Terms of Service

Last updated: November 11, 2017

​Hello and welcome! If you’re here, you’re awesome :)

We’ll keep this as short as possible so you can get back to having fun and helping others. Our legal team insisted we explain the rules to protect you, us, and all our of our hard work because, duh. Sorry I’m not sorry but here’s the deal:

You should read these Terms of Use (“Terms”) carefully. By downloading, accessing, or using the mobile applications, websites, or other products or services of Blikkee Inc. and our affiliates (“Blikkee”, “we” or “us”), or the services, features, or functionality jointly offered with other companies through our mobile application or website (collectively, the “Services”), you agree to be bound by these Terms. These Terms affect your legal rights and obligations. If you do not agree to these Terms, do not use the Services.

In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.

 

Through integration with Venmo or another third party, you may have the opportunity to transmit funds to Blikkee and/or other people. To the extent this functionality is available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to their terms of use.

 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BLIKKEE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Pay It Forward

These Terms form a legal contract and as such will read like a proper legal contract but the bulk of the terms are designed to help users get restaurant recommendations and local advice. These Terms let us provide and continue to improve our Services and prevent a few bad apples from ruining the fun. Please use the Services in the manner which it’s meant to be used. Get a recommendation and ask for advice as often as you’d like but please pay it forward by helping others.

The Blikkee Community

Blikkee is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating Blikkee accounts. For certain features or functionality offered by us or others through the Services, users must be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements. If you are under 18 and use those Services, you may be violating the third party’s governing terms, which we deem a violation of these Terms as well.

 

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Blikkee account.

 

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Privacy

The Blikkee Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with our Privacy Policy.

User Content

The Services consist of a platform that allows users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings and/or by managing your content. You agree to conduct yourself like you would in front of a grandparent you love and respect. Basically, don’t be a jerk. Treat others the way you want to be treated!

 

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Blikkee is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

 

You retain all ownership rights in your User Content. However, by submitting User Content to Blikkee, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the “User Content License”), subject to any privacy settings you have set to control who can see your User Content. Without limiting the foregoing, you agree that the User Content License accords Blikkee the right to sublicense such User Content to other companies, organizations, or individuals in connection with the syndication, broadcast, distribution, promotion, or publication of content later, now known or later developed. No use of User Content, including without limitation, in accordance with the User Content License shall entitle you to any compensation from Blikkee, or any other companies, organizations, or individuals.

Ladies & Gentlemen, Use Manners

Blikkee is meant to provide a platform to exchange restaurant recommendations and local advice, pay it forward, and help others. Our goal in creating these rules is to accommodate the broadest range of self expression while balancing the need for users to be able to use our service safely and enjoyably.

 

Don’t send people advice they don’t want to receive—especially if the advice is mean or profane. Put some care into what you write, the advice you give, and whom you send it to. It’s okay with us if someone takes a screenshot, but we can’t speak for you or your friends.

 

Do not use Blikkee for any illegal activity.  Share photos of food, landmarks or maps. Do not share nudes. That’s not cool.

 

What not to send:

 

Blikkee respects the rights of others and so should you. You therefore may not upload, post, send, or store content that:

Violating these rules may result in the removal of content, the suspension of your account and being prohibited from using Blikkee in the future.

 

Please take these rules seriously and honor them in the spirit in which they are intended. The rules will change and evolve along with the Blikkee user community. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation, at our own discretion.

 

Feedback

You agree that any feedback, suggestions, ideas, or other information or materials regarding Blikkee or the Services you provide, whether by email, SMS or otherwise (“Feedback”), are non-confidential and shall become the sole property of Blikkee. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

Blikkee Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Blikkee Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Blikkee Content may violate such laws and these Terms. Except as expressly provided in these Terms, Blikkee does not grant any express or implied rights to use Blikkee Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Blikkee Content, the Services, or any related software, except as expressly stated in these Terms.

 

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Blikkee Content. This license is revocable at any time. This license is subject to these Terms and does not include:

 

Any use of the Services or Blikkee Content other than as specifically authorized in these Terms, without the prior written permission of Blikkee, is strictly prohibited and will terminate the license to use Blikkee granted in these Terms.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Blikkee, including the iTunes App Store Terms of Service or the Android Market Terms of Service. 

Non-Professional Advice

Opinions and advice received on Blikkee do not necessarily reflect the views of Blikkee or the views of any professionals. Blikkee is intended to be a pay it forward platform for peers to connect, chat and exchange advice on food, restaurants and local culture. Ask for help on Blikkee just like you would ask a friend for advice when you don’t have a friend nearby.

  

Blikkee cannot be held responsible for the use of the content provided. Blikkee and its content (including any user-generated responses or posts) is for informational and entertainment purposes only and is not intended as a replacement or substitute for any professional, medical, legal, or any other advice. In addition, Blikkee makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through Blikkee. If you have specific concerns or find yourself in a situation in which you require professional, legal or medical advice, you should consult with an appropriately trained and qualified specialist.

Account Security

After opening a Blikkee account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure (if logged in via Facebook, through your cell phone number or by any other means) and safe. You agree that you will not share your password or login information with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Blikkee API. If you use any such application or client, you acknowledge and agree that Blikkee will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.

 

When you first create a Blikkee account, we ask for your mobile number or Facebook account to verify your account. Please be aware that your carrier’s text messaging and data fees apply for mobile number and/or Facebook verification.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

Copyright Policy

Blikkee respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Blikkee becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

 

If you believe that anything on the Services infringes any copyright that you own or control please contact us at support@blikkee.com.

To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blikkee to locate the material.

iv. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blikkee to locate the material.

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer

THE SERVICES AND THE BLIKKEE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BLIKKEE ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

Note to International Users

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

Disputes

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend, and hold harmless Blikkee, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “Blikkee Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

2) Limitation of Liability

Except where prohibited by law, in no event will Blikkee or the Blikkee Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Blikkee has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Blikkee for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Blikkee is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Blikkee’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BLIKKEE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Blikkee that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Blikkee are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Blikkee, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c.  Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

d. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Blikkee, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Blikkee.

e. Waiver of Jury Trial. YOU AND BLIKKEE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Blikkee in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BLIKKEE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

f.   Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Baltimore County, Maryland.

g.  Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

h. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

i.   Small Claims Court. Notwithstanding the foregoing, either you or Blikkee may bring an individual action in small claims court.

j.   Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Baltimore County, Maryland, for such purpose.

k.  Survival. This Arbitration Agreement will survive the termination of your relationship with Blikkee.

4) Forum and Venue

A lawsuit, if any, by you or Blikkee against the other will occur in state or federal court in Baltimore County, Maryland. You and Blikkee agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law

Any dispute between you and Blikkee will be governed by these Terms and the laws of the State of Maryland and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Complete Agreement

 

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Blikkee. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Blikkee account.

Questions and Comments

Blikkee welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting www.blikkee.com or emailing our founders, Elan & Jeff, at founders@blikkee.com.