1. Your Agreement With Teamblind.
1.1. Choice of Law. Your relationship is with Teamblind, a Delaware company, and you agree to be bound by the laws of California and the laws of the United States.
2. Basic Terms.
2.1. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on any message board will be able to be viewed by other users of the Services who have the right to submit, post, or display on the same board. You should only provide Content that you are comfortable sharing with others under these Terms. You agree that by using the Services or posting any Content, you have reviewed and will adhere to our Community Guidelines.
2.2. You may use the Services only if you can form a binding contract with Teamblind and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
2.3. The Services that Teamblind provides are always evolving and the form and nature of the Services that Teamblind provides may change from time to time without prior notice to you. In addition, Teamblind may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2.4. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Teamblind on the Services are subject to change. In consideration for Teamblind granting you access to and use of the Services, you agree that Teamblind and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
3. Your Content.
3.1. Ownership: You retain all rights and ownership in your Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Teamblind be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
3.2. Use. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty free license to use, sell, sub-license, reproduce, copy, perform, display, create derivative works of, adapt, distribute, and otherwise exploit the Content in any and all media throughout the world for the purpose of maintaining or improving our Services. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license.
3.3. Passwords. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Teamblind cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
3.4. Permissions and Restrictions on Use of Services and Content. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. You may access and use the Service and Content as made available to you, as long as you comply with these Terms and the Terms of Sale (below). You may view or use the Content for your personal, non-commercial use. You may also share Content through features we expressly provide (e.g., embed-sharing feature). Your right to access and use our Services is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to:
• Engage in or attempt to engage in a transaction of an account (including, selling or trading), whether it is free or paid, or otherwise attempting to sign up or log-in to an account or access our Services in an authorized manner.
• Discuss or incite anything unlawful, misleading, malicious, or discriminatory.
• Defame, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity or intellectual property) of other users of the Services, or any other individuals, groups or entities.
• Post any image or language that is offensive, pornographic, contains nudity, harmful, inaccurate, threatening, or otherwise inappropriate to any individual or group.
• Post anything contrary to our public image, goodwill, or reputation.
• Engage in any act of publishing Content, signing up for our Services, or related activities in a manner inconsistent with the intended purpose of our Services.
• Crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, sell or resell any part of our Content or Services by any automated or non-automated means (including, through embed-sharing), except as expressly permitted by Teamblind.
• Use of public Content that is available on the website with or without log-in.
3.5. Although we may monitor the Content and make efforts to eliminate harmful or unlawful Content, we are not responsible for any intellectual property rights violations, misuse of confidential information, or other such unlawful activity involving the Content.
3.6 In the event you have any claims regarding an alleged or potential violation of your rights to your Content, you may contact us at email@example.com. The process of addressing your violations may differ depending on laws applicable to the User’s use of our Services.
4. Your License To Use the Services.
Teamblind gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Teamblind as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Teamblind, in the manner permitted by these Terms. This license is revocable and Teamblind reserves the right to limit or terminate your authorization to use Blind at any time.
4.1. Account Information. You need to create an account with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to Teamblind for all activities that occur via your account.
5. Teamblind Rights.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Teamblind and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Teamblind name or any of the Teamblind trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Teamblind, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Copyright Policy.
Teamblind respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Teamblind. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Teamblind with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Teamblind to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Teamblind will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
123 E San Carlos St, Unit #113
San Jose, CA 95112
7. Our Disclaimer of Warranties.
7.1. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse any content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
7.2. Although we will provide reasonable security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
7.3. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND TEAMBLIND MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.
8. Our Limitation of Liability.
8.1. Limitation of Liability: IN NO EVENT SHALL TEAMBLIND GROUP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.
8.2. TEAMBLIND GROUP’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS (US $100).
8.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
9. Settling Disputes with Teamblind.
9.1. You agree that your relationship shall be governed by the laws of the State of California and that any claims or grievances of any nature shall be brought exclusively in the courts of the County of Orange, or the United States District Court for the Central District of California.
9.2. Disclaimer: You and Teamblind each disclaim the U.N. Convention on Contracts for the International Sale of Goods. By using our Services, you and Teamblind both agree it does not apply to the Services.
10.1. You can stop using our Services at any time.
10.2. We may add, modify, or remove features or functionalities, and we may suspend or stop all or part of the Services. We may also stop providing Services to you, or add or create new limits to our Services at any time.
10.2.1. If we determine in our reasonable judgment that you are not employed by or ceased employment with the company to which you have an access account in our Service, we may suspend or terminate your access to such account or Service without prior notice, at our sole discretion.
10.2.2. If we discover an abnormal or otherwise unauthorized attempt to create and/or use an account, we reserve the right to restrict the account's creation or access to our Services and, if necessary, delete the account created in such an abnormal way.
10.3. If the Service is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace.
11.1. Notice to Teamblind. Unless these Terms or any Additional Terms say otherwise, you must send any notices to: Teamblind Inc., 123 E San Carlos St, Unit #113 San Jose, CA 95112.
11.2. Notice to You: For purposes of service messages and notices about the Services, Teamblind will place a banner notice across its pages or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Services.
12. General Terms.
12.1. Export Control. You acknowledge that the Services, and your use and handling of the Services, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and Teamblind Content. You agree to comply with all such laws, restrictions, and regulations.
12.2. English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
12.3. Severability: If a court finds any section of the Terms invalid or unenforceable, the rest of the Terms still apply.
12.4. No Waiver: Failure to enforce (or delay of the enforcement of) any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for Teamblind to enforce such Terms.
12.5. Assignment or Transfer: Teamblind does not grant access to anyone other than users who have entered into an agreement directly with us, and you cannot assign or transfer your account nor your rights or obligations under this agreement to someone else, whether for free or for payment, without Teamblind’s prior permission. We can transfer our rights and obligations to you (provided, only if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
12.6. Entire Agreement. These Terms are the entire and exclusive agreement between Teamblind and you regarding the Services, and these Terms supersede and replace any prior agreements between Teamblind and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
This Agreement is effective as of September 06, 2023.
Terms of Sale
Article 1 (Objective)
This Terms of Sale applies to all services provided by the Company which are being made available for purchase on Blind (the "Service"). These rules and regulations which govern the Service specifically refer to the requisite acquisition of B Money (as defined in Article 4) to be used on Blind.
Article 2 (Agreement Effect and Changes)
1. This Agreement shall become effective when the User places an order to purchase B Money or Items (as defined in Article 4). Please read the terms on this Agreement carefully before you proceed with the purchase. If you do not understand the Terms of Sale, or do not accept any part of them, then you may not use the Services.
2. The Company reserves the right at all times to discontinue or modify any part of this Agreement in its sole discretion. Any changes to this Agreement will be effective upon posting of this Agreement, provided that no applicable laws are violated. If the Service is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your content.
3. The Company encourages that the User regularly revisit Blind to ensure that he or she stays informed of any changes to these Terms of Sale. You agree that the Company’s posting of any changes to these Terms of Sale is adequate notice to advise you of these changes. By continuing to access or use the Services after those changes become effective, you agree to be bound by such changes, and the Company shall not be responsible for any damages found resulting from the User’s failure to familiarize himself/herself with the applicable changes.
4. If You do not agree to the changes, you may stop using Blind or any services offered through Blind after the effective date of the changes.
Article 3 (Disclaimer)
Article 4 (Terms and Definitions)
1. “B Money” refers to a value-based type of digital points or currency (“currency-based gift certificate” in Korea), which can be purchased by the User on Blind to utilize Items on Blind.
2. “Item(s)” refers to certain virtual goods or services (“product or service-based gift certificate(s)”, in Korea) available on Blind in exchange for B Money.
3. “Payment Method” refers to the tools by which the User pays service fees to the Company in order to purchase B Money, through tools provided by the Company itself or contracted Third-Party Payment Service.
4. “Service(s)” refers to the acts and operations related to the purchasing of B Money needed to utilize the Item on Blind.
5. “Third-Party Payment Service” refers to the market, such as the App Store or Google Play Store, provided by the mobile operating system used by each User.
6. “Recurring Payment” refers to a form of payment in which a fee is automatically charged on a monthly basis through a payment method that the User has registered on the Third-Party Payment Service in advance and whose effective period is automatically renewed.
7. “Free Trial” refers to the free voucher for Recurring Payment Item(s), etc., provided by the Company to the User.
Article 5 (Payment Methods)
1. The User shall be acknowledged that the types and the uses of Payment Methods are subject to change at any time.
2. The Service may be momentarily suspended depending on the affiliated Third-Party Payment Services’ status.
Article 6 (User Guidelines for B Money and Items)
1. B Money shall only be charged, obtained, or utilized by registered users of Blind.
2. All the fees are subject to change at any time depending upon the Company’s policies. The changes shall be available on the B Money store within the Blind app and the Third-Party Payment Service.
3. The Company may, if necessary, place time, rate, or quantity limits on B Money charging.
4. B Money shall be used to purchase Service contents or Items on Blind unless the Company establishes other functions to allow and approve transactions outside of Blind. However, B Money shall not be converted to or exchanged for any other currencies (such as dollar, Euro, etc.), or be used to purchase any other goods or services outside of Blind against any of the applicable laws or the Company policies.
5. Types, uses or explanations of Items are subject to change depending upon Company policies without notice in advance. They may also be changed periodically due to functional improvements and patches.
6. As between B Money and/or Items provided to the User by the Company for free and B Money and/or Items purchased by User, B Money and/or Items provided to the User for free will be marked down from your B Money balance before B Money or Items purchased by the User, and if specific Items have expiration dates, Items with earlier expiration dates will be marked down first.
7. If the User does not separately request cancelation of Recurring Payment before the expiration date of the Free Trial of an Item purchased through Recurring Payment, then, after the Free Trial period expires, the Company will continue to charge the Recurring Payment through the payment method that the User has registered on the Third-Party Payment Service.
Article 7 (B Money and Items Charge Payment Approval)
1. The Company may suspend approval or reject the transaction for the following reasons:
1) The User is not a registered User of Blind.
2) The Service fee is not paid in full or the payment cannot be processed.
2. In the following cases, the Company may not approve the transaction request until the issues have been ameliorated:
1) There are obvious errors on Blind or Blind services are not available due to the limited server space.
2) The Service is impeded.
Article 8 (Restrictions on Use of B Money and Items, Effective Period)
The effective period for B Money may differ depending on laws applicable to the User’s use of our Services.
2. Unless otherwise indicated by Company, B Money balance or Items shall remain in effect indefinitely. In the event there is an effective period, Company shall notify the User at least thirty (30) days before the expiration of any B Money balance or Items. If applicable, B Money or Items that were distributed without charge by Company to the User will expire before B Money or Items that were purchased by the User.
3. Items purchased with B Money cannot be traded with other User(s) via illegal methods or those that are not in accordance with the Company’s policies unless such transactions are allowed or made through a function established by the Company.
4. Users under the age of 18 are not allowed to use or purchase items on Blind without consent of their legal guardian.
5. When Recurring Payment is canceled, the purchased Item(s) can be used for the remainder of the current effective period, and automatic payment will not be made starting from the next effective period.
Article 9 (Refund Policy)
Refund policies may differ depending on laws applicable to the User’s use of our Services.
1. All fees and charges shall be non-refundable, unless required by law.
2. All purchases of virtual contents, including Items, on Blind via Third-Party Payment Services are final and non-refundable, unless required by law.
3. If your credit card expires or your payment method via Third-Party Payment Services is otherwise invalid, at Company’s sole discretion, Company may suspend your use of B Money or Item(s) purchased via such invalid transaction on Blind for a set duration of time. If a dispute arises out of, or in connection with such invalid transactions, the Parties agree to pursue resolution through arbitration or other appropriate dispute resolution process before resorting to litigation. If the decision of such resolution process, including litigation, if applicable, is ruled against the User, the User shall remain responsible and liable for all charges and all the costs the Company incurs in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs. The Company shall not be liable for any other losses or damages related to any of your transactions.
4. The Company may cancel the amount of B Money charged illegally or against the Company regulations.
5. Users shall not be entitled to the compensation or refund for the amount of B Money charged, at the time, in the event that the User has been forced out or suspended use of Blind.
6. In the event of the Users' voluntary withdrawal from Blind, unused portions of B Money and Item(s) will be forfeited and cannot be refunded or recovered.
7. The Company shall not collect or store any of Users’ personal information used in B Money transactions.
Article 10 (Warranty Disclaimer; Limitation of Liability)
1. BLIND AND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, YOUR ACCOUNT ON BLIND, ITEMS WILL BE AVAILABLE OR BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM BUGS, VIRUSES, ERRORS OR OMISSIONS OR THAT DEFECTS WILL BE CORRECTED.
3. The Company may change, suspend or discontinue certain Services at its sole discretion.
4. The Company shall not be liable for any loss or damage that you suffer as a consequence of:
a. any Services becoming temporarily or permanently unavailable;
b. disclosing or providing your private information to others by yourself;
c. failing to satisfy your subjective expectation of utility from using the Services; or
d. your own decision to use any of the Services on Blind.
5. The Company is not responsible for the following types of loss or damage which may arise from your use of the Services:
a. damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by the Company not using reasonable care and skill;
b. loss, damage or upset that you suffer as a consequence of the actions of another User;
c. any loss or damage if the Services are not provided to you, or are interrupted or suspended, or if the Company does not comply with the Terms of Sale because of events beyond control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labor dispute, civil commotion or other act or event beyond reasonable control; or
d. loss or damage which neither of us could have reasonably anticipated or expected when you started using the Services, including but not limited to, any loss or damages which is indirect or which is a side effect of the main loss or damage, such as loss of revenue or salary, or loss of profit, opportunity or reputation.
6. The Company does not make any statement, guarantee or promise in respect of the Services not set out in these Terms of Sale, including, without limitation, any statements made by third parties, such as third party advertisers.
Article 11 (Governing Law)
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States. By using the Service, you agree to be bound by these Terms of Sale and that any disputes arising from or relating to these terms shall be bound by the laws of the State of California and the laws of the United States. You consent to personal jurisdiction of the federal and state courts of Orange County, California, unless otherwise agreed in writing.
Article 12 (Conflict of Terms)
2. The English version of this Agreement will be the version used when interpreting or construing this Agreement.
Article 13 (Severability)
You agree that even if an individual provision of this Agreement is determined to be invalid by applicable laws, the remainder of this Agreement shall remain in effect. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.
This Agreement is effective as of [December 31, 2023].