User Terms of Use

Last Revised: April 9, 2013

If you have any questions or concerns about these Terms of Use please don’t hesitate to contact us at support@blip.com. Thank you!

The blip.tv website (the "Website") is a service offered by Blip Networks, Inc. ("Blip"). These User Terms of Use (the "Terms") describe the terms and conditions applicable to all users’ access to and use of the Website, including those users who are also producers who post videos and shows under separate agreements with Blip ("Producers"). If you are a producer submitting or uploading videos or shows to the Website, these Terms in conjunction with additional terms govern your access to and use of the Website.

1. Agreement to Terms and Updates: By accessing or using the Website, you acknowledge that you have read, understand and agree to be bound by these Terms, including the Privacy Policy incorporated herein, which form an agreement between you and Blip that is effective as if you had signed it. YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY.

Blip may revise the Terms at any time by posting the revised Terms on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. You can determine when the Terms were last revised by referring to the "Last Revised" date under the title of the Terms. Changes to the Terms will not be applied retroactively. Blip may make changes to the Website, Content (defined below), Activities (defined below), products, services or features of the Website at any time. You understand and agree that Blip may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.

2. Permitted Users: The Website is directed to persons 18 years of age or older. Some Content on the Website may contain adult language or material and be unsuitable for persons under the age of 18. Blip does not knowingly collect information from children under age 18. If you log into the Website from Facebook or provide information to the Website, you represent and warrant to Blip that you are 18 years of age or older.

If you are under age 13, you are not permitted to use the Website or to submit any information to the Website.

If you are age 13 - 17, you may not submit personal information to the Website, but you may visit, browse and view Content on the Website. You represent and warrant to Blip that you have the permission of your parent or guardian to do so and that your parent or guardian agrees to these Terms on your behalf.

If you are a parent or guardian and believe Blip may have inadvertently collected personal information from your child under age 18, please notify Blip immediately by sending an email to support@blip.com detailing the basis of your belief and your request.

3. Privacy Policy: Please review the Privacy Policy for the Website, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Website.

4. Permitted Uses: The Website and Content are made available for personal, noncommercial entertainment viewing and exchange of ideas. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Website or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

The Website and its content, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ("Content"), is the sole and exclusive property of Blip or the Producers or other content providers or users. You agree not to access the Website by any means other than through a standard web browser or mobile device. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Website or in the Content.

Special terms may apply to some products, services or features offered on the Website, or to any sweepstakes, contests, surveys or promotions that may be offered on the Website (collectively, the "Activities"). Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

5. Proprietary Rights: You acknowledge and agree that, as between Blip and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Blip, its affiliates, suppliers, vendors or licensors, including without limitation Producers (collectively, "Blip Entities") and are protected by United States intellectual property and other applicable laws.

Copyright: All Content is the copyright and property of the Blip Entities and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Website or the Content other than as expressly authorized by Blip in writing.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to the Blip Entities. Unauthorized use of any trademark of the Blip Entities may be a violation of trademark laws. BLIP® and BLIP.TV® are registered trademarks of Blip. Any names or trademarks of other parties referenced in the Website or Content do not constitute or imply affiliation, endorsement or recommendation by Blip of the other parties, or by the other parties of Blip.

6. Your Indemnity of Blip: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE BLIP ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE WEBSITE, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE WEBSITE; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY BLIP ENTITY OR ANY THIRD PARTY; AND (C) ANY ACTIVITY RELATED TO YOUR USER PROFILE, OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR USER PROFILE.

7. Communication Services: The Website may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities or other message or communication facilities designed to enable you and others to communicate with other Website users or Blip (collectively, "Communication Services"). You acknowledge that your submissions to the Website may be or become available to others on the Website and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service.

8. Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Blip reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Blip may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  1. Use the Website or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
  2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  3. Take any action that imposes an unreasonable or disproportionately large load on a Website’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.
  4. Use any Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
  5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites in any manner.
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, intentionally false, or unlawful topic, name, material, content, or information.
  8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
  9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
  10. Use the Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
  11. Harvest or otherwise collect information about others, including email addresses, without their consent.
  12. Engage in any other action that, in the judgment of Blip, exposes it or any third party to potential liability or detriment of any type.
  13. Use Blip to serve third-party players such as custom flash or HTML5 players, mobile applications, or TV applications without the prior explicit approval of Blip. Video files hosted or served by Blip by may only be embedded using the Blip player and/or Blip platforms.
  14. Use Blip to host videos which serve primarily to promote or support a business enterprise. This includes, but is not limited to commercials, testimonials, product demonstrations, product or service overviews, etc. Exception to this policy may be made solely at Blip’s discretion.
  15. Engage in the sale of access to Blip hosted content, including but not limited to embedded players, download links, paywalls or through paid apps on mobile, desktop, television, or other application marketplaces.
  16. Modify, build upon, or block any portion or functionality of the Blip player outside of the options provided via the Blip Producer Dashboard.

9. Exposure to Content: Any Content or views posted or made available through the Website are strictly those of the originating author, user or Producer, who is solely responsible for such Content. Use of or reliance on any Content is entirely at your own risk. Blip does not endorse any Content posted by others nor vouch for its reliability. Under no circumstances will Blip be liable in any way for any Content posted by others.

You acknowledge that Blip may or may not pre-screen Content posted by others, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete, alter, repost, or move any such Content, including without limitation any Content that violates the Terms or are otherwise objectionable in Blip’s sole discretion. Blip shall have no liability for such handling of Content. By viewing this Website, you agree that viewing and reading the Content does not violate the laws or standards imposed by your town, city, state or country.

You understand that by using this Website, you may be exposed to Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any Content. You further acknowledge and agree that you will not rely on any Content available on or through the Website.

10. Submissions: You are solely responsible for the Content that you post, share, email, transmit or otherwise make available via the Website ("Submission"). All Submissions are subject to these Terms. Blip is under no obligation to post or use any Submission and may pre-screen, refuse, delete, alter, repost, or move any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe or violate any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless the Blip Entities from and against any and all claims concerning any use, publication, deletion, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and all necessary rights to post, publish, distribute, or transmit your Submission.

You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Website users and to users of other websites and services throughout the world.

By making a Submission, you grant the Blip Entities and their licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in Blip’s sole discretion, on the Website or elsewhere, and to use or incorporate all or any part of your Submission into advertising, promotion, marketing, review, recommendations, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold the Blip Entities and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.

11. Links to Other Websites: The Website may contain advertisements, postings and links to websites operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of Blip which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. Blip disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Blip is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

12. Linking to the Website: You may link another website to the Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Blip or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Blip or the Website; and (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website. Blip reserves the right to revoke its consent to any link at any time and in its sole discretion. You agree to take down the link if Blip revokes its consent.

13. Modifications: Blip reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Website, Content or Activities, or any portion thereof, with or without notice. You agree that Blip will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, Content or Activities. You should retain copies of your Submissions that you may want to save and not rely on the Website to preserve your Submissions.

14. Suspension and Termination: Blip reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, Content or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Blip shall not be liable to you or any third party for any such suspension, discontinuance or termination.

15. Disclaimers and Limitation of Liability: THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLIP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. BLIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLIP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF BLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

16. Notice Required by California Law: Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is Blip Networks, Inc., 636 Broadway, 3rd floor, New York, NY 10012, 212-691-2800. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@blip.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

17. Governing Law and Disputes: Any dispute between you and Blip arising out of or relating to these Terms, the Privacy Policy, the Website or its Content shall be governed by, and will be construed in accordance with, the laws of the State of New York, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for New York, NY, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Website is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Blip does not represent that the Website or Content is appropriate outside the United States of America. Blip reserves the right to limit the availability of the Website for any person, geographic area or jurisdiction at any time in its sole discretion.

18. Miscellaneous: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Blip’s failure to act with respect to any failure by you or others to comply with these Terms does not waive Blip’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Blip with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Blip, and any assignment or transfer in violation of this provision shall be null and void. Blip reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Website, including without limitation the right to block access from a particular internet address.

Additional Producer Terms of Use

1. User Obligation: If you are seeking to upload material to this site or to engage in any activities within the site other than passively viewing site content, you must register and become a site member. As part of the registration process, you will be asked to ACCEPT these Terms of Use. On doing so, you will be deemed to have consented to and you will be bound by these Terms of Use.

Visitors to the site merely wishing to view content do not need to register and become members. However, any use of this site (which includes but is not limited to simply viewing the site’s content) constitutes your acknowledgement and acceptance of these Terms of Use, which takes effect the moment you first use the site.

Blip reserves the right at any time to change the terms, conditions and notices under which its services are offered, including but not limited to these Terms of Use, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms of Use are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site and you should cease using this site immediately.

If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.

2. Ability to Accept Terms of Service: You affirm that you are either more than 17 years of age or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You must be 17 years or over or possess legal parental or guardian consent to register as a member of this website. If we discover or have any reason to suspect that you have not reached 17 years of age or that you do not have legal parental or guardian consent, then we reserve the right to suspend or terminate your membership to this site immediately and without notice.

Children and young people under 17 are entitled to access this site to view its content but are not presently able to register as members and actively i.e., upload content. Certain parts of the site (e.g., those containing films with adult language and/or content) may be unsuitable for younger viewers. Blip offers user-managed content ratings, but we do not independently vet or verify these ratings and therefore we cannot and do not guarantee the accuracy of these content ratings.

3. Password, Screen Name and Security: When you register as a member of Blip, you will be asked to select a Screen Name and we will provide you with a Password which you are then free to change to your own original Password. Your Screen Name and Password allow you to access your account and, as we continue to enhance the site, log on to areas of the site that are reserved for members only.

You accept that it is your sole responsibility to maintain the confidentiality of your Password and Screen Name and that you are responsible for all activity that occurs under them. Blip is unable to check the identity of people using the site and will not in any way be liable where your Password or Screen Name are used by someone else. You agree to notify Blip immediately of any unauthorized use of your Password or Screen Name and any other breach of security as soon as you become aware of it.

Any private information and/or data relating to your membership to Blip or your uploaded content that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by Blip, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership and when making decisions whether any material you seek to upload onto the site should be accepted or rejected. In addition, we may, at our sole discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or suspected breach of these Terms of Use, including but not limited to any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

4. Hold Harmless and Indemnification: You agree to hold harmless and indemnify Blip, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Blip site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If Blip receives notice of such a claim from someone other than the member whose use of the site is in question, Blip will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.

5. Grant of License: When you upload or post content to Blip, that content becomes public content and will be searchable by and available to anyone who visits the Blip site. Blip does not claim ownership of the materials you post, upload, input or submit to the Blip site. However, by posting, uploading, inputting, providing or submitting your content to Blip, you are granting Blip, its affiliated companies and partners, a worldwide, revocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that content for the purposes of displaying that content on Blip and on other Web sites, devices and/or platforms.

When you upload or post content to the Blip site, you grant Blip a license to distribute that content, either electronically or via other media, to users seeking to download it through the Blip site or for purposes of other services provided by Blip and to display such content on Blip affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed as necessary for us to provide the Blip services as they now exist or are developed in the future.

To the extent reasonable and possible, Blip will give you control over distribution of your content to third-party Web sites, devices and platforms through the Blip Dashboard, which is available at http://blip.com/dashboard/.

When you upload content to Blip you will be asked to select a secondary copyright license, which is additional to the license you grant to Blip and its affiliated companies and partners. This license will govern how third parties may use your content. You can designate this license to be a Creative Commons License (see http://www.creativecommons.org) or an "All Rights Reserved" license (you also have the option of selecting "public domain," in which case you are disclaiming all copyright to the work for the benefit of the public at large). You agree that Blip may make your content available to third parties, subject to such third parties abiding by the terms of this secondary license. While Blip will advise its third-party content partners of the secondary license you select and request that the terms of such license be and is observed, you acknowledge that it is not Blip’s responsibility to enforce this secondary license and Blip cannot guarantee that your secondary license will in fact be observed by any third parties.

You may remove content you have posted on Blip at any time. When you delete content from Blip, such deleted content, while not available to the viewing public and other Blip users, will remain on the Blip server until such time as you make a specific request to Blip for permanent deletion of such content from the Blip server. Such requests must be made in writing, via email, to Blip customer service at the following address: support@blip.com. When you do remove your content, the license described above will automatically expire. We cannot guarantee that content deleted from Blip or permanently deleted from our servers will be deleted from the Web sites or systems of third parties. If you would like your content removed and/or permanently deleted from any Web sites other than Blip, you will be required to contact such Web sites directly, and we cannot guarantee any outcome, action or result with respect to any such request by you.

6. Copyright and Other Intellectual Property: The content on the Blip site, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to Blip, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. Blip reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of Blip, its affiliates, associated companies, and/or licensors.

The names, images and logos identifying Blip are proprietary marks of Blip, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of Blip, its associated companies and affiliates, or any third party unless expressly stated otherwise.

You shall be solely responsible for your own content and the consequences of posting or publishing said content. In connection with all content that you upload to Blip, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Blip to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use.

In addition to posting your own content on Blip, you can also enjoy the many videos uploaded by others in the Blip community. The Blip site includes a combination of content that we license from third party partners and content that is created and posted by our users. All of the content on the Blip site is protected by the copyright of one or more of the following: Blip, our partners or our users. Materials uploaded to Blip may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

As a creator of content uploaded to Blip or as a passive user of the Blip site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the Blip site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any Blip content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the Blip, you will need to provide, at a minimum, the following information immediately:

  • The nature of your complaint and an exact description of where the material about which you complain is located within the site;
  • In the case of a copyright/trademark dispute, identification of the copyrighted/trademarked work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
  • Your name, address, telephone number, and email address;
  • A statement by you that the above information is accurate and, in the case of a copyright/trademark dispute, that you are the owner of the copyright/trademark involved or are authorized to act on behalf of that owner; and
  • Your electronic or physical signature.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information on our copyright policy and procedure for reporting alleged copyright infringement, please click here.

Any rights not expressly granted herein are reserved.

7. Advertising Revenue Share: Blip shares 50% of the net advertising revenues that are actually received by Blip and generated by user content with the user who uploaded the content. Revenue sharing is performed on a monthly basis, with revenues remitted to users via PayPal or check (at Blip’s sole discretion) who have accumulated a balance of $25 or more. Participation in the revenue sharing program requires that the user have a PayPal account and share their PayPal username with Blip at http://blip.com/dashboard/payout_settings/. In certain cases, Blip may be required to report your earnings through the advertising revenue share program to the Internal Revenue Service or other government authorities. In such a case, Blip may reserve payment until appropriate reporting information (i.e. Social Security Number, address) has been provided to make such reporting possible.

Blip reserves the right to withhold advertising payment to any user who is found to have used the Blip service in a way disallowed by these Terms of Use. Violation of the Blip Terms of Use automatically disqualifies a user from participation in the revenue share program.

8. Advertising Fraud: Blip reserves the right to withhold advertising payment to any producer at any time if the producer is found to have used the Blip service in a way disallowed by these Terms of Use (i.e. uploading content they do not own) or if the user has engaged, as determined by Blip, in fraudulent or inappropriate activity. Violation of the Blip Terms of Use automatically disqualifies a user from participation in the revenue share program.

Blip reserves the right to run advertisements on any page on Blip, regardless of the advertising preferences attached to the user’s Blip account. Net advertising revenues means, for any period of determination, the actual revenues received by Blip after third-party commissions and revenue shares from the sale of Video Advertisements that are viewed on the user content less reasonable and customary costs incurred by Blip in hosting the user content, selling advertising against the user content, and serving advertising against the user content. These costs may include ad serving fees, commissions actually paid, analytics software costs, and bandwidth costs. Blip does not include its own overhead in calculating net advertising revenues.

Advertisements run against videos on Blip may be sold and served by Blip or its advertising partners.

9. Show Sold Advertising: If you would like Blip to run advertisements that you have sold, you may request that we do so. You will be charged a fee. Blip’s DIY advertising services are provided without representation or warranty of any kind, and are provided on an as-is basis.

10. Privacy: Blip respects the privacy of its users. Everyone always says these things in these documents, but we really mean it.

Blip will not share personally identifiable information about you with any third-party except as required by law, or as is necessary to fulfill its obligations under these Terms (i.e. to facilitate advertising revenue share payment).

Blip’s service includes a demographic data collection system. As part of this system Blip may ask you questions about yourself (like your age, interests or zip code). Your answers to these questions may be stored on your computer and transmitted to Blip from time to time. Blip will never store this information on its servers in a way that’s relatable to you or your identity, instead the information will only be stored and operated s are served to you. We do this in order to deliver the most relevant advertisements possible.

In addition to specific questions we may ask you, we will also record information about your use of the site that may include your IP (Internet Protocol) address and the pages and videos you have visited. This information may be shared with other users and our partners in an aggregate form that is designed to not be individually identifiable.

11. Prohibited Content: Videos that are not part of a high quality, original episodic web series can be removed at Blip’s sole discretion. Examples of content considered inconsistent with Blip’s definition of high quality, original episodic web series can include but are not limited to sermons, speeches, slide shows, webinars, screencasts, gameplay footage, tutorials, walkthroughs, meetings (corporate, community or government), personal (home movies, weddings, parties, vacations, etc.), music videos and content produced for other mediums (television, film, radio). Each episode must consist of original content created by the account holder.

Exclusions to these rules are made at the sole discretion of Blip.

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the Blip website, the following content is prohibited on Blip:

  • Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
  • Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
  • Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
  • Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of Blip, does not otherwise have redeeming value to the community. Blip may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
  • Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
  • Content promoting or providing instructional information about illegal activities.
  • Content depicting cruelty to animals.
  • Copyrighted content or material that is used without the express permission of the owner.
  • Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
  • Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
  • Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of Blip servers or another users computer.
  • Content that violates any applicable laws or regulations not specifically referenced herein.

As a condition of your use of the Blip site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Blip site in any manner which could damage, disable, overburden, or impair the Blip site or interfere with any other parties use and enjoyment of the Blip site. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other Blip proprietary materials, through any means not intentionally made available or provided for through the Blip site.

The "auto-play" option should only be used in off-site pages where it is clear to the visitor that they are visiting a page containing video. Using auto-play on front pages or pages where the embedded video is not the primary element of the page is considered abusive and may result in the removal of your account and forfeiture of revenue.

Blip has no obligation to monitor the content which has been uploaded to the Web site for compliance with the foregoing. However, Blip reserves the right to review materials uploaded to Blip and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. Blip reserves the right to terminate your access to any or all of the services offered by Blip at any time without notice for any reason whatsoever.

Blip does not control or endorse the content, messages or information found in any user-generated content or uploaded material and, therefore, Blip specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material.

You agree to use the services provided by Blip only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use Blip in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, Blip through an interface or in a manner that would interfere with the monetization of Blip-hosted content or the honoring of copyright licenses attached to Blip-hosted content. You also agree that you will not access Blip from any territory where its contents are illegal.

Blip does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and Blip expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, Blip may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

12. Third Party Sites/Links From Blip: Blip may contain links to other websites (Linked Sites). The Linked Sites are not under the control of Blip and Blip is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Blip is not responsible for webcasting or any other form of transmission received from any Linked Site. Blip is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blip or any association with its operators.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Blip does not endorse and is not responsible or liable for any content, advertising, products, services or information on, or available from, third party websites or material. Blip is not responsible for any damage, loss or offense caused by, or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service. Blip does not claim any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site.

Blip disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to this site on websites not affiliated with Blip.

13. Commercial Aggregation: Blip is designed to be technically compatible with the universe of third-party aggregation software to the greatest extent possible. Unless otherwise stated, however, you may not distribute, transmit, broadcast, commercially exploit or modify in any way material or content or permit or assist any third party in doing the same. You may not aggregate, embed or "deep-link" content on Blip from your own Web site, service or platform for commercial purposes in a systematic way without the prior written consent of Blip. You must at all times respect the copyright licenses attached to Blip content (i.e. Creative Commons licenses) while aggregating, embedding or deep-linking Blip content.

14. Professional Accounts: Blip offers its users the ability to purchase "professional accounts" that confer on the bearer additional and advanced functionality for a fee. Blip may, at its discretion, cancel a user’s professional account or underlying account for any reason, including violation of these Terms of Use. Under such circumstances Blip will refund to the account holder a pro-rated portion of their paid professional account fees, rounded to the nearest unused whole month.

15. Warranty Disclaimer: Please note that the information, software, products and services included in, or available through, the Blip website are continually being updated and upgraded. Blip does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. BLIP EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

The information and other materials included on this site may contain inaccuracies and typographical errors. Blip does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Blip reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice.

Blip does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. Blip does not represent the full functionality, accuracy or reliability of any material. Blip may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.

16. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLIP AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLIP WEBSITE, WITH THE DELAY OR INABILITY TO USE THE BLIP WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BLIP WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BLIP WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLIP OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Blip website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Blip website and services provided therein.

17. Law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. Disputes arising from these Terms of Use or your use of the Blip website shall be exclusively subject to the jurisdiction of the courts of New York. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

Blip makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.

18. Miscellaneous: If any of these Terms of Use or any other policies posted by Blip management on the Blip website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of Blip to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.

Questions? Please direct any questions you may have about these Terms of Use, or technical questions or problems with the Website, to Blip at support.blip.com