Last Updated August 21, 2017
Children Under the Age of 18
The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the App or provide any information about yourself to us, including your name, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
Information We Collect and How We Collect It
We collect information from and about users of our App directly from you when you provide it to us and automatically when you use the App.
Information You Provide to Us
When you download, register with, or use the App, we may ask you to provide information by which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”). We may also collect information that is about you but individually does not identify you, including, but not limited to:
- Information that you provide by filling in and submitting forms in the App. This includes information provided at the time of registering to use the App,[ subscribing to our service, posting material ,] being awarded a gift card or PayPal payment, and requesting further services. We may also ask you for information [when you enter a contest or promotion sponsored by us, and] when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
- Your responses to surveys that we might ask you to complete.
- Details of transactions you carry out through the App and of the fulfillment of gift cards or PayPal payments.
- Your search queries on the App.
[You may provide information to be published or displayed (“Posted”) in the App or on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although we limit access to the App, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.]
Automatic Information Collection and Tracking
When you download, access, and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data,[ location data,] logs, and other communication data and the resources that you access and use on or through the App.
- Mobile Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier (“Device ID”), IP address, operating system, browser type, mobile network information, and the device’s telephone number.
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
- Location Information. The App collects real-time information about the location of your mobile device, including, but not limited to your country, state, and zip code.
If you do not want us to collect this information, do not download the App or delete it from your mobile device. For more information, see “Your Choices About Our Collection, Use, and Disclosure of Your Information.” [Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled.]
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include Google Analytics, cookies (or mobile cookies), web beacons, and other similar technologies. A cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting you may be unable to access certain parts of the App. Pages of the App [and our emails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages [or opened an email] and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).
Third-Party Information Collection
When you access or use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your mobile device. These third parties may include:
- Advertisers, ad networks, and ad servers.
- Analytics companies.
- Your mobile device manufacturer.
- Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you access or use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Your Choices About Our Collection, Use, and Disclosure of Your Information.” Please note, however, that if you opt out of receiving advertising in the App, whether by opting out or using an ad-blocker, you will not receive any gift cards or PayPal payments.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the App and its contents, and any other information, products or services that you request from us.
- Award gift cards or PayPal payments.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account, including expiration and renewal notices.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences.
- Speed up your searches.
- Recognize you when you use the App.
We use location information we collect to serve you higher quality ads.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe from the email list using the link provided on any email we send you. For more information, see “Your Choices About Our Collection, Use, and Disclosure of Your Information.”
We may use the information we collect to display advertisements to our advertisers’ target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or mobile device, without restriction. In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our App users is among the assets transferred.
- To third parties to market their products or services to you.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including the App EULA.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. [This includes exchanging information with other companies and organizations for the purposes of fraud protection.]
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
- Location Information. You can choose whether or not to allow the App to collect and use real-time information about your mobile device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
- Promotion by the Company. If you do not want us to use your contact information to promote our own [or third parties’] products or services, you can opt-out by unsubscribing to emails we may send you.
- Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by disabling IDFA tracking in your mobile device settings.
- Disclosure of Your Information for Third-Party Advertising and Marketing. Except for your Device ID, the Company does not share your personal information with unaffiliated third parties for promotional purposes.
- Analytics Opt-out Options. If you do not want your information collected with Google Analytics, you can install the Google Analytics opt-out browser add-on. To opt-out of Google Analytics, visit the Google Analytics opt-out page (located at https://tools.google.com/dlpage/gaoptout) and install the add-on for your browser. For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en). The App may also use AppsFlyer, Fiksu, Facebook analytics technologies, and other tracking technologies. Please visit the respective websites for these analytics technologies to determine their opt-out options.
- Device Opt-out Options. Your device may provide options to opt-out of receiving advertisements or to limit ad tracking. Please refer to your device’s settings to determine the opt-out options available for your device.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“”) on the NAI’s website.
Please note, however, that if you opt out of receiving advertising in the App, whether by opting out or using an ad-blocker, you will not receive any gift cards or PayPal payments.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Your personal information is password protected and restricted within our organization to employees and trusted partners that need access to your personal information in order to correspond with you and provide the products and/or services that you requested from us. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the App, you are responsible for keeping this password confidential. Do not share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Linked Apps and Websites
The use of any personal information provided by you to, or automatically collected from, a third party will be governed by that party’s privacy policies. If you are unsure whether an app or website is controlled, affiliated, or managed by the Company, you should review the privacy policies at each linked app or website to determine how that site treats your personal information.
Accessing and Correcting Your Personal Information
You can change your [user name and] password by logging into the App and visiting your account profile page. If you need to delete your account or if you have any questions about, or need to change, any other personal information that may be retained by the Company, you may also contact us at email@example.com. Upon your request, the Company will provide to you the personal information under its control, if any, as well as information about the ways in which that information is being used and disclosed. The Company will use commercially reasonable efforts to ensure that personal information we may be using or disclosing is accurate and complete. If you demonstrate that your information is inaccurate or incomplete, the information will be amended as appropriate. We will use commercially reasonable efforts to respond to any such request and update your personal information, if necessary. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org.
Last Updated August 21, 2017
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Blabber is a mobile messenger application that allows users to make money by sending messages. Each message a user sends increases the user’s “message sends.” Once a user reaches 15,000 message sends, that user may cash out $15.00 through PayPal. When a user cashes out, that user’s message sends are reset back to 0 (zero), even if the user has more than 15,000 message sends.
Gift Cards and PayPal Payments
You may receive unlimited gift cards or PayPal payments unless the Company, in its sole discretion, chooses to award additional gift cards or PayPal payments to you. Neither the Company nor any other party will issue any form of refund or issue any replacement gift cards or PayPal payments to you if you do not receive your gift card or PayPal payment, or your gift card code does not work. The Company is not obligated to answer or respond to any inquiries or other form of contact it receives from you regarding any gift cards or PayPal payments that you did not receive. The gift cards offered through the App are subject to change without notice and are in no way affiliated with Apple. Likewise, the process of awarding gift cards is in no way affiliated with Apple. Amazon e-Gift cards are only available in United States Dollars. PayPal payments can be paid to residents of most countries. If your country does not accept PayPal payments, the Company is not obligated to send you any substitute form of monetary payment.
Any email messages the Company sends to you may end up in your email application’s “spam” or “junk” folder. Please be mindful of this and regularly check these folders to ensure proper gift card delivery.
The Company is based in the State of Georgia in the United States. The Company makes no representations that the App and its Content are appropriate for use in all locations or may be downloaded outside of the United States. Use of or access to the App may not be legal by certain persons or in certain countries. By accessing or using the App, you do so at your own risk and are responsible for compliance with the laws and regulations of the jurisdiction from which you access or use the App.
By using or accessing the App, you consent to the transmission of your personal information, including your user id, password, and any other personal or non-personal information we may collect from you, to the United States, and you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States.
Accounts and Account Security
Content and Intellectual Property
The Company accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the Company reserves the right to terminate your use of the App or the Content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
Service, Technical Information, and Informational Content
The Company makes a conscientious effort to display and describe the features available in the App accurately and completely. However, your interaction with the App depends upon a number of factors, including your mobile device and internet connection. The Company may change, update or remove features at its discretion. Therefore, the Company cannot guarantee the availability or accuracy of any or all features in the App. You agree that technical information, opinions, recommendations and other information made available to you in the App are for your convenience only.
The Company uses reasonable efforts to update the information in the App. However, the Content of the App is subject to change without notice. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the App, or by anyone who may be informed by any of its contents.
Please contact us at email@example.com if you have questions about the information presented in the App.
- not to use the App in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
- that you will not use the App to transmit or send unsolicited commercial communications;
- that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the App (or the servers, networks, and databases which are connected to the App);
- not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the App (or the servers, networks, and databases which are connected to the App);
- that you will not edit or otherwise modify any content in the App other than your own User Contributions;
- that you will not engage in any activity that interferes with or disrupts the App (or the servers, networks, and databases which are connected to the App);
- that you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the App for any commercial purpose (except for content specifically and expressly made available for redistribution); and
Any User Contribution you post through the App will be considered non-confidential and non-proprietary. By providing any User Contribution in the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You also grant us the right to bring an action for infringement of these rights.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the App.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted through the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to firstname.lastname@example.org. It is the policy of the Company to terminate the user accounts of repeat infringers.
Third Party Sites and Content
The App may contain links to other websites or resources that our business partners and other third parties own or operate. Your access to and use of each of those websites is at your own risk and is subject to the terms and conditions, if any, that each of those websites have posted. We have no control over third party websites and we are not responsible for any changes to or content on them. Our inclusion of any Content is not an endorsement of that material or link or the companies that own or operate the material or linked websites.
The App may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all Content other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing such Content. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Social Media Features and Linking to the App
The App may provide certain social media features that enable you to:
- View certain social media Content from within the App.
- Link from your own social media accounts to certain content in the App.
- Send emails or other communications with certain Content, or links to certain Content, in the App.
- Cause limited portions of Content available within the App to be displayed or appear to be displayed on your own social media accounts.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website or social media account that is not owned by you.
We may disable all or any social media features and any links at any time without notice in our discretion.
Modifications and Interruption of Service
The Company reserves the right to suspend or terminate your use of the App at any time for any reason. The Company reserves the right to suspend or terminate your account and to delete any corresponding profile(s). The Company reserves the right to change, suspend, or discontinue any aspect of the App and any products and services available in or through the App at any time without notice and without liability to you or any third party. We do not guarantee continuous, uninterrupted or secure access to the App. The operation of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY ADVICE, SERVICES, OR ITEMS OBTAINED THROUGH THE APP, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR USE OF THE APP; (B) THE APP WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT, SPECIFICATION, OR EXPECTATION; (C) THE APP, ITS CONTENT, AND ANY ADVICE, SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE OR COMPLETE; (D) YOUR APPLICATION TO RECEIVE SERVICES WILL BE ACCEPTED OR HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (E) THE APP WILL BE AVAILABLE, SECURE OR ERROR FREE; (F) ANY ERROR OR DEFECTS IN THE APP WILL BE CORRECTED; (G) THE APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (H) THE APP IS LAWFUL, APPROPRIATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO THE APP, ANY CONTENT IN THE APP OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
General Representation and Warranty
Termination and Survival
Severability; No Waiver
All feedback, comments, requests for technical support and other communications relating to the App should be directed to the Company at email@example.com.