Last revised on 03/11/2020
Thank you for using "Blurry" social communication service of Hyperity Corporation (“Hyperity").
You must be at least 18 years of age to create an account on Blurry and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with Hyperity
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account
Hyperity recommends that the user of the service enter the correct information (age, gender), but does not guarantee that information.
4. Modifying the Service and Termination.
Hyperity is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. Hyperity may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate.
5. Safety; Your Interactions with Other Users.
Though Blurry 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 Hyperity does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Hyperity makes no representations or warranties as to the conduct of users.
6. Rights Hyperity Grants You.
Hyperity grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Hyperity and permitted by this Agreement. Therefore, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Hyperity’s prior written consent.
express or imply that any statements you make are endorsed by Hyperity.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Service.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without Hyperity’s prior written authorization.
use meta tags or code or other devices containing any reference to Hyperity or the Service (or any trademark, trade name, service mark, logo or slogan of Blurry) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
use, access, or publish the Blurry application programming interface without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant Hyperity.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account. In consideration for Hyperity allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Hyperity regarding our Services, you agree that Hyperity may use and share such feedback for any purpose without compensating you.
Hyperity can not usually analyze video calls from customers. However, If you have received a report, you agree that the Hyperity will be able to analyze your video calls. Hyperity can analyze the report content and suspend or delete your account. If you make a false report, we will do the same as above.
8. Community Rules
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 Blurry
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.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s 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.
Hyperity 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 Hyperity regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Users’ Content.
Although Hyperity reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Hyperity cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via email@example.com
In App Purchases. From time to time, Hyperity may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Hyperity (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Blurry application from your device. Deleting your account on Blurry or deleting the Blurry application from your device does not cancel your subscription; Hyperity will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items”. You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you.
This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Hyperity ceases providing the Service or your account is otherwise closed or terminated.
Hyperity, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Hyperity may manage, regulate, control, modify or eliminate Virtual Items at any time. Hyperity shall have no liability to you or any third party in the event that Hyperity exercises any such rights.
The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. All purchases and redemptions of virtual items made through the service are final and non-refundable. The provision of Virtual Items for use in the Service is a service provided by Hyperity that commences immediately upon the acceptance of your purchase of such Virtual Items. You acknowledge that Hyperity is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary,
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Hyperity. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account : please contact firstname.lastname@example.org with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet)
Hyperity provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service(including all content contained therein), Including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
Hyperity does not represent or warrant that (A) The service will be uninterrupted, secure or error free, (B) Any defects or errors in the service will be corrected, or (C) that any content or information you obtain on or through the service will be accurate.
Hyperity 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.
12. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Hyperity is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Hyperity is not responsible or liable for such third parties’ terms or actions.
13. Limitation of Liability.
To The Fullest Extent Permitted By Applicable Law, In No Event Will Hyperity, Its Affiliates, Employees, Licensors Or Service Providers Be Liable For Any Indirect, Consequential, Exemplary, Incidental, Special Or Punitive Damages,
Including, Without Limitation, Loss Of Profits, Whether Incurred Directly Or Indirectly, Or Any Loss Of Data, Use, Goodwill, Or Other Intangible Losses, Resulting From: (I) Your Access To Or Use Of Or Inability To Access Or Use The Service, (Ii) The Conduct Or Content Of Other Users Or Third Parties On, Through, Or Following Use Of The Service; Or (Iii) Unauthorized Access, Use Or Alteration Of Your Content, Even If Hyperity Has Been Advised Of The Possibility Of Such Damages.
In No Event Will Hyperity’S Aggregate Liability To You For All Claims Relating To The Service Exceed The Amount Paid, If Any, By You To Hyperity For The Service While You Have An Account.
Some Jurisdictions Do Not Allow The Exclusion Or Limitation Of Certain Damages, So Some Or All Of The Exclusions And Limitations In This Section May Not Apply To You.
14. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Hyperity, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
15. Entire Agreement; Other.
This Agreement, any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Hyperity regarding the use of the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You agree that your Blurry account is non-transferable and all of your rights to your account and its Content terminate upon your death.
No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Hyperity in any manner.
16. Governing Law and Venue.
Any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to Blurry shall become the property of Hyperity. Hyperity will have exclusive ownership of all rights to the Feedback. Hyperity will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Hyperity will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
18. No tolerance policy
Hyperity makes it clear that there is no tolerance for objectionable content or abusive users. Such users may be restricted or permanently suspended from using apps by the reporting system.