Welcome to BLU News! Please read the following terms. They govern your use of the BLU News service and also govern your relationship with us.
BY DOWNLOADING, ACCESSING AND/OR ACTIVATING THE BLU NEWS SERVICE, YOU ARE ACCEPTING THESE TERMS (“Terms” or “Agreement”). YOU AGREE TO RESOLVE ANY DISPUTE WITH US BY ARBITRATION. If you do not agree, simply do not access or use the service.
1. These terms serve as a contract between you and us. We use: (a) the term “Services” to mean the BLU News applications, software, content and service; (b) the term “you” to mean you and any person or entity accessing the Services through your devices and account; and (c) the term “we” or “us” to mean the supplier of the Services, including Mobile Posse, Inc.,BLU, our suppliers and distributors. You understand and agree that you are accepting this terms electronically, which has the same force and effect as an agreement in writing. When you download and/or activate the Services on your device, you are opting into the functionality and features of the Services and agreeing to these Terms.
2. You must be at least 18 years of age and a user in the United States. You must (1) be 18 or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) currently be a resident in the United States. Any registration information you provide to us from time-to-time must be true, accurate, and complete, and you agree to keep it that way at all times. We may use any technical and legal means to prohibit any violations of this Section 2.
3. Additional terms may apply to certain features of the Services. Any additional terms will be posted before you begin using any additional features or services. You agree that those additional terms become a part of this Agreement. You understand and agree that you also are subject to the terms and conditions that apply to your device with BLU and the use of your device with your carrier.
4. We may change the Terms from time-to-time as our Services evolve. We may need to modify our Terms at times to reflect changes in the law or as our products and offerings evolve. We will post notices of any material changes to the Terms. If you do not agree to the changes, you may discontinue or cancel your use of the Services. On the other hand, if you continue to access and use the Services after we post the changes, you signify your agreement to the updated terms.
We may change or discontinue the Services at any time and without liability to you.
6. When you activate the Services, you may receive push notifications to your device through the Services. We use push notifications to send you alerts related to the content provided through the Services. You understand and agree that push notifications is a feature of the Services. At any time, you can manage your push notification preferences or deactivate these notifications at any time by turning off the notification settings in the application on your device in the Device Settings of your mobile device. If you choose not to receive push notifications, then you will still receive In-application notifications in the Notifications section within our application on your device.
7. When you use the Services on a mobile device, we may also collect location information from the GPS functionality on your device. You authorize us, our suppliers, licensors and the Services to take such actions and access such data. You can grant or revoke your consent at any time by changing the settings on your device.
8. Our Services are for users in the United States only. We host and offer our Services only for users in the United States. Our Services are not intended for users in any other country. We may use any technical means to prohibit users from other countries.
9. The Services offers content from a variety of providers that are not owned or controlled by us. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, editorial quality, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party materials. Some content may be disagreeable to some users. Any content provided through the Services should not be construed as being endorsed by us. Such content is the sole responsibility from the providers of the content. We provide the content for entertainment and informational purposes only; you acknowledge that any reliance on such content shall be at your sole risk. We may, but have no obligation to, remove, edit, block, and/or monitor content that we determine in our sole discretion violates these Terms, our policies or applicable laws. We may -- but we have no obligation - to make the Services available in languages other than English.
Likewise, the Services may contain links to third-party websites and services, and/or display advertisements for third parties. Such third-party links and ads are not under our control, and we will not be responsible for such content.
10. We give you a limited right to access and use the Services. The Services and associated applications are license, not sold. We give you a limited, non-exclusive, “as-is,” revocable and non-transferable license to install and use the Service for your own use. We and our suppliers and distributors reserve all other rights in the Service.
Open Source Software is not licensed under this Section 10 and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
11. We and our vendors own all rights in the Services. You agree that we and, as the case may be, our vendors, own all legal right, title, and interest in and to the Services, including any intellectual property rights. Such intellectual property rights are protected by applicable laws. Using the Service does not give you ownership of any intellectual property rights in the Service or the content you access.
12. You are responsible for all activities on or through your account and your devices that access the Services. You may not misuse the Services. You are responsible for the misconduct of anyone who accesses the Services through your devices or through your account. You may not upload or share any materials that (a) violate the law; (b) violate the privacy and intellectual property rights of others; (c) contain obscenity, harassment, or denigrate others based on religion, gender, sexual preference, age, or race; or (d) promote unlawful conduct. You may not directly or indirectly (i) try to gain unauthorized access to the Services or out computer network; (ii) attempt to scrape or mine our databases; (iii) copy, redistribute, frame, resell or license access to the Services; or (iv) reverse engineer, decompile, disassemble, modify or create works derivative of the Services or its applications and software. We may take any legal or technical remedies we deem necessary if we believe you are in violation of this section. You grant us and our distributors an irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the Service. Since the Services are designed for use with mobile devices, you agree you will not use the Services in a way that distracts you and prevents you from obeying traffic laws or may cause harm to you or others.
13. We provide the Services “As Is.”WE PROVIDE THE SERVICES “AS IS” AND WITH ALL RISKS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE FURTHER DISCLAIMS ANY WARRANTY OR GUARANTEES OF RESULTS, THAT THE SERVICE WILL BE AVAILABLE IN ALL PLACES AND ALWAYS, THAT ANY CONTENT IS TIMELY, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
14. Our liability is limited. WE, OUR DISTRIBUTORS, SUPPLIERS, DEVICE MANUFACTURERS, AFFILIATES, SUCCESSORS AND LICENSORS (the “SERVICE PROVIDERS”) SHALL NOT BE LIABLE TO YOU OR ANY SUCCESSOR OR HEIR UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT YOU HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. IN NO EVENT WILL THE SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SERVICE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
15. You must compensate us if someone sues us for any acts or omissions caused by you while accessing or using the Services.You agree to defend, indemnify, and hold us, our affiliates, directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) your breach of these Terms; (b) your acts or omissions; (c) misrepresentations made by you; or (d) the acts or omissions of anyone who misuses the Services under your account or through your devices.
16. If you believe someone is violating your copyrights on the Services, you can notify us by visitinghttps://mobileposse.com/copyright/. Our copyright notice page implements the copyright notice and takedown procedures detailed in the Digital Millennium Copyright Act and other applicable copyright laws.
17. You and we agree to resolve any dispute over the Services or this Agreement by Arbitration.
17.1 In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, you and we will use our best efforts to settle it. You and we will consult and negotiate with each other in good faith and attempt to reach a just and equitable solution satisfactory to both parties. If you and we do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
17.2 The Federal Arbitration Act (“FAA”) governs these arbitration terms. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
17.3 Except as provided below, the AAA rules will govern the payment of filing fees and the AAA’s arbitrator’s fees and expenses. In any arbitration you commence, we will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose.
17.4 If you are an individual and use the Services for personal or household use, its Supplementary Procedures for Consumer-Related Disputes will also apply (“Consumer Claim”). For any qualified Consumer Claim, Mobile Posse will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award in a Consumer Claim that is more favorable than any offer Mobile Posse makes to resolve the claim, Mobile Posse will pay you the award or $1,000, whichever is greater, and pay your reasonable and necessary attorneys’ fees and expenses.
17.5 Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we may have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
17.6 You may also litigate any dispute in small claims court in your county of residence or Arlington County, Virginia, U.S.A., if the dispute meets all requirements to be heard in the small claims court.
17.8 To the extent permitted by law, any claim or dispute must be filed within one year in small claims court or in arbitration. The one-year period begins when the first could be filed or the claim is otherwise barred.
18. These Terms constitute the entire legal agreement between you and us and governs your use of the Services. If any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. THE SERVICES ARE SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SERVICES. You may not assign your rights and obligations under this Agreement to anyone else. The laws of the Commonwealth of Virginia govern the terms of this Agreement. This Agreement may be executed electronically, which shall have the same force and effect as an Agreement signed in writing. We may provide you with required notices electronically. You and we are independent contractor of the other. This Agreement does not create a partnership, employment, or joint venture relationship. Sections 11 to 18 shall survive termination of the Agreement.
Last Updated: 29 June 2018
The Services are provided by BLU Products, Inc. and Mobile Posse, Inc. (“we” or “us”). We use the term “you” to mean the user of the Services.
Our Services are designed to provide you with news, weather and other information that would be of value to you. In order to do that, you provide us with information about your interests that can help make the Services of value to you.Usage Information Collection and Use
You need to activate our Services before the Services’ features become available to you. When you activate the Services, you are consenting to our ability to learn a little more about your interests to deliver the Services with information and content that would be of more interest and use to you.
When you activate the Services, you are opting-in and agreeing that we may collect certain information about you and provide you with our Services.
The information we collect from your use of the Services include:
- The IP address when you access the Services
- Your general location
- Time Zone
- Your device’s operating system
- Your interaction with the Services, such as, when you review an article, how long you spend time on the Services
- Your “click stream,” such as, when you respond to an article and promotions, the pages you visit during a session
- If you respond to or share any promotions or articles
- Signal strength and signal connectivity type on your device
- Browser type
- The time you spend on your device
- Network connection and network speed
- Applications that you may download
- Data from cookies on your device
- Device serial number and IMEI
- Android Advertising ID
For certain features of our Services, we may ask you to provide us with additional information about you, such as your contact information, your mobile and/or home phone number, a unique identifier associated with your device and address, email address, zip code, username, customer account number, contract number, birth date, income range, gender and other information we may request from you. You agree we may collect this information if you elect to provide it to us. You may also have the opportunity to provide the email addresses or mobile phone numbers of friends or family members so that you can tell them about the Services and promotions that may be of interest to them. We also collect information about your interaction with the Services, such as, when you communicate directly with our partners and us, and when you view or click promotions served by us or by our partners on our behalf. This information could include clickstream behavior such as promotion and page views (including the URL address of such pages), search queries, navigation from page to page through the Services, time spent on each promotion or page, and each item that you click or select.
You understand that the Services may provide features that include instant messaging, status updates of your contacts, posts, alerts, reminders, updates, instant messaging preferences, messaging communications and location and, therefore, you should check with your mobile carrier to see if any additional charges apply.
The Services are not designed to provide you with information and content using text messaging, SMS or MMS Services. If we offer such features from time-to-time, you authorize us to communicate with you regarding the Services using SMS, MMS, text message or other electronic means to your wireless device.Cookies
We use “cookies, “pixel tags” and similar technologies. Cookies are small text files that can be read by a web server in the domain that put the cookie on your hard drive. A pixel tag is a small graphic file that allows us to measure the use of Services. Pixel tags allow us to collect information such as IP address of the device that downloaded the page on which the tag appears, the URL of the page on which the pixel tag appears, the time (and length of time) the page containing the pixel tag is viewed, and the identification number (the long string of characters) of any cookie previously placed by that server on your device.
We also use web beacons to help deliver cookies and compile analytics. These may include third-party web beacons, which are prohibited from collecting your personal information.
You have a variety of tools to control cookies and similar technologies, including:
- Browser controls to block and delete cookies;
- Advertising controls as we describe below; and
- Controls from some analytics providers to opt out of data collection in web beacons.
- We may combine all of the information described above with the unique identifier of your device.
We collect certain technical information from our users, such as, the type of software, browsers and devices being used to access the Services and the type of Internet or wireless access used to connect to our Services. If you elect to activate our client software on your mobile device, the software periodically communicates with our servers to verify the status of your account. In addition, we also receive certain non-personally identifiable information from our advertisers, ad networks and publisher partners, and we may combine this information with what we have collected from our users.Location Based Services
We may use your personally identifiable information to (1) conduct customer satisfaction surveys; (2) to deliver the Services, including its content, products, services and offers: (3) to deliver information you have requested; (4) to customize your Services, such as, by providing you with personalized content, offers or promotions that may be of interest to you; (5) to provide location based services to you, such as location-targeted offers and localized search results; (6) to help us better understand and improve the use of the Services; (7) to help address problems with and the functioning of the Services; (8) to monitor and conduct internal review of the Services; (9) to protect the security and integrity of the Services for you and our systems, such as, by collecting URL information to help protect you from rogue advertisements; and (9) to contact you, if necessary or at your request.
We may combine usage information that we collect with information collected from our third-party partners to assemble non-personal, demographic and behavioral information to group users that share a common interest into “audience segments.” These audience segments do not contain personally identifiable information; for example, these segments may disclose that a user located in a geographic area may be interested in home appliances, but this information does not identify or include the name, e-mail address, phone number, mailing address, or user name of any specific individual. We will use these audience segments (a) to match advertisements that may be of interest to our users that fall within that segment and (b) to assist our advertisers, ad networks, and publisher web sites to deliver advertisements and offers that may be of interest to users within a given segment.
We will use your technical information to analyze statistically site usage and to customize the Services, content, layout and services. We may also use third-party analytics services to collect, monitor and analyze the non-personally identifiable information collected as described above. This information will allow us to improve our services, provide content and offers of more interest to you, and better understand and serve our users.Information Sharing and Disclosure
We may share aggregate, non-personal information with our related companies, consultants, advertising clients, advertising agencies, and other third parties. we may share your personal information with other parties in the following circumstances:
- If you have provided your consent by responding to our information requests.
- To our related companies, consultants, advertising clients, advertising agencies and other third parties when disclosure will enable them to perform a business, professional or technical support function for us. These companies are under confidentiality agreements and are prohibited from making any other use or disclosure of your personal information.
- If we determine that there has been a violation of the Terms of Service.
- If we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our right or property, other users of the Services or anyone else that could be harmed by such activities.
- To protect the security and integrity of the Applications, the Services, and your use of the Services.
- To respond to judicial processes and provide information to law enforcement agencies or other governmental authorities or in connection with an investigative matter related to public safety, as permitted by law, or otherwise as required by law.
- To provide information to a company that acquires, is acquired by or is merged with Mobile Posse.
We will not sell your personally identifiable information to any company or organization. However, we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which we transfer substantially all of our assets to which the Services relates. If such a transfer results in a material change in the use of your information, we will provide notice about the choices you have before such transfer takes effect.Use of Third Party Services
We may also share aggregate statistical information about our services with advertisers and publishers. We do not provide any personally identifiable information to these third parties.Tailored Advertising; Do Not Track
We design our Services to provide information of interest and benefit to you. When we display online advertisements to you, we will place one or more cookies in order to recognize your computer when we display an ad to you. Over time, we may gather information from the sites where we serve ads and use the information to help provide more relevant advertisements. We also allow third-party ad companies, including other ad networks, to display advertisements on our sites. In some cases, these third parties may also place cookies on your computer. These companies include, but are not limited to: AdMarvel, Adsmovil, Advertising.com, Google, Jump Tap, Millennial Media, Mojiva, MoPub, Nexage, Opera Mediaworks, Moolah Media, Verve, Where (PayPal) and xAd amongst others. These companies may offer you a way to opt out of ad targeting based on their cookies.
Here are several sources in which you can learn more about online advertising and review the choices you have to opt out of interest-based advertising that cover most of the advertising services we use:
Your AdChoices (Digital Advertising Alliance) and Network Advertising Initiative
You also can download the Digital Advertising Alliance’s ApChoices application for Android devices at: https://play.google.com/store/apps/details?id=com.DAA.appchoices
When you use our mobile services, we may share information we collect from you, such as advertising identifiers and general location information with partners such as Fyber ( www.fyber.com ). For more information on Fyber and the steps you can take to opt-out.
At this time, we do not offer a “do not track” browser option for our Services. However, we offer you choices about our use of your information as provided below.Choices
You have the option to discontinue the collection and use of your personal information by (a) following the instructions you received when you set up any Service or by uninstalling our client software or (b) by contacting us and making a request via email to email@example.com. This opt out only applies to the Services, and does not apply to cookies, pixel tags or web beacons used by third party publishers,advertisers or ad networks on your devices.Children’s Privacy
We recognize the privacy interests of children and we encourage parents and guardians to take an active role in their children’s mobile activities and interests. The Services are not intended for children under the age of 13. Mobile Posse does not target its services to children under 13. Mobile Posse does not knowingly collect personally identifiable information from children under the age of 13.Accessing your Information
In order to help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (e-mail address and password). The appropriate method(s) for accessing your personal information will depend on which sites or services you have used. You may update you information at any time by sending an inquiry to firstname.lastname@example.org.Security
We may employ procedural and technological security measures that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Mobile Posse may use firewalls, password protection, encryption and other security measures to help prevent unauthorized access to your personally identifiable information.Questions
Mobile Posse, Inc.
1010 N Glebe Road
Arlington, VA 22201
Your California Privacy Rights: California privacy law allows California residents to obtain specific disclosures about a business’s privacy practices if it shares information with other companies for direct marketing purposes. To make a request to Mobile Posse under California’s privacy law, please send an e-mail to: email@example.com.