Thank you for using Blob art

These Terms of Service ("Terms") govern your access to and use of the BlobArt website, apps, APIs (“BlobArt” “Blob” or the “Service”). Please read these Terms carefully and contact us if you have any questions. By accessing or using BlobArt, you agree to be bound by these Terms, and to our Privacy Policy.

Our Service

BlobArt helps you view and store the art you love. To do that, we also show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. 

In plain English…

BlobArt helps you discover and do what you love. It’s customised to you. We need to know what you like to make everything on BlobArt relevant to you.

Who can use BlobArt

You can only use BlobArt if you can legally form a binding contract with BlobArt, and only in compliance with these Terms and all applicable laws. When you create your BlobArtaccount, you must provide us with accurate and complete information. You can’t use BlobArt if it would be prohibited by US sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you can only use BlobArt if you are over the age at which you can provide consent to data processing under the laws of your country. Using BlobArt may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

Our License to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Service.

How long we keep your data for

Following termination or deactivation of your account, or if you remove any User Content from BlobArt, we may keep your User Content for a reasonable period of time for backup, archive or audit purposes.

In plain English…

You give us permission to use your data to provide and improve BlobArt. Copies of your data may remain even after you've deleted the content from your account for a reasonable period of time.

Security

We care about the security of our users. While we work to protect the security of your content and account, BlobArt can’t guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.

Third-party links, sites and services

BlobArt may contain links to third-party websites, or other events or activities that are not owned or controlled by BlobArt. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from BlobArt, you do so at your own risk and you agree that BlobArt has no liability arising from your use of or access to any third-party websites, services or content.

Termination

BlobArt may terminate or suspend your right to access or use BlobArt for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of Terms and Policy. Upon termination, you will continue to be bound by our content terms above.

Disclaimers

Our Service and all content on BlobArt is provided on an "as is" basis without warranty of any kind, whether express or implied.

BlobArt specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.

You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.

If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BlobArt SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BlobArt’s AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED US DOLLARS (USD 100.00).

If we cause damage to you and you are a consumer in the EEA, the above does not apply. Instead, BlobArt’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. BlobArt is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or wilfulmisconduct, or if and to exclude our responsibility for something we have specifically promised to you.

Arbitration

For any dispute you have with BlobArt, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so using the email address on your BlobArt account. If BlobArt has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and BlobArt are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your BlobArt account.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and BlobArt agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that BlobArt will pay for your reasonable filing, administrative and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or through a telephone hearing or in-person hearing as established by the AAA rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BlobArt ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent that any claim, dispute or controversy regarding BloblArt or our Service is not arbitrable under applicable laws or otherwise, you and BlobArt both agree that any claim or dispute regarding BlobArt will be resolved exclusively in accordance with the “Governing law and jurisdiction” Section of these Terms.

If you are a consumer in the EEA, this section does not apply to you. 

Governing law and jurisdiction

These Terms shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles.

If you are a consumer in the EEA, this will not deprive you of any protection you have under the law of the country where you live and access to the courts in that country. 

General Terms

We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time; the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use BlobArt once revisions have become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using BlobArt.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BlobArt without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you’re a consumer in the EEA, either you or BlobArt may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by BlobArt, you are entitled to terminate the agreement with immediate effect by deactivating your account. BlobArt will provide you with reasonable notice of any such assignment.

These Terms, together with the Privacy Policy and any amendments and additional agreements you may enter into with BlobArt, shall constitute the entire agreement between you and BlobArt concerning the Service. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BlobArt’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties

These Terms are a contract between you and Blob Ventures LLC, 88 SW 7th Street, Apt 3105, Miami, Florida, USA.