 blurr messenger all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage WhatsGoodApps or any third party; (iii) submit material that is unlawful, obscene, contains nudity, 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.

6. Limitation of Liability

IN NO EVENT SHALL BLURR MESSENGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (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 SECURE 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 SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLURR MESSENGER SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BLURR MESSENGER 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 WhatsGoodApps.com from its facilities in the United States of America. BLURR MESSENGER makes no representations that the BLURR MESSENGER Service is appropriate or available for use in other locations. Those who access or use the blurr messenger Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

You agree to defend, indemnify and hold harmless blurrr messenger, 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 blurr messenger 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 Data Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the blurr messenger Service.

8. Ability to Accept Terms of Service

You affirm that you are either more than 18 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 blurrr messenger Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the blurr messenger 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.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by blurrr messenger without restriction.