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blixr

© blixr ltd. 2019. All rights reserved

Terms & Conditions

blixr Terms and Conditions

Effective date: Last updated on 1 June, 2019.

Welcome to blixr! Thanks for using our products and services (“Services”). The Services are provided by blixr Ltd. ("blixr", "us", "company", "the app"), registered at Kemp House, 152-160 City Road, London, EC1V 2NX.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

1. Acceptance of Terms

You must follow any policies made available to you within the Services.

By creating a blixr account, whether through a mobile device, mobile application, or computer (collectively, the “Service”) you agree to be bound by (a) these Terms of Use, (b) our Privacy Policy, each of which is incorporated by reference into this Agreement, and (c) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

If you accept and agree to be bound by all of the terms of this agreement, please take a few moments to read these terms before using the app.

We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services, unless you obtain permission from its owner, or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

2. Registration and Eligibility

You may browse the blixr app (“app”) and/or blixr website (“website”) and view content without registering, but as a condition to using certain aspects of the Service, you are required to register with blixr. For more information regarding the information we collect from you as part of registration and how we use it, please consult our Privacy Policy, which can be found at www.blixrapp.com.

blixr is concerned about the safety and privacy of children. For this reason, and to be consistent with terms of use of any third-party service providers used by blixr, you must be at least 18 years old to use the Service.

You shall not:

  • Create any account for anyone other than yourself, without such person’s permission;

  • Use a username that is the name of another person with the intent to impersonate that person;

  • Use a username or blixr account that is subject to any rights of a person other than you without appropriate authorisation: or;

  • Use a username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.

You can delete your Account at any time by going to the “Settings” page when you are logged in and clicking on the “Delete account” link. For more information on how and for how long your data is retained, please consult our Privacy Policy, which can be found at www.blixrapp.com.

blixr reserves the right at its sole discretion to terminate or suspend any account, or make use of any operational, technological, legal or other means available to enforce the Terms at any time, without liability and without the need to give you prior notice.

3. Use of blixr Services

Though blixr strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT blixr DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. blixr MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. blixr RESERVES THE RIGHT TO CONDUCT - AND YOU AGREE blixr MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

By using the Service, you agree that you will not:

  • Use the Service for any purpose that is illegal or prohibited by this Agreement.

  • Use the Service for any harmful or nefarious purpose.

  • Use the Service in order to damage blixr.

  • Spam, solicit money from or defraud any users.

  • Impersonate any person, or entity, or post any images of another person without his or her permission.

  • Bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.

  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users, or disseminate another person’s personal information without his or her permission.

  • Use another user’s account.

  • Create another account if we have already terminated your account, unless you have our permission.

 

blixr reserves the right to investigate and/ or terminate your account without a refund of any purchases, if you have violated this Agreement, misused the Service or behaved in a way that blixr regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

4. Types of content

There are three types of content that you will be able to access on the app:

  • Content that blixr provides ( << Our content>>);

  • Content that members provide( << Member Content>>) (this category includes content provided by our merchant partners and other users of the app and/or website); and

  • Content that you upload and provide ( << Your content>>).

In spite of the fact that we want our users to be able to express themselves as much as possible, there are some contents that are restricted which:

  •  contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass or alarm any other person;

  •  is obscene, pornographic, violent or otherwise may offend human dignity;

  •  is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;

  •  encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;

  •  is defamatory or libellous;

  •  involves the transmission of "junk" mail or "spam";

  •  itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);

  •  shows another person, which was created or distributed without that person’s consent.

This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies, or the law.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

a. Our content

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

bixr grants each user of the Service, non-exclusive, non-sublicensable, limited, personal, revocable, non-transferable license to use, modify and reproduce the content, under the following conditions:

  •  you shall not use, reproduce, modify, distribute or store any content for commercial use, without prior written permission from blixr, or from the copyright holder;

  •  you shall not sell, license, rent, or otherwise use or exploit any content for commercial use, or in any way that violates any third party right;

  •  redistribute content from blixr (unless content is specifically made for redistribution);

  •  hyperlinking to our content;

  •  you shall use our Content for lawful purposes only.

This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by blixr, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer, or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.

b. Member Content

Member Content belongs to the user who posted the content and is stored on our servers and displayed via the app at the direction of the user providing the Member Content.

You do not have any rights in relation to other users' Member Content, and you may only use other blixr users' personal information to the extent that your use of it matches blixr’s purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse other users' information.

c. Your Content

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give blixr (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to blixr). Some Services may offer you ways to access and remove content that has been provided to that Service.

Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Our automated systems analyse your content (including communications) to provide you personally relevant product features, such as customised search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

If you have a blixr account, we may display your Profile name, Profile photo, and actions you take on blixr or on third-party applications connected to your blixr account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your blixr account.

You acknowledge and agree that if you contribute, provide or make available any Content to the Service, you hereby grant blixr a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, adapt, modify, translate, based on Your Content, in whole or in part, in any media, for the purpose of operating the Service.

Notwithstanding the foregoing, blixr does not claim, and you do not transfer any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license.

You can find more information about how blixr uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

5. blixr’s role

a. Listing Service

Unless otherwise stated in the contract between blixr and the Experience Organiser (the Merchant), blixr is not the organiser or owner of the events listed for sale or registration on the Service.

blixr provides the Service, which allows Experience Organisers to list and promote their events, but all sales are, by default and in origin, made by the respective Organiser listed on the applicable event page.

blixr also acts as the Organiser’s limited agent solely for the purpose of using its third party payment providers to collect payments made by customers on the Service, with respect to an event and passing such payments through to the applicable Organiser.

It is the Organiser’s sole obligation to ensure that any event page posting on the Service and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

b. Payments from Customers

All payments made by Customers to attend the Experience of Organisers will be made through the blixr applications. blixr may use third party payment processing partners to process the transaction as Organiser’s limited payment agent.

c. Fees

 

For Merchants, blixr operates a commission model and is in line with the selected Service Plan via the Merchant Dashboard. The selected Service Plans are governed under this Agreement.

d. Refunds

For Merchants, blixr operates a commission model and is in line with the selected Service Plan via the Merchant Dashboard. The selected Service Plans are governed under this Agreement.

All sales to events are final and exchanges will not be granted. In exceptional circumstances, blixr may issue a refund or an exchange. blixr has full discretion to determine when such refunds or exchanges may be appropriate.

6. Purchases; Premier Services

We may make certain products and/or services available to users of the app in consideration of a subscription fee or other fees (“Premier Services”), including the ability to purchase products, services and enhancements, such as the ability to extend your matches If you choose to use Premier Services or make In-app Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premier Services and in-app products, and such additional terms are incorporated herein by reference.

You may purchase Premier Services and in-app products through the following payment methods (each, a “Premier Payment Method”): making a purchase through the Apple App Store, Google Play or other mobile or web application platforms or storefronts authorised by us; paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor.

Once you have requested a Premier Service or in-app product, you authorise us to charge your chosen Premier Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premier Payment Method, you agree to promptly pay all amounts due upon demand by us.

If you want to cancel or change your Premier Payment Method at any time, you can do so via the payment settings option under your profile. Your subscription to blixr Premier Services will automatically renew until you decide to cancel in accordance with such terms.

Premier Services and in-app products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features.

To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.

Deleting your account on blixr or deleting the blixr application from your device does not cancel your subscription.

In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information.

Further, blixr does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premier Services or in-app products) do not imply our, or any of our affiliates' endorsement of such products or services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

7. Disclaimer

The app and its content are delivered on an "as-is" and "as-available" basis. blixr disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. blixr does not promise that the app will be error-free, uninterrupted, or that it will provide specific results from use of the app or any content, search or link on it.

blixr will not be liable for any damages of any kind arising from the use of this app, including without limitation, direct, indirect, incidental, punitive and consequential damages. The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the app your sole and exclusive remedy is to stop your use of the app.

blixr takes no responsibility for any content that you or another user or third party posts, sends or receives through the Service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.

blixr makes no guarantee of any specific result from use of this app or use of the blixr Service.

8. Indemnification

You agree to defend, indemnify and hold blixr, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of, or in connection with:

  •  your breach of these Terms of Service, including, without limitation the Terms of Use, the Merchant Agreement and any other part of these Terms of Service;

  •  your improper use of the Services;

  •  your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action, which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably, as required by us in the defense of any relevant claim.

9. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. blixr may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

10. Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither blixr nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of their Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

Some jurisdictions provide for certain offers, like the implied discount from merchantability, for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

11. Liability for our Services

WHEN PERMITTED BY LAW, blixr, AND blixr’S ASSOCIATES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF blixr, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, blixr, AND ITS ASSOCIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

12. Privacy and Copyright Protection

blixr Privacy Policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that blixr can use such data in accordance with our Privacy Policies. Details can be found on our website, www.blixrapp.com

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright, Designs and Patents Act 1988.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and blixr’s policy about rkesponding to notices on our website www.blixrapp.com

13. Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify blixr and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

14. About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted.

However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between blixr and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

he laws of UK, will apply to any disputes arising out of, or relating to these terms or the Services. Claims arising out of or relating to these terms, or the Services, may be litigated in the courts of UK, and you and blixr consent to personal jurisdiction in those courts, at blixr’s discretion. blixr may elect arbitration as the litigation method at its sole discretion and you consent to these terms.

For information about how to contact blixr, please visit www.blixrapp.com or alternatively for questions you can email blixr at help@blixrapp.com.