Last Updated: April 19, 2011
Camino Real, Inc. (“Camino Real”
) maintains websites at http://blip.me
), and makes available to end-users a voice note messaging service through applications for mobile devices (collectively, “Application”
). Please read carefully the following terms and conditions (“Terms”
). These Terms govern your access to and use of the Site and the Application and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Application (“Content”
), and constitute a binding legal agreement between you and Camino Real.
Certain areas of the Site and Application (and your access to or use of certain Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application or Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site, Application or Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE APPLICATION OR BY DOWNLOADING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION OR CONTENT.
Camino Real reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Application or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Application or provide you with notice of the modification. By continuing to access or use the Site or the Application after we have posted a modification on the Site or through the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Application.
The Site and Application are intended solely for persons who are 13 or older. Any access to or use of the Site or Application by anyone under 13 is expressly prohibited. By accessing or using the Site or Application you represent and warrant that you are 13 or older.
Use of the Application and Registration
The Application allows Blipme Users (as defined below) to record and send voice notes in to be played by the recipient via his or her mobile device or on the web. In order to access certain features of the Application, you must register to create an “Account”
to become a “Blipme User”
. We will create your Account for your use of the Application based upon the personal information that you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Camino Real reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Camino Real of any unauthorized use of your Account.
The Site, Application and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Camino Real and its licensors exclusively own all right, title and interest in and to the Site, Application and Content, including all associated intellectual property rights therein. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Content.
If you decide to use any Application, subject to your compliance with the terms and conditions of these Terms, Camino Real grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Camino Real reserves all rights in the Application not expressly granted to you by these Terms. If you download the Application from the iTunes store, you agree that you will only use the Application as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, accessible at http://www.apple.com/legal/itunes/appstore/us/terms.html
Third Party Code
The Application incorporates or is distributed with certain code licensed under one or more open source licenses. A list of the Open Source Code and the applicable license(s) can be found here
. The Open Source Code is licensed to you in accordance with the applicable open source license(s). To the extent that any of the terms and conditions of these Terms conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
Subject to your compliance with the terms and conditions of these Terms, Camino Real grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and use any Content solely for your personal and non-commercial purposes. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Camino Real or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Application (“Feedback”
). You may submit Feedback by emailing us at email@example.com
. You acknowledge and agree that all Feedback will be the sole and exclusive property of Camino Real and you hereby irrevocably assign to Camino Real and agree to irrevocably assign to Camino Real all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as Camino Real may reasonably request to assist Camino Real to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
- Post, upload, publish, submit, provide access to or transmit any text, graphics, images, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, the Camino Real or Blipme name, any Camino Real trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any Camino Real system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Camino Real or any of our providers or any other third party (including another user) to protect the Site, Application or Content;
- Attempt to access or search the Site, Application or Content or download Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Camino Real or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Camino Real trademark, logo URL or product name without Camino Real’s express written consent;
- Use the Site, Application or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
- Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Camino Real has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Camino Real may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Camino Real has no obligation to monitor your access to or use of the Site, Application or Content, but has the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Camino Real reserves the right, at any time and without prior notice, to remove or disable access to any Content that Camino Real, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Application.
Termination and Account Cancellation
If you breach any of these Terms, Camino Real will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Camino Real reserves the right to revoke your access to and use of the Site, Application and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to firstname.lastname@example.org
. The following provisions will survive termination of this Agreement: Ownership, Feedback, General Prohibitions, Disclaimers, Indemnity, Limitation of Liability, Proprietary Rights Notices, Controlling Law and Jurisdiction, Entire Agreement, Assignment and General.
THE SITE, APPLICATION AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CAMINO REAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CAMINO REAL MAKES NO WARRANTY THAT THE SITE, APPLICATION OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CAMINO REAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR APPLICATION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION. YOU UNDERSTAND THAT CAMINO REAL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR APPLICATION, NOR DOES CAMINO REAL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR APPLICATION. CAMINO REAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Camino Real, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application or Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT REMAINS WITH YOU. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR APPLICATION OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAMINO REAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION OR CONTENT EXCEED TEN DOLLARS ($10). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CAMINO REAL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Camino Real Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple iTunes Store (“iTunes Sourced App”
- You acknowledge and agree that (i) these Terms are concluded between you and Camino Real only, and not Apple, and (ii) Camino Real, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.
- In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Camino Real.
- You and Camino Real acknowledge that, as between Camino Real and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Camino Real acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Camino Real and Apple, Camino Real, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and Camino Real acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive understanding and agreement between Camino Real and you regarding the Site, Application and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Camino Real and you regarding the Site, Application and Content. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Camino Real may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of the Application or the Site. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will given by us: (x) via email (in each case to the address that you provide, if applicable) or (y) by posting to the Site or through the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure of Camino Real to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any questions, complaints or claims with respect to the Application, please contact Camino Real at email@example.com