Terms and Conditions
Last updated: May 25, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the Blerb.com website and Blerb mobile application (the “App”) operated by Adopted Innovations Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our website and Blerb mobile application (the “App”).
Your access to and use of the App is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the App.
By accessing or using the App you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the App.
Availability, Errors and Inaccuracies
In order to provide exceptional App, and accuracy, we regularly update the products and services on the App.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our App may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the App and in our advertising on other websites.
Some parts of the App are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a regular basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Adopted Innovations Inc. cancels it. You may cancel your Subscription renewal before (not on) the renewal date to avoid recurring charges.
Adopted Innovations Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Adopted Innovations Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the App after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the App, including its legality, reliability, and appropriateness.
By posting Content to the App, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the App. You retain any and all of your rights to any Content you submit, post or display on or through the App and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the App, who may also use your Content subject to these Terms.
You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
(ii) the posting of your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve all rights to block or remove communications or materials that we determine to be:
(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark or, other intellectual property right of another; or
(d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the App, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the App.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our App.
You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password, whether your password is with our App or a third-party App.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The App and all contents, including but not limited to text, images, graphics or code are the property of Adopted Innovations Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the App only for your own non-commercial use, or to place an order with Adopted Innovations Inc.. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Adopted Innovations Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the App.
Links To Other Web Sites
The App may contain links to third-party web sites or Apps that are not owned or controlled by Adopted Innovations Inc.
Adopted Innovations Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or Apps. You further acknowledge and agree that Adopted Innovations Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Apps available on or through any such websites or Apps.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Apps that you visit.
We may terminate or suspend access to our App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App.
You agree to indemnify, defend and hold harmless Adopted Innovations Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to:
(a) legal and accounting fees resulting from your use of the App;
(b) your breach of any of these Terms;
(c) anything you post on or upload to the App; and
(d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the App using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Adopted Innovations Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:
(i) your access to or use of the App;
(ii) your inability to access or use the App;
(iii) any conduct or content of any third-party on or related to the App;
(iv) any content obtained from or through the App; and
(v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer and Non-Waiver of Rights
Adopted Innovations Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the App is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Adopted Innovations Inc. its subsidiaries, affiliates, and its licensors do not warrant that:
(a) the App will function uninterrupted, secure or available at any particular time or location;
(b) any errors or defects will be corrected;
(c) the App is free of viruses or other harmful components; or
(d) the results of using the App will meet your requirements.
If you breach any of these Terms and Adopted Innovations Inc. chooses not to immediately act, or chooses not to act at all, Adopted Innovations Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Adopted Innovations Inc. does not waive any of its rights. Adopted Innovations Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and App provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements, oral or otherwise, regarding the App.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the App.
If you have any questions about these Terms, please contact us.