Terms of Service BlingBy

About our Terms of Service

YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SERVICE IS NOT INTENDED FOR CHILDREN 13 YEARS OLD OR UNDER. IF YOU ARE 13 YEARS OLD OR UNDER, PLEASE DO NOT USE OR ATTEMPT TO USE THE SERVICES.

These Terms of Service (“Terms”) apply to all users of the Blingby services. Blingby services include the use of the websites, the mobile applications (collectively the “Services”), including users that use Content provided by the Service and those users who contributor Content on the Service. The Service includes links to third party websites and content that is not owned, operated or controlled by Blingby and Blingby assumes no responsibility for the content, privacy policies, terms of service or practices of any third party websites. In addition, Blingby cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Blingby from any and all liability arising from your use of any third-party website.

“Content” includes, but is not limited to text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features or other materials that are streamed, uploaded, downloaded or appear on or in connection to any of the Services regardless whether the user establishes a Blingby account.

These Terms include and incorporate herein aspects of the Blingby Privacy Policy, which is located at www.blingby.com/privacy and the Blingby Rules, which are located after our Terms of Service.

Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms, and where applicable the Privacy Policy and Rules. By accessing or using the Services you acknowledge that you have reviewed these Terms, the Privacy Policy and Rules and agree to be bound by them and to comply with them.

Please note that Blingby reserves the right to modify and amend these Terms, the Privacy Policy and the Rules from time to time in order to respond to new conditions, including but not limited to, the addition of new content, new services, changes in applicable laws and the like. Blingby will attempt to provide notification to you when major changes are made to these Terms, the Privacy Policy and the Rules; however, the most up-to-date version of these Terms are located at www.blingby.com/terms.

Continued access to and use of the Services is likewise conditioned on your acceptance and compliance with these modifications and amendments. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

IF YOU DO NOT ACCEPT AND AGREE WITH OUR TERMS OF SERVICE THEN YOU MUST NOT ACCESS OR USE OUR WEBSITE OR MOBILE APP

1. Ability to Accept Terms of Service

You may use the Services only if you can form a binding contract with Blingby and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

If you are a minor, 13 years old or under, you may not create an account with Blingby, use the Services or upload or post Content to the Service. You may, browse the website with your parents’ or guardians’ permission and under their supervision.

If you are an unemancipated minor between the ages of 14 and 17 years of age, you may establish a Blingby account, use the Services and/or upload or post Content to the Service with your parent’s or guardian’s permission and under their supervision.

Otherwise, you affirm that you are either 18 years or older or are an emancipated minor.

2. Blingby Accounts

In order to access some of the features of the Service, you will have to create an account with Blingby. When creating an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs with respect to your account – keep your password secure. We recommend that you use a unique password for your Blingby account that is different from other services that may be associated or connected with your Blingby Account (such as email, Facebook or Twitter). We further recommend that you use a strong password that uses both letters and numbers or symbols.

Do not allow others to use your account without permission or supervision. Notify Blingby immediately in the event of any actual or suspected breach of security or unauthorized use of your account.

Blingby will not be liable for your losses caused by unauthorized or unsupervised use of your account; however, you may be liable for the losses of Blingby or others due to such unauthorized or unsupervised use.

Any Content you post, submit or display will be viewable by other users of the Services and potentially through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You are solely responsible for your use of the Services and for any Content you post to the Services and agree to accept any liability arising out of such Content.

Blingby will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat copyright infringer. Blingby also reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Blingby may at any time, without prior notice terminate a user’s account for submitting such material in violation of these Terms and/or the Blingby Rules.

3. General Use of the Services

Blingby grants you permission to access and use the Services as set forth in these Terms provided that: (1) you agree not to distribute in any medium any part of the Service or Content (other than your own Content) without Blingby’s written permission or unless Blingby makes the means for such distribution available to you through functionality offered through the Services; (2) you agree not to alter or modify any part of the Service; (3) you agree not to access Content (other than your own Content) other than through the Service itself; (4) you agree not to use the Service for commercial uses absent prior written approval; (5) you agree not to collect or harvest any personally identifiable information, including account names, or to use the Service for any commercial solicitation purposes and agree not to solicit, for commercial purposes, any users of the Service with respect to their Content; (6) you will comply with all applicable laws; and, (7) you agree not to circumvent, disable or otherwise interfere with any security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You may not do any of the following while accessing or using the Services or any of the third party Content, services or software used by the Services: (i) access, tamper with, or use non-public areas of the Services, Blingby's computer systems, or the technical delivery systems of Blingby's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Blingby (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Blingby (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Blingby is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Moreover, you shall not download any Content unless you see a “download” or similar link or function displayed on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, sell, license or otherwise exploit any Content for any other purposes without the prior written consent of Blingby or the respective licensors or providers of the Content. All rights not expressly granted in the Service and the Content are reserved by Blingby and the Content providers.

The Services that Blingby provides are always evolving and the form and nature of the Services that Blingby provides may change from time to time without prior notice to you. In addition, Blingby may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Blingby on the Services are subject to change. In consideration for Blingby granting you access to and use of the Services, you agree that Blingby (it’s parents, subsidiaries, affiliates and successors), third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

All Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms.

We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

We do not endorse or support any opinions, positions, products, recommendations or advice expressed in any Content or as part of the Services and Blingby disclaims any and all liability in with respect to the foregoing in connection with Content or Services. Likewise, artists that appear in the Content or Services do not necessarily endorse or support any opinions, positions, products, recommendations or advice expressed in any Content or as part of the Services.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive and that Blingby is not responsible for such Content or intellectual property rights relating to such Content.

You agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against Blingby with respect to the Content, and to the extent permitted by applicable law, agree to indemnify and hold harmless Blingby, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services. Under no circumstances will Blingby be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.

5. Your Content and Rights

You may submit Content to the Services, you understand that Blingby does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any Content you submit and you license to Blingby all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services. You agree that Content that you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Blingby all of the license rights granted herein.

You further agree that you will not submit to the Services any Content or material that is contrary to the Blingby Rules, which may be updated from time to time or material that is contrary to applicable local, national and international laws and regulations.

You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Blingby needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant Blingby (and it’s parents, subsidiaries, successors and affiliates) a worldwide, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works thereof, display, modify, process, adapt, publish, transmit, stream and distribute such Content in any media formats and through any media channels now known or later developed.

You further agree that this license includes the right for Blingby to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Blingby for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Blingby, or other companies, organizations or individuals who partner with Blingby, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

In that regard, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a video through your connected Twitter account, we will adapt your Content so that it can be attached to a Tweet in a Twitter card.

You also hereby grant each user of the Service a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display, stream and perform such Content as permitted through the functionality of the Services and under these Terms.

These licenses granted by you in the submitted Content terminate within a reasonable time after you remove or delete your Content from the Service. You agree, however, that the Service may retain (but not display, distribute or perform) server copies of Content that has been removed or deleted.

Again, you are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Blingby will not be responsible or liable for any use of your Content by Blingby in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Privacy

Any information that you provide to Blingby is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Blingby. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Blingby account, which you may not be able to opt-out from receiving.

7. Blingby Rights, Restrictions on Content and Use of Services

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Blingby and its licensors. The Services are protected by Blingby’s intellectual property including but not limited to copyright, trademark, and other laws of both the United States and foreign countries.

Blingby reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Blingby, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames and profile URLs without liability to you. The Blingby Rules (which are part of these Terms) further detail what is prohibited on the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Blingby, its users and the public. Blingby does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

9. Copyright Policy

Blingby respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Blingby will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Copyright Agent – Blingby
Email: report@blingby.com

10. Ending These Terms

The Terms will continue to apply until terminated by either you or Blingby as follows.

You may end your legal agreement with Blingby at any time for any reason by deactivating and deleting your account and discontinuing your use of the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect Blingby's rights to change, limit or stop the provision of the Services without prior notice, as provided above herein.

11.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Blingby and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Blingby Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services and Content are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, BLINGBY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Blingby Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Blingby Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Blingby Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLINGBY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BLINGBY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BLINGBY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BLINGBY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

D. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold the Blingby Entities harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification will survive these Terms and your use of the Services.

E. Applicability to Third-Party Products, Services or Destinations

All of the foregoing disclaimers of warranties, limitations of liability, etc. contained in sections A through D above additionally apply to the extent permitted by applicable law to any products, services or destinations that are advertised, merchandised, offered for sale or sold through links to third-party websites, services or the like.

In addition, users acknowledge and agree that such third-party websites, services or the like may impose additional restrictions, disclaimers or warranties according to their respective terms of service, policies and practices.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

We do not endorse or support any opinions, positions, products, recommendations or advice expressed in any Content or as part of the Services and Blingby disclaims any and all liability in with respect to the foregoing in connection with Content or Services. Likewise, artists that appear in the Content or Services do not necessarily endorse or support any opinions, positions, products, recommendations or advice expressed in any Content or as part of the Services.

12. General Terms

A. Waiver and Severability

The failure of Blingby to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Moreover, Blingby’s failure to assert any right or provision under these Terms shall be deemed a further or continuing waiver of such right or provision.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

The Services are controlled and offered by Blingby from the State of Delaware, United States. Blingby makes no representations that the Services are appropriate or available in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree that: (i) the Services shall be deemed solely based in the State of Delaware, United States; and (ii) the Services are deemed to be a passive website and service that does not give rise to personal jurisdiction over Blingby, either general or specific, in jurisdictions other than the State of Delaware, United States.

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the State of Delaware, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. Federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).

C. Entire Agreement

These Terms, the Blingby Rules and our Privacy Policy are the entire and exclusive agreement between Blingby and you regarding the Services (excluding any services for which you have a separate agreement with Blingby that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Blingby and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at www.blingby.com/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

D. Assignability

These Terms and any rights or licenses granted hereunder may not be transferred or assigned by you; however, they may be assigned or transferred by Blingby without restriction.

E. Time Limits on Causes of Action

You and Blingby agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Services are operated and provided by Blingby, LLC. If you have any questions about these Terms, please contact us.

Effective: June 1, 2015

_____________________________

The Blingby Rules

About our Rules

Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user content and will not censor user content, except in limited circumstances described below.

Blingby reserves the right to modify or amend these Rules in its sole discretion in order to respond to new conditions, including but not limited to, the addition of new content, new services, changes in applicable laws and the like. Blingby will attempt to provide notification to you when major changes are made to these Rules; however, the most up-to-date version of these Rules are located after our Terms of Service at www.blingby.com/terms.

Reporting Rule Violations

If you have concerns that some of the Blingby Rules are being violated, please report the violation to us at the following email address: report@blingby.com. Please provide us with the account or screen name of the potential offender, the URL of any offending Content and a brief description of specific issue.

Content Boundaries and Use of Blingby

In order to provide the Blingby service and the ability to communicate and stay connected with others, there are some limitations on the type of content that may be published with Blingby. These limitations comply with legal requirements and make Blingby a better experience for all. Blingby may update or modify the Content Boundaries of Use from time to time by posting the changes on this site.

Impersonation:

Accounts portraying others in a manner that does or is intended to mislead, confuse, or deceive others may be permanently suspended.

Trademark:

Use of a company or business name, logo, or other trademark-protected material in a manner that misleads or confuses others with regard to its brand or business affiliation may be considered a violation.

Private information:

You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization.

Sensitive Media:

Sensitive media, such as nudity or mild violence, may be subject to certain limitations, including but not limited to warnings to users and restrictions preventing that content from appearing in Blingby Channels.

Explicit Graphic Content:

You may not publish or post explicit sexual, violent or otherwise graphic content, such as explicit depictions of abuse, child abuse, animal abuse, or bodily harm. For more information on this policy and its application, please see this help center article.

Pornography and Sexually Explicit Content:

You may not post content that is pornographic or sexually explicit—even if it is of yourself or marked as sensitive. For more information on this policy and its application, please see this help center article.

Child Endangerment:

Blingby has a zero-tolerance policy for sexual content involving minors. Uploading, commenting, or engaging in any type of activity that sexualizes minors will immediately result in an account suspension and the user will be reported to authorities.

In cases where submitted Content contains child sexual abuse imagery, our team will report it to NCMEC, who in turn works with global law enforcement agencies.

Also, be advised that we will work closely with law enforcement and we will report child exploitation.

Threats:

You may not publish or post content that is intended to incite others to commit violence, mocks victims of violence, or includes a direct and specific threat of violence to others.

Harassment and Cyberbullying:

We want our users to use the Services without fear of being subjected to bullying and/or malicious harassment. In cases where harassment crosses the line into a malicious attack it can be reported and will be removed. In other cases, users may be mildly annoying or petty and should simply be ignored.

Hate Speech:

You may not publish or post Content that promotes violence or hatred against individuals or groups based on certain attributes, such as: race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or gender identity.

Copyright:

We will respond to valid and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.

Unlawful Use:

You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

Harmful or Dangerous Content:

You may not publish or post Content that encourage dangerous or illegal activities that have an inherent risk of serious physical harm or death.

Defamation:

Defamation laws vary from country to country but usually concern content that damages the reputation of another person or business. Although the definition of defamation varies around the world, in general, defamation is any untrue statement that is harmful to someone's reputation or causes someone to be shunned or avoided.

We take into account local legal considerations in our defamation blocking process, and in some cases, we require a court order. For us to be able to process a defamation blocking request, the claim needs to be specific and strongly supported. For example, it needs to explain why you believe the statements are untrue and how it damages your reputation.

In some cases, uploaders willingly remove harmful content. Because obtaining a court order can be costly and time-consuming, we encourage users to contact the uploaders of the content in question directly.

Spam and Abuse

Blingby strives to protect its users from spam and abuse. Technical abuse and user abuse are not tolerated on Blingby and may result in permanent suspension.

Serial Accounts:

You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts.

Profile URL Squatting:

You may not engage in profile URL squatting. Accounts that are inactive for more than six months may also have their profile URLs removed or reclaimed without further notice. Some of the factors that we take into account when determining what conduct is considered to be profile URL squatting are: the number of profile URLs created; creating profile URLs for the purpose of preventing others from using those profile URL names; creating profile URLs for the purpose of selling those profile URLs.

Invitation spam:

You may not use any of the BBMe features to send repeat, mass invitations.

Selling accounts:

You may not purchase or sell Blingby accounts.

Malware/Phishing:

You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer, or to compromise a user’s privacy or login information.

Spam:

You may not use the Blingby service for the purpose of spamming anyone. Some of the factors that we take into account when determining what conduct is considered to be spamming are:

Blingby posts:

If you post content with the sole purpose of directing users to an external site or service, particularly if the service advertised is in the business of buying/selling account interactions (followers, “Likes”, etc); If you post content with deliberately misleading tags or channels; If you post multiple unrelated content to a hashtag, particularly hashtags surfaced in the Explore tab; If you post duplicate content over multiple accounts or multiple duplicate Blingbys on one account; If you purchase “Likes” or re-Blingbys in an attempt to increase the popularity of your content, through automated or other means; If you use serial accounts to auto re-Blingby your content to increase its popularity.

Post interactions:

If a disproportionate number of users flag your content; If a disproportionate number of your comments have been deleted; If a disproportionate number of users are blocking your profile; If a disproportionate number of users are reporting your profile for spam; If you post large numbers of duplicate comments; If you post large numbers of unsolicited comments in an attempt to advertise a service or link; If you “Save” a large number of videos, artists, products, destinations, and users in an attempt to attract attention to a profile.

Following behaviors:

If you have followed a large number of users in a short time period; If you have followed and un-followed the same users in a short time period, particularly by automated means (aggressive follower churn); If you repeatedly follow and un-follow users; If you have a small number of followers compared to the amount of people you are following; Creating or purchasing accounts in order to gain followers; Using or promoting third-party sites or services that claim to get you more followers (such as follower trains, sites promising "more followers fast," or any other site or service that offers to automatically add followers to your profile).

Profile Images; Selfies and Videos:

You may not use obscene or pornographic images in your profile photo or uploaded selfies or videos.

Accounts engaging in any of the activities specified above may be subject to permanent suspension.

Effective: June 1, 2015