This End User License Agreement (“Agreement”) is between you and Blurb (“the App”) and governs use of the App made available through the Apple App Store. By installing the App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the App.
1. Parties - This Agreement is between you and the App only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you.
2. Privacy - The App may collect and use information about your usage of the App, including certain types of information from and about your device. The App may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the App.
3. Objectionable Content Policy - The App enforces a no tolerance policy for objectionable content. If you encounter inappropriate content, you agree to report it using the “Report Objectionable Content” and “Block User” features. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
4. Limitation of Liability - You hereby waive, release and relinquish any and all claims for liability and cause(s) of action, arising out of or relating to use of the App, whenever or however they occur and for such period said usage may continue, and by this agreement any such claims, rights, and causes of action that you may have are hereby waived, released and relinquished (where applicable, also on behalf of your heirs, executors, administrators and assigns). In addition to and not to limit any other limitations of liability provided herein, in no event shall the App or its creator be responsible for any liabilities arising out of, but not limited to: (1) the services provided by the App, (2) the content provided by the App, (2) any act or omission by you or any third party related to the use of the App, (3) indirect, consequential, incidental, reliance, special, exemplary or punitive damages (including but not limited to damages for lost profits or lost revenues) arising out of , or related to the use of the App.