Terms and Conditions
Effective date: July 1, 2022
Welcome to Bleppy!
Introduction
These Terms and Conditions (the “Agreement”) govern the use of the services offered by Bleppy Inc. (“Bleppy,” “we,” “us,” or “our”) at and through the Bleppy.app website (the “Site”) and Bleppy Mobile App (the “App”) ( collectively the “Platform” or the “Services”). This Agreement applies to all visitors, users, contributors, providers, and others who access the Platform (“you,” or “User”).
Please read the terms of this agreement carefully before using the Platform.
THIS AGREEMENT CONTAINS A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Acceptance
Your access to and use of the Platform is conditional on your acceptance of this Agreement. By accessing and using the Platform, you agree on your own behalf, and on behalf of any organization, entity, or other person on whose behalf you may act, to accept and abide by this Agreement for each use of the Services and each visit to the Platform. If you are entering this Agreement on behalf of any organization, you represent and warrant that you have, and at all times will have while accessing and using the Services, authority to bind such entity or person. If you do not agree with all terms and conditions of this Agreement, please do not use the Platform.
By agreeing to the terms and conditions contained in this Agreement, you are also agreeing to the terms of our Privacy Policy, which is hereby incorporated by reference.
Updates
We reserve the right to modify this Agreement at any time by posting an updated Agreement on the Platform. We may also, at our sole discretion, provide subscribed Users with an email notice of changes. You are responsible for regularly reviewing the Agreement and your continued use of the Platform shall constitute your acceptance of the updated Agreement. If any modification is unacceptable to you, you shall cease using the Services. If you have any questions about this Agreement, you may contact us at help@bleppy.app.
Our Services
Overview
Bleppy is a Platform that helps create a better life for pets in need by enabling: i) shelters, rescue groups, and foster homes registered with Bleppy (the “Guardians”) to create an account and upload information about their pets that are currently available for adoption (the “Adoptable Pets”), so the Adoptable Pets can find their forever home; ii) other registered Users (the “Registered Users”) and Guardians to upload information about their lost pets or pets that were found by them (the “Missing Pets”), so the community can help find the owner or the Guardian of the Missing Pets; and iii) the Guardians to receive donations from Users, so the Adoptable Pets can live a better life while waiting for their new family. Bleppy allows Guardians and Registered Users to: (i) share images and videos about the Adoptable Pets and Missing Pets; (ii) share contents in their account profile; (iii) interact with other Registered Users and their content in order to help the Adoptable Pets and Missing Pets; and (iv) leave a comment on Bleppy’s Blog posts.
Disclaimer
Bleppy does not guarantee the truth or accuracy of any information or content uploaded in the Guardians’ or Registered Users’ accounts related to the Adoptable Pets or Missing Pets. Bleppy also does not make any warranty, guarantee, or representation that any documents or information provided by Guardians or Registered Users are true, accurate, or complete. Users searching for Adoptable Pets, collaborating in finding a Missing Pet and/or its owner, and/or making donations to an Adoptable Pet through the Platform, do so entirely at their own risk. At no point can Bleppy be held liable for any conduct, action, or omission of the Guardians or any of its Registered Users whether online or offline. The Guardians and the Registered Users are solely responsible for the information provided in their accounts.
Bleppy does not select, recommend or endorse any Guardians featured on the Platform or through the Services. Certain search features may allow Users to enter in search criteria and see filtered results based on their User inputs. These search features may show Adoptable Pets in order based on the relevancy of search criteria compared to the data made available by Guardians on their account. Any results, or the order thereof, should not be construed as a recommendation of one Guardian or one Adoptable Pet over another.
Bleppy does not guarantee that any Adoptable Pets featured on the Platform will be available for adoption at the time you contact the Guardians or that the Adoptable Pets will meet your expectations. Bleppy does not screen or verify how the donations made by Users are used by the Guardians. If you have any questions as to the Adoptable Pets and/or the Missing Pets, or about how your donation is going to be used by the Guardians, Users shall contact the respective Guardians or Registered Users directly.
Bleppy does not act in any way except as a provider of technology to Users. Bleppy does not offer any kind of advice, opinions, recommendations, or referrals. Bleppy is not a partner, joint venture, employer, or affiliated in any way with any Guardian or Registered User.
Bleppy is not a veterinary professional, and does not offer any veterinary advice, diagnosis, treatment or services or any type of pet care services. If your pet has any health issues you should always contact your own veterinarian and/or veterinary advisors.
Bleppy strongly encourages and recommends that Users independently research the Guardians before scheduling any in-person meeting to adopt an Adoptable Pet or before making any donations through the Services. Bleppy also strongly encourages and recommends Users to conduct all in-person meetings in a public safe location. All in-person meetings between any Users of the Platform are done so entirely at their own risk. Bleppy has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other Users, whether online or offline.
Updates To The Services
Bleppy reserves the right to, without prior notice, amend, modify, and stop providing the Services, to you or to Users generally; or create usage limits for the Services, at any time in our sole discretion. The Services are provided “as is,” and you acknowledge and agree that you will not rely on any existing features of the Services being available in the future, nor any proposed updates becoming available.
Bleppy reserves the right, in its sole discretion, to deliver enhancements, bug and error fixes, updates and upgrades to the Services that are made generally and commercially available to Users of the Services. We make no guarantee that the Services will be available to you at all times and error free.
Eligibility
You may only use the Platform and the Services if you are in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 16 years old or older to use or access the Services. Any use or access to the Services by anyone under 16 is strictly prohibited and in violation of this Agreement. The Platform may not be available to Users previously removed from the Platform by us.
United States Only
Our Platform and the Services are located within the United States and are not intended to be subject to any non-US jurisdiction or law. The Services may not be appropriate or available for use in some US and/or non-US jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws and regulations in using the Services. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose, in our sole discretion.
Bleppy Account
General
You may access and use the Platform for its intended purpose and in accordance with the terms and conditions set forth in this Agreement. You may need to create an account to use portions of the Service. If you choose to register for a Bleppy account, your Bleppy account gives you access to the Services and functionality that we may establish and maintain from time to time in our sole discretion. We may maintain different types of accounts for different types of Users. You are solely responsible for all content that you upload or otherwise provide through the Platform or the Services.
Identity Verification and Identity Check
Bleppy may provide its Registered Users that have a subscription account with access to third-party service providers (such as Stripe) that perform personal identification verification services (“Identity Verification“). Bleppy may require Identity Verification for Guardians that receive $100 or more in donations. Such individuals will not be able to keep receiving donations until they verify their identity with such third-party service providers.
If you undergo an Identity Verification with the third-party service provider via Bleppy, you hereby consent to the collection, use, and disclosure of the information in the Identity Verification with us. Bleppy is not responsible or liable in any manner for the Identity Verification, and we do not endorse or make any representations or warranties regarding the Identity Verification or the accuracy, timeliness or completeness of the Identity Verification.
Bleppy may also require shelters and rescue groups registered in the Platform to submit their license or permit and its expiration date in order to be allowed to use the Platform (“Identity Check“). Bleppy reserves the right to require additional Identity Checks at any time, including without limitation, if the information contained in a previous Identity Check expires or is no longer valid.
In addition, Bleppy may require a verification of all Adoptable Pets every 60 days (“Pet Verification”), by requesting the Guardians to submit a picture of the Adoptable Pet using their mobile phone camera. The Guardians shall keep the information about the Adoptable Pets, including availability for adoption, updated and current on the Platform.
Bleppy is not responsible or liable in any way in the event that any information or documents provided in any Identity Verification, Identity Check, or Pet Verification is not true, accurate, timely, or complete. All Users remain fully responsible to evaluate and investigate the Guardians and Registered Users.
Representations and Warranties
By creating your Bleppy account, you represent and warrant that: (i) your Profile Information (defined below) is accurate and updated; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you agree with this Agreement; and (iv) you have and will continue to comply with all applicable federal, state and local laws, regulations, and ordinances, including without limitation that your Profile Information does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in your Profile Information. “Profile Information” means all pictures, information about the Adoptable Pets and Missing Pets, the adoption process, foster information, contact information, messages, posts and other information provided by you in the User’s account through or in connection with the Services.
Your Responsibility
You are responsible for your compliance with this Agreement. You are responsible for your own acts and omissions and you shall: (i) be solely responsible for the accuracy, quality, integrity and legality of your Personal Information (defined below) and your Profile Information and the means by which you acquire your Profile Information; (ii) use commercially reasonable efforts to prevent unauthorized access or use of the Services; and (iii) use the Services only in accordance with applicable laws, government regulations, and the terms of this Agreement.
Bleppy shall not, in any way, be responsible for any intentional or unintentional misuse of the User’s Profile Information by you (including your employees, your subsidiaries, your Affiliates and/or parent companies) and/or by your users or any third-parties to whom you have granted access to your account. You understand that you are solely responsible for granting access to the Services by providing credentials to other users, and you are solely responsible for safeguarding these credentials.
Account Security
If you choose to register for a Bleppy account, you will create a user identification and a password upon completing the registration process (“Credentials”). When creating your account, you must provide accurate, current, and complete information about you and the Adoptable Pet or Missing Pet, and you must abide by this Agreement. The information entered by the Shelters and Rescue Groups is public, including the email and mailing address (please do not enter the information of its legal representative).
You may not transfer to or share your account with third-parties. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may edit your account information, including your username, password, name, mailing address, email address, and telephone number (collectively, “Personal Information”), and how you interact with the Platform by logging into your account and changing the settings on “Edit My Profile.”
User Generated Content
In creating your Bleppy account, we may provide you with the opportunity to post content in Platform (e.g. comments, suggestions) and in your profile (e.g. texts, photographs, videos). These materials will be treated as non-confidential and may be viewable by other Users of the Platform and through third-party websites. As such, these materials will be treated in accordance with our Privacy Policy.
Prohibited Content
You shall not upload, download, post, email, or otherwise transmit any content that, without limitation:
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third-party;
May be considered false or misleading information;
Violates another’s rights, rights of celebrity or privacy, which includes without limitation uploading a picture of another person without such person’s consent;
Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable;
May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
Would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, or national law; or
Would or be likely to incite, promote, or support discrimination, hostility, or violence.
Monitoring
We or our designees shall have the right (but not the obligation), at our sole discretion, to inquire into the Users’ background and to reject or remove Users’ information that is available via the Platform. If you create an account through the Platform, you acknowledge that we may, at our sole discretion, review your account for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, we and our designees shall have the right to remove your Bleppy account or any content uploaded in your account if it violates this Agreement or is otherwise objectionable to us, and that we may do so without any obligation to you, monetarily or otherwise. We may also review your account based on reports from other Users that identifies your account or its content as inappropriate or based on claims that the shelter, rescue group or Adoptable Pets are not related to you. We may also at our sole discretion not approve or remove comments left by Users in our blog if the comments violate in any way the terms of this Agreement.
Suspension and Termination
You may terminate this agreement at any time by deleting your account and/or stopping using the Platform. To delete your account you should log into your account, go to “Edit My Profile” and then “Delete My Account.”
Bleppy, without prior notice, may suspend or terminate your use of the Platform at any time if, in our sole discretion, your use of the Platform is in violation of this Agreement, or if we otherwise reasonably believe that your use of the Platform could cause damage to the Platform, the rights of other Users, or for any other reason, even if not expressly set forth in this Agreement. Our right to suspend and/or terminate your account does not limit our right or ability to seek any other remedy available to us through this Agreement or at law.
Suspension or termination of your Bleppy account may result in the deletion of your Personal Information and your profile that is saved in or associated with your account. Also, you agree to immediately stop using the Platform and its Services.
Preservation of Your Account Information
We reserve the right, but not the obligation to maintain your Bleppy account information even after you terminate your account with us. You acknowledge and agree that we may preserve your account information and may also disclose your account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce this Agreement; (iii) respond to claims that your profile information violates the rights of any third-party; or (iv) protect our rights, property, or personal safety or of our Users or the public.
Data Security
You understand that the technical processing and operation of the Platform, including your information, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connection networks or devices. We will maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of your Personal Information and the information uploaded in your account. You recognize and agree that hosting content online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Platform, you assume such risks. We offer no representation, warranty, or guarantee that your information will not be exposed or disclosed through errors or the actions, including negligence, of third-parties or us. We will have no responsibility or liability for the accuracy of data uploaded to the Platform or through the Services by you.
User Privacy
Your privacy is very important to us. Our Privacy Policy sets out the categories of personal data and other data we collect, how we collect, store, and use it. By accepting this Agreement you expressly consent to our disclosure and use of your information as described in our Privacy Policy, which is incorporated herein by reference.
We encourage you to read our Privacy Policy before you submit any Personal information to this Platform. Without limiting the terms and conditions of our Privacy Policy, you acknowledge and agree that we may disclose your Personal Information, including your name, mailing address, telephone number, and account activity, or the User’s Profile Information, when we believe, in our sole discretion, that such disclosure is necessary or appropriate to: (i) comply with legal processes, including responding to notices of intellectual property infringement; (ii) enforce this Agreement; (iii) respond to claims that User’s Profile Information violates the rights of third-parties; (iv) to investigate the use of or respond to alleged violations or infringement of Third-Party Content; or (v) to protect our rights, property, or personal safety or that of our Users or the public.
User Conduct
Your Obligations
You agree that you will use the Platform only for lawful purposes and will comply at all times with all applicable laws, including without limitation, all intellectual property, nondiscrimination, privacy and data security laws and will not take any action that harms or violates the rights of any person or entity. You may only use the Platform for its intended purposes.
Prohibited Uses
Without limitation, in using this Services, you agree to not:
Reproduce, duplicate, copy, sell, resell or exploit for commercial purposes any portion of the Platform, use of the Services, or access to the Services without our express written consent;
Use the Service in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes;
Modify or create derivative works based upon User’s Profile Information;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person, entity or property;
Remove or alter any watermark or attribution marks unless expressly permitted by the Services;
Use or access the Services to provide service bureau, time-sharing or other computer hosting services to third-parties;
Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt or interfere with the security of, or otherwise abuse, the Platform, or the Services, system resources, accounts, servers, or networks connected to or accessible through the Platform or affiliated or linked to Platforms;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Services;
Access, tamper with or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution;
Disrupt or interfere with any other User’s enjoyment of the Platform or affiliated or linked to Platforms;
Use any robot, spider, scraper, or other automated means to access Platform for any purpose without our express written permission;
Access the Services in order to build a similar product or competitive product; or
Frame or link to the Platform except as permitted in writing by us.
Use the Platform to sell pets or adopt pets with the intent to sell them later.
Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm any animal in any way.
Guardian’s Account
Guardian’s Representations and Warranties
By creating a Bleppy Guardian account, you represent and warrant that: (i) you are the legal representative of the shelter or rescue group indicated in your profile; (ii) you are the Guardian responsible for the Adoptable Pets referenced in your account; (iii) you have the lawful right to add the Adoptable Pet Information and list the pet as adoptable in the Platform; and (iv) if applicable, you have the right to receive donations on behalf of the organization you represent.
Guardian’s Free Accounts
A “Freemium Account” allows the Guardians to: (i) upload information of up to five (5) Adoptable Pets at a time; (ii) to upload information about Missing Pets (lost or found), so the community can help find the owner or the Missing Pets; and (iii) receive donations from Users and make donations to the Platform. We will not charge you to create a Freemium Account on the Platform.
Guardian’s Account Subscriptions
A “Premium Account” allows the Guardians to upload information of up to ten (10) Adoptable Pets at a time for a monthly fee (“Subscription Fee“) in addition to the activities described in subsections (ii) and (iii) of the Freemium account. A “Pro Account” allows the Guardians to upload information of unlimited Adoptable Pets for a monthly Subscription Fee in addition to the activities described in subsections (ii) and (iii) of the Freemium account. Subscribers of the Premium and Pro Account may also be entitled to additional benefits which will be described at the time of purchase of the services.
A monthly Subscription Fee is only charged when a Premium or Pro Account is created. By creating a Premium or Pro Account you agree to pay all fees and other charges for the term indicated to you at the time of purchase, which are hereby incorporated by reference. You agree to provide current, complete, and accurate payment and account information for all purchases made via the Platform.
If your purchase is subject to recurring charges, you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to change the fee amount and terms, as well as add new pricing and paid Services at any time and in our sole discretion. You can cancel your subscription at any time, by logging into your account and changing the settings under “Recurring Payments.” However, no refunds will be permitted if you cancel your Premium or Pro Account or otherwise terminate this Agreement prior to the end of the subscription term.
If you believe that your subscription was made in error, please contact us at help@bleppy.app within 48 hours of your submission. If in our sole discretion we determine that the subscription fee was made due to our own error, we will return the full subscription amount. If it was determined that it was your error, then we may approve the refund, however the subscription fee returned will be reduced by an administrative fee of up to 10% to cover credit card processing costs incurred.
Registered Users’ Account
Representations And Warranties
By creating a Bleppy account, you represent and warrant that: (i) you are the Registered User indicated in your profile; and/or (ii) you are the Registered User that found or has a Missing Pet.
Free Accounts
A “Freemium Account” allows the Registered Users to: (i) upload information about Missing Pets (lost or found), so the community can help find the owner or the Missing Pets; and (ii) make donations to the Guardians or the Platform. We will not charge you to create a Freemium Account on the Platform.
Donations
Donations to Guardians
The Platform allows Guardians to receive donations from other Users, so the Adoptable Pets can live a better life while waiting for their new family.
To receive donations, Guardians are required to provide us with the monthly expenses of the Adoptable Pet. Guardians also must have a Stripe account and must provide us with all necessary APIs and credentials provided by Stripe. If a Guardian receives a donation for an Adoptable Pet and the Adoptable Pet is adopted before the Guardian receives the donation, the Guardian may use the donation to support another Adoptable Pet.
Each Adoptable Pet can raise a maximum of $1,000 per month in donations. However, if there is an emergency, the Guardian can request the limit to be raised by submitting documentation that confirms such need (e.g. surgery estimate, veterinarian bill, etc.). Each Guardian can raise a maximum of $99,999 per month. All donations are sent to Guardians through Stripe and the Platform will charge a service fee of up to 15% to cover administrative costs and technology fees.
Donations from Users
The Platform allows Registered Users to send donations to the Adoptable Pets, so the Adoptable Pets can live a better life while waiting for their new family. If you make any donations, you understand and acknowledge that the donation is not an adoption fee, and you are not adopting a pet when making a donation. Users can choose to do a one-time donation or recurring donations. Recurring donations are only available to shelters and rescue groups. If your donation is subject to recurring charges, you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
Users can cancel any recurring donations, by logging into their account and changing the settings under “Recurring Donations.” All donations are made through Stripe and are non-refundable once paid. Please refer to Stripe’s Terms of Service and Privacy Policy before making any donations to the Adoptable Pets. Donations made through the Platform are subject to a service charge of up to 15% to cover administrative costs and technology fees.
We do not hold and are not responsible for directing your donation to the Guardian of your choice, and Guardians are explicitly free to determine how donations received through the Platform are used. All donations are automatically sent to the Guardian through Stripe in accordance with Stripe’s terms of service.
Donations to the Platform
The Platform also allows Guardians and Users to make donations to the Platform, so we can improve our Services.
Taxes
Unless otherwise stated, Subscription Fees and Donation Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to, value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction in connection with the Subscription Fees and Donation Fees (collectively, “Taxes”). You are responsible for paying all Taxes associated with the Subscription Fees, Donation Fees and your revenues hereunder.
Our Proprietary Rights
Your Right to Access
You acknowledge and agree that the Platform and the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you, and you alone, a non-exclusive, and non-transferable right to access the Platform and use the Services subject to the terms and conditions of this Agreement. The Services may give you access to descriptions, commentary, documents, articles, and other written or visual content (“Bleppy Content”) which is and shall remain the exclusive property of Bleppy.
This Agreement does not grant you a license to use any software, including any APIs or other scripts (“Software”) separate from what is necessary to access the Platform and use the Services. We may provide you with a Software license, subject to the terms and conditions of a separate agreement, only through express written permission.
Mobile Application
If you install or use our mobile application, software, and services, including any accompanying documentation, we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories. You may use the App in accordance with the terms and conditions of this Agreement. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the App. We will not provide you with any device, internet access, or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
Proprietary Rights
We retain all right, title, and interest in and to the Platform and the Services, including without limitation all software included in and used to provide the Services, the Bleppy trademarks (all names and logos), and Bleppy Content provided on the Platform (collectively, “Bleppy IP”). This Agreement does not grant you (i) any right to reproduce, modify, distribute, license, sell, transfer, or publicly display or perform or otherwise exploit the software included in the Services, (ii) copy, modify, distribute, license, sell, transfer, publicly display or perform or otherwise exploit any content of the Platform; or (iii) any other right to the Bleppy IP or Services not specifically set forth herein. No rights are granted to you other than as expressly set forth in this Agreement.
Licenses in Your Information
You grant to us a non-exclusive, royalty-free, assignable, transferable and sublicensable irrevocable right and license to use, reproduce, adapt, and distribute Provider’s Profile Information as reasonably necessary: (i) to provide the Services as required under this Agreement and to exercise its other rights, and perform its other obligations, under this Agreement, and (ii) to use and disclose information contained in or derived from your Profile Information or Related Data (defined below), on an anonymous (de-identified) basis only, for statistical, analytical, research, marketing, product/service improvement, and other commercial purposes. “Related Data” means data or information (excluding Personal Information) associated with or arising out of use of the Services (including without limitation data associated with requests made to, and responses generated in connection with, the Services). Related Data will be our property, and neither we nor any of its sublicensees shall have any duty to compensate or account to you in connection with the exercise of the foregoing rights.
Promotional Rights
If you create a Guardian account, you agree that we may reference you and may place your name and logo on Platform and marketing materials relating to the Services, as well as in any press releases or “case studies” and the like. You hereby grant us a limited license to use your Profile Information, your trademarks (name and logo only) designated by you for such limited uses, subject to your trademark/logo usage guidelines, if any, provided by you to us. Notwithstanding the foregoing, you may reasonably request removal of any such usage of your trademark/logo with written notice to us.
Trademarks
The Bleppy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bleppy or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Feedback
You may provide us or make public on the Platform notes, emails, postings, letters, suggestions, concepts, or other written materials related to the Services (collectively, “Feedback”). You acknowledge and agree that you do not maintain and will not assert any ownership, intellectual property right, or any other right to the Feedback. You further agree that any Feedback provided to us will not be considered confidential information, and that we are permitted to freely share, disclose, modify, creative derivative works, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law to not be the property of Bleppy, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any Bleppy products or services any Feedback provided by you relating to the provision of the Services.
DMCA Notice
Bleppy respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Platform if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by us or by a third-party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
Your electronic or physical signature.
Bleppy may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). The Bleppy designated Copyright Agent is:
Name: Mariana Reis Silveira
Address: 3400 Cottage Way, Ste G2 #10029, Sacramento, California 95825
Phone: (424) 346-4900
Email: mariana@bleppy.app
Third-Party Content and Services
Third-Party Content
The Platform and Services may contain content or links to third-party apps, services, websites, and other content (“Third-Party Content”) that are not owned or controlled by us. We do not endorse or assume any responsibility for any such Third-Party Content. If you access Third-Party Content from the Platform and Service, you do so at your own risk and you understand that this Agreement and our Privacy Policy do not apply to your use of such Third-Party Content. You expressly relieve us from any and all liability arising from your use of any Third-Party Content, and any terms related to Third-Party Content are solely between you and the Third-Party Content provider. You agree that we will not be responsible for any reliance or damages of any sort relating to your use of Third-Party Content.
Third-Party Services
The Services may provide access to or integrate with third-party apps, services, websites, and other content that are not owned or controlled by us (“Third-Party Services”). All Third-Party Services are provided “As-Is,” and we do not warrant any such Third-Party Services, regardless of whether they are required to use our Services. You expressly relieve us from any and all liability arising from your use of any Third-Party Service, and any use by you of such Third-Party Services is solely between you and the applicable Third-Party Service provider. We do not endorse or assume any responsibility for any such Third-Party Services. If you access Third-Party Services from the Service, you do so at your own risk and you understand that this Agreement does not apply to your use of such Third-Party Services. We shall not be responsible for any disclosure, modification or deletion of your Information resulting from access by Third-Party Services. Additionally, we are not responsible for any downtime or unavailability of Third-Party Services which are outside our reasonable control. Under no circumstances will we be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use a Third-Party Service.
Payment Processor
All payments made through the Platform or Services are processed through a third-party payment processor, such as Stripe (“Payment Processor”), and we do not access or store any financial information, including without limitation, credit card numbers, bank account numbers, or any other information by which a charge can be made. By utilizing Stripe or any other third-party payment processor, you are agreeing to their separate Terms of Service and/or Privacy Policy. We reserve the right to change the Payment Processor at any time. You understand and agree that we will not be held liable for any User’s failure to complete a transaction through a Payment Processor on the Platform or Services. We are in no way responsible for resolving any dispute, support, penalty or issue of any nature that may occur between you and any Payment Processor. Payouts will be made to the bank account or financial institution that you established with Stripe, and the timing of payouts will be in accordance with Stripe’s policies. Any inquiry regarding payouts should be directed to Stripe and not Bleppy. Should a charge be disputed by a donee to a donor, Stripe may reverse the payment to the donor and charge Bleppy as charge-back fee. You agree that we are not responsible for applicable charge-back fees, and we reserve the right to pass on any such charge-back fees to you.
Google Maps
The Services may provide Users with the ability to access and interact with Google Maps. By utilizing Google Maps or any other third-party web-based mapping platform, you are agreeing to their separate Terms of Service and/or Privacy Policy.
Mobile Services
We may make our Platform available via your mobile telephone and/or tablet. Our Platform may not be compatible with all mobile devices, carriers, and service providers, and we do not make any representations or warranties with respect to such compatibility.
Disclaimer of Warranties
WE PROVIDE THE PLATFORM AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND BLEPPY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR (III) DEFECTS, IF ANY, WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLEPPY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION, MATERIALS AND CONTENT PROVIDED IN THE PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE ADVICE; BLEPPY IS PURELY A TECHNOLOGY PROVIDER. YOU AGREE THAT BLEPPY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, YOUR BUSINESS, YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR DOWNLOAD OF OUR SERVICES, PLATFORM, OR ANY CONTENT CONTAINED THEREIN. IN ADDITION, BLEPPY MAKES NO WARRANTY AS TO THAT ANY DOCUMENTS OR INFORMATION PROVIDED BY THE GUARDIANS OR THE REGISTERED USERS ARE TRUE, ACCURATE, OR COMPLETE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL BLEPPY OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE PLATFORM OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLEPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY BLEPPY. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE PLATFORM OR SERVICES; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY USERS OR THIRD-PARTY WHETHER ONLINE OR OFFLINE; OR (VI) ANY OTHER MATTER RELATING TO THE PLATFORM.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE BE HELD RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY, INCLUDING PERSONAL INJURY, RESULTING FROM THE COMMUNICATIONS, IN-PERSON MEETINGS, OR ANY OTHER INTERACTION BETWEEN USERS, THE GUARDIANS, REGISTERED USERS, AND/OR THE ADOPTABLE PETS OR FOR ANY OTHER DAMAGE OR LOSS OUTSIDE OF OUR REASONABLE CONTROL.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF BLEPPY EXCEED $100, OR IF GREATER, THE AMOUNT ACTUALLY PAID BY YOU TO BLEPPY IN THE 12 MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES. ANY CLAIM ARISING UNDER THIS AGREEMENT MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE BLEPPY OF ANY SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS BLEPPY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES”) FOR ANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE SERVICES THAT, WITHOUT LIMITATION, INCLUDES: (I) USER’S PROFILE INFORMATION; (II) YOUR ACCESS TO OR USE OF THE SERVICES FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (III) YOUR CONNECTION TO THE PLATFORM AND/OR SERVICES; (IV) YOUR VIOLATION OF THIS AGREEMENT; OR (V) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY. IN ANY EVENT, BLEPPY WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF ITS OWN CHOOSING AT BLEPPY’S OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO YOUR USE OF THE SERVICES.
Release
In the event of a dispute between you and another User of the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Allocation of Risk
You acknowledge and agree that we provide the Services in reliance upon the disclaimers of warranty and the limitations of liability contained herein, and that the terms of this Agreement reflect an allocation of risk between you and us (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the provisions herein form an essential basis of the bargain between you and us. If you are subject to applicable laws that prohibit you from indemnifying us as set forth herein or prohibit you from entering into the risk allocation arrangement as set forth herein, then the terms will apply to you to the fullest extent permitted by applicable law, it being understood that you and us each wish to enforce the provisions of this Agreement to the maximum extent permitted by applicable law.
Dispute Resolution
Arbitration
For any dispute with us, you agree to first contact us at help@bleppy.app and attempt to resolve the dispute with us informally for at least thirty (30) days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and that such arbitration will be conducted in California, unless you and we agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This arbitration provision is governed by the Federal Arbitration Act.
No Class Action; No Jury Trial
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law
The laws of the United States and the State of California shall govern this Agreement without regard to the principles of conflict of laws. Any dispute between the parties that are excluded from the arbitration agreement or that cannot be heard in small claims court shall be resolved in the United States District Court for the Central District of California, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Central District of California, then the exclusive forum and venue for any such action shall be the courts of the State of California, located in Los Angeles County, and the parties hereby submit to the personal jurisdiction of that court.
General Provisions
Severability
In the event that any provision of this Agreement is considered invalid, illegal or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
Entire Agreement
This Agreement, together with the other terms and agreements incorporated herein by reference, and any amendments and any additional agreements you may enter with us in connection with the Services, constitutes the entire agreement between you and us concerning the Service.
Relationship Of The Parties
You and Bleppy are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by this Agreement.
Waiver
Our failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. A waiver of any default by Bleppy will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
Headings; Summaries
The section headings and any plain English summaries appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
No Transfer; No Assignment
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Third-Party Beneficiaries
Other than as expressly provided in this Agreement, no third-party beneficiaries are intended or will be construed as created by this Agreement.
Notices; Electronic Communication
By providing us with your email address, you consent to receive Bleppy-related communications and notices electronically and you agree that all agreements, notices, disclosures and other communication that we provide to you via the Services or email satisfy any legal requirement that such communications be in writing. We may also use your email address to send you other messages, such as changes to the features of the Services and special offers (“Promotional Messages”). If you do not want to receive Promotional Messages, you may opt out by clicking the “Unsubscribe” link in an email, or by emailing Bleppy at help@bleppy.app.
Force Majeure
Neither party shall be liable for any failure or delay in its performance under this Agreement or any and all addenda due to circumstances beyond its reasonable control (other than the payment of sums due), provided that it notifies the other party as soon as practicable and uses its best efforts to resume performance (such a “Force Majeure Event”). A Force Majeure Event includes, without limitation, strikes, lock-outs, labor troubles, inability to procure materials or services including substantial price increases in materials or services, impacts of pandemics, epidemics, failure of power, riots, insurrection, war or other reasons of a like nature not the fault of such Party. The Party shall immediately provide notice to the other Party of such delay, and performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Each party agrees to strive to develop and maintain adequate backup systems, procedures and resources to assure their respective performance. Whether an event is a Force Majeure Event shall be at the sole discretion of Bleppy.
Contact
For questions regarding this Agreement contact help@bleppy.app.