These Terms of Service ("Terms") are a binding agreement between you and Rick Foster ("Blipr", "we", "us") governing your use of the Blipr app and website (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use Blipr.
Blipr is an adults-only service. You must be at least 18 years old to use Blipr — including simply browsing or listening. By using it you represent that you are 18 or older and have the capacity to enter into these Terms.
You can open Blipr and listen without an account, and we do not ask your date of birth at that point. We ask for it when you create an account (which is what posting, reacting, and Shouts require), and you agree to provide it accurately. If the date you give shows you are under 18, we won't create the account, and you must not continue using the Service. If you have told us you are under 18, we will keep you out on that device.
Blipr lets you post short, anonymous thoughts and feelings that appear as glowing "pulses" near your approximate location and fade after about 24 hours. The only reaction is a heart. There are no public profiles, followers, comments, or direct messages.
You sign in with a phone number and confirm a verified email to protect your account. You are responsible for activity on your account and for keeping access to your phone and email secure. Tell us at blipr.help@gmail.com if you believe your account has been compromised.
You keep ownership of what you post ("User Content"). By posting, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your User Content solely to operate and improve the Service. Because posts are anonymous and ephemeral, we do not attribute them to you publicly. This license ends when your content is deleted, except for copies retained in backups for a limited time or as required by law.
You represent that you have the rights to post your User Content and that it does not violate these Terms or any law.
You agree not to post content that is hateful, harassing, threatening, sexually explicit, or that names, identifies, or targets a specific real person; that shares private or personal information; that is spam, advertising, or links; or that is illegal. Full details are in our Community Guidelines, which form part of these Terms.
You also agree not to: misuse or interfere with the Service; scrape, crawl, or use bots; reverse-engineer or attempt to extract source code; attempt to de-anonymize any user; circumvent our safety, rate-limit, or security systems; or use the Service to violate any law or the rights of others.
You can report content from within the app. We use automated screening and review reports, and we may remove or hide content, and limit, suspend, or terminate accounts that violate these Terms — with or without notice — to keep the community safe. We are not obligated to monitor content but may do so.
Our Privacy Policy explains what we collect and how we handle it, including how we keep your posts anonymous to other users and protect your location. Your posts are anonymous to other users, but Blipr keeps account-linked usage analytics for its own operation, security, and improvement. Blipr may also show occasional local sponsored cards, selected by approximate area; advertisers receive only anonymous aggregate counts and never your identity. By using the Service you agree to the Privacy Policy.
Music playback. Blipr can play full-length songs through third-party music services. This includes YouTube API Services: by playing songs you agree to be bound by the YouTube Terms of Service, and any data collected through the embedded YouTube player is handled by Google under the Google Privacy Policy. If you connect Apple Music or Spotify, playback uses your own account with those services under their terms. Blipr does not download, store, or rehost any audio or video.
The Service, including its name, logo, design, and software, is owned by Rick Foster and protected by intellectual-property laws. These Terms don't grant you any right to our trademarks or branding. We grant you a limited, personal, non-transferable, revocable license to use the Service as intended.
If you send us ideas or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.
We respect intellectual-property rights. If you believe content on Blipr infringes your copyright, send a notice to blipr.help@gmail.com including: identification of the work; identification of the material and where it appears; your contact information; a statement that you have a good-faith belief the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your signature. We will respond as required by the Digital Millennium Copyright Act (DMCA) and may remove infringing material and terminate repeat infringers.
You can delete your account and all associated data at any time from the "You" tab; this permanently removes your posts, history, and login. We may suspend or terminate your access if you violate these Terms or to protect the Service or others. Sections that by their nature should survive termination (e.g., content license for residual copies, disclaimers, limitation of liability, indemnification, dispute resolution) will survive.
The service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, secure, or error-free, or that content posted by other users is accurate, appropriate, or reliable. You use the service at your own risk.
To the fullest extent permitted by law, Rick Foster and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, goodwill, or profits, arising from or related to your use of the service or content posted by others, even if advised of the possibility. Our total liability for any claim will not exceed the greater of the amount you paid us in the past twelve months (currently zero) or twenty-five US dollars ($25). Some jurisdictions don't allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless Rick Foster and its owners and employees from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, or your violation of these Terms or the rights of others.
Please read this section carefully — it affects your legal rights. Except where prohibited by law, you and Rick Foster agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except that either party may bring qualifying claims in small-claims court. Arbitration will be conducted by a recognized arbitration provider under its consumer rules, in the State of California or remotely.
You and Rick Foster agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class or representative action. The arbitrator may not consolidate more than one person's claims.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing blipr.help@gmail.com with your request.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Where arbitration does not apply, disputes will be brought in the courts located in the State of California.
If you live in the EEA or the UK. Nothing in section 16 or section 17 takes away rights you have under the consumer-protection law of the country you live in, where that law says those rights cannot be signed away. In particular: you may bring proceedings in the courts of your own country; the arbitration agreement and the class-action waiver in section 16 do not apply to you where your local law does not allow them; and choosing California law does not override protections your local law gives you. Where those local rules and these Terms disagree, the local rules win.
If you download Blipr from the Apple App Store, the following also applies: these Terms are between you and Rick Foster only, not Apple, and Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support. To the extent any warranty applies, in the event of any failure to conform to a warranty, you may notify Apple and Apple may refund the purchase price (if any); Apple has no other warranty obligation. Rick Foster, not Apple, is responsible for addressing any claims relating to the app, including product-liability, legal-compliance, and intellectual-property claims. You represent you are not located in a country subject to a US embargo or on a US prohibited-parties list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. You must also comply with applicable third-party agreements (such as your wireless carrier's terms).
We may update these Terms or the Service. If we make material changes, we'll update the date above and, where appropriate, notify you in the app. Continuing to use Blipr after changes take effect means you accept the updated Terms.
If any provision is found unenforceable, the rest remains in effect. These Terms (with the Privacy Policy and Community Guidelines) are the entire agreement between us. You may not assign these Terms; we may assign them in connection with a merger or sale. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control.
Questions: blipr.help@gmail.com. Blipr is operated by Rick Foster.