Terms of Use

Last updated: November 22, 2013

Please read these Terms of Use (“Terms”) carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the “Services”) of BlurtOut (“we” or “us”), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your BlurtOut account.

Our Audience

This section is about who can use BlurtOut.

BlurtOut is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating BlurtOut accounts.

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, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one BlurtOut account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Usage Data

This section is about data we collect.

By using the BlurtOut application you agree to let BlurtOut collect information about your usage of the application. You also agree to let BlurtOut collect certain types of information from and about your device. For example, if you choose to use our “Post Photo” feature, you agree to let BlurtOut access the photo album on your device and upload data to its servers. For more information about the information we collect from you and your device and BlurtOut’s privacy practices, please review our Privacy Policy.

User Content

This section is about your stuff—content you create.

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, text, graphics, items or other materials (collectively, “User Content”). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings.

You agree that you are solely responsible for your User Content and that BlurtOut is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to BlurtOut, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.

BlurtOut Content

This section is about our stuff—content we create.

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, “BlurtOut Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of BlurtOut Content may violate such laws and these Terms. Except as expressly provided in these Terms, BlurtOut does not grant any express or implied rights to use BlurtOut Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, BlurtOut Content, the Services or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and BlurtOut Content. This license is revocable at any time. This license is subject to these Terms and does not include:

Any use of the Services or BlurtOut Content other than as specifically authorized in these Terms, without the prior written permission of BlurtOut, is strictly prohibited and will terminate the license to use BlurtOut granted in these Terms.

Prohibited Activities

This section is about some things you can’t do as a BlurtOut user.

In addition to the other restrictions outlined in these Terms, you agree that you will not:

You further agree to abide by any third-party terms that apply when posting reviews of BlurtOut, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. Posting BlurtOut usernames in app store reviews is strictly prohibited and may result in the deletion of your BlurtOut account.

Account Security

This section is about account security.

After opening a BlurtOut account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.

Modifications to the Services

This section is about the possibility that we may change the Services in the future.

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

Disclaimer

THE SERVICES AND THE BLURTOUT CONTENT ARE PROVIDED “AS IS” 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 BLURTOUT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

Note to International Users

The Services are hosted in Japan. If you are a user accessing the Services from the United States, the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from laws of Japan, please be advised that through your continued use of the Services, which are governed by law of Japan, you are transferring your personal information to Japan and you consent to that transfer.

Disputes

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless BlurtOut, our managing members, shareholders, employees, affiliates, licensors and suppliers (the “BlurtOut Parties”) 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 use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

2) Limitation of Liability

Except where prohibited by law, in no event will BlurtOut or the BlurtOut Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if BlurtOut has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against BlurtOut for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, BlurtOut is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, BlurtOut’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

3) Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BLURTOUT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and BlurtOut agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and BlurtOut are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and BlurtOut agree (a) that any arbitration will occur in Tokyo; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the district or summary courts of Tokyo have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BLURTOUT WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

4) Forum and Venue

A lawsuit, if any, by you or BlurtOut against the other will occur in district or summary court in Tokyo. You and BlurtOut agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law

Any dispute between you and BlurtOut will be governed by these Terms and the laws of Tokyo Prefecture and applicable law of Japan, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Serverability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and BlurtOut.