Bloogs offers an online video sharing platform and community through its website located at Bloogs.com, mobile applications, connected TV applications, and other online services. By registering as a member or by using the Bloogs Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Bloogs. If you do not wish to be bound by this Agreement, do not use this website.
1. Who May Use the Bloogs Service
AGE REQUIREMENT: You must be at least 13 years old to use the Bloogs Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Bloogs Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Bloogs Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Bloogs Service. If your child is using the Bloogs Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Bloogs Service is appropriate for your child, please contact us.
WARNING: Even if you are old enough to use the Bloogs Service and/or have your parent's or guardian's permission, some of the content available within the Bloogs Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Bloogs Service
LICENSE: Bloogs grants you a limited, non-exclusive license to access and use the Bloogs Service for your own personal, non-commercial purposes. This includes the right to view content available on the Bloogs Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Bloogs Service for commercial purposes unless:
- You are a Bloogs PRO or higher subscriber, in which case you may use and access the Bloogs Service for commercial and non-commercial purposes, or
- You are a small-scale independent production company, non-profit, or artist, in which case you may use the Bloogs Service to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by Bloogs in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Bloogs Service or any source code therein. Nor will you attempt to circumvent any of Bloogs's technical measures or take any measures to interfere with or damage the Bloogs Service. All rights not expressly granted by Bloogs are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the Bloogs Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Bloogs and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Bloogs Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SEAT ACCESS: If you are a PRO or Business subscriber, you may grant access to your account to other Bloogs members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a Bloogs member who has been granted access to a PRO or Business account, you must comply with the terms of this Agreement in accessing that account.
5. Subscriptions and Purchases
SUBSCRIPTIONS: In addition to offering Basic (free) Bloogs memberships, we offer paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Bloogs player or apps. Anyone who wishes to obtain storage capacity beyond what is offered with a particular subscription, or additional bandwidth for applications not using the Bloogs player may request a custom account. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. In the case of Live subscription products, refunds are not available if the user has exceeded the storage or bandwidth threshold set forth in the refund policy presented at the time of purchase. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Bloogs. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Bloogs reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes a Basic (free) account and Bloogs may disable access to or delete any content to comply with Basic account limits. If you're using Bloogs for commercial purposes, you will need to maintain a Bloogs PRO or higher plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Bloogs Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Bloogs Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Bloogs may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Bloogs determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Bloogs's reputation and goodwill. If Bloogs deletes your account for the foregoing reasons, you may not re-register for the Bloogs Service. Bloogs may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Bloogs will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Bloogs shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
8. Code of Conduct
In using the Bloogs Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Bloogs Site (unless you are an official Bloogs partner or advertiser and have a written agreement with Bloogs).
Bloogs has the right, but not the obligation, to monitor all conduct on and content submitted to the Bloogs Service.
9. Licenses Granted by You
LICENSE TO Bloogs: As between you and Bloogs, you own the video content ("videos") that you submit to the Bloogs Service. By submitting a video, you grant Bloogs and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Bloogs Service; (ii) displaying the video on third party websites and applications through a video embed or Bloogs's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Bloogs Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LIVE STREAMS: For the purposes hereof, a "video" includes a live stream and you are deemed to have "submitted" a video when you live stream any content using the Bloogs Service, regardless of whether a permanent copy is created.
LICENSE TO OTHER USERS: You further grant all users of the Bloogs Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Bloogs Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Bloogs has no control over such caching.
9.2 Non-video Content
As between you and Bloogs, you own all non-video content that you submit to the Bloogs Service. You grant Bloogs and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the Bloogs Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Bloogs on improving or adding new features to the Bloogs Service, Bloogs shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Bloogs and grant the licenses set forth above; (ii) Bloogs will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Bloogs and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Bloogs Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Bloogs violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
Bloogs respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice.
Bloogs reserves the right to modify the Bloogs Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Bloogs Service. Bloogs has no obligation to screen or monitor any content and does not guarantee that any content available on the Bloogs Service complies with this Agreement or is suitable for all users.
Bloogs provides the Bloogs Service on an "as is" and "as available" basis. You therefore use the Bloogs Service at your own risk. Bloogs expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Bloogs makes no representations or warranties:
- That the Bloogs Service will be permitted in your jurisdiction;
- That the Bloogs Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on the Bloogs Service or will be stored by Bloogs;
- That the Bloogs Service will meet your business or professional needs;
- That Bloogs will continue to support any particular feature of the Bloogs Service; or
- Concerning sites and resources outside of the Bloogs Service, even if linked to from the Bloogs Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Bloogs Service, and no warranties shall apply after such period.