Blonde Blonde is a worldwide media platform allowing Creators and Businesses (CB’s) to send and receive SMS messages and images to and from their Fans/Customers/Recipients (FCR’s) directly on their cell phones (no websites), allowing CB’s to monetize sending and receiving such communications. Blonde provides a new easy, secure and seamless opportunity for various CB’s to connect one on one with FCR’s and thrive in a new streamlined business friendly environment.
How it Works is Simple:
Everyone using our Services has to voluntarily Opt-In. Thereafter all FCR’s sign up to communicate with their favorite CB via SMS directly on their Cell Phone (no websites). CB’s send SMS messages to FCR’s, when an FCR responds to CB, they pay a CB predetermined fee. When a CB sends an FCR a locked image, they pay the CB a predetermined fee to view such images. CB can change their pricing per SMS/Image at any time or standardize it. CB’s can also choose to receive SMS without a fee, it’s your choice because it’s your Business!
Welcome to Blonde!
By using Blonde you agree to the following terms of service as well as any other terms that we may notify you of from time to time as amended, modified or supplemented, the “Terms”. Our Terms apply to all CB’s of the Blonde media platform. For information about our data practices, please see our Privacy Policy. We can collect and use your information in accordance with those policies.
Definitions
SMS Messages/Images/Content means any CB material transmitted through the Blonde media platform, including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, instructions, teachings, other communications, emojis, GIFs, memes, and any other material whatsoever.
CB means a User who has set up a Blonde account to transmit and receive SMS messages and images on the Blonde media platform, for FCR viewership.
FCR means User who receives an image and/or transmits SMS messages to an CB for a fee as determined by the CB.
Blonde means the media platform and the services offered by us.
User means anyone utilizing the Blonde platform (also referred to as “you” or “your”).
“we”, “our”, and “us” refer to Blonde, LLC and our affiliates.
Special Terms for CBs
All about being a CB - A CB is someone who creates a profile page on Blonde to engage with their FCRs through direct messages. As a CB on Blonde, you can do many things to connect with your FCRs including
A) Sending direct SMS messages
B) Sending Content
C) Creating a content library
D) Creating FCR Groups for bulk sending
E) Using CB tools that Blonde provides,
F) Showcasing your creations
G) providing merchandise to FCRs through Blonde’s merchandise service,
H) Market your skills to your FCR’s
I) Getting tips from FCRs through their purchase direct messages or images to you, and
J) There are a lot of details below involving payments, fees, taxes and restrictions that you should read in full if you are a CB. To become a CB, simply apply through the Blonde website/ app. Eligibility requirements and limitations apply as determined in our sole discretion. If we accept your application, then you’ll be notified that you are a CB on Blonde quickly.
Direct Messages
FCRs may send direct messages in response to your SMS message for a predetermined fee. The minimum direct message fee will be determined by us (unless free). CBs may increase this minimum fee at any time or request adjustments to their minimum direct message fee (no maximum price is set), and we may choose to accept or reject these requests in its sole discretion. All Content included in a direct message must comply with these Terms and our Content Guidelines.
Locked Content
CBs may send Locked Content Messages to their FCRs. The minimum Locked Content Message price will be determined by the Blonde. CBs may request adjustments to their minimum Locked Content Message fee, and we may choose to accept or reject these requests in its sole discretion. All Content included in a Locked Content Message must comply with these Terms and our Content Guidelines.
Payments
CBs receive 80% of all income collected (net of 3rd party transaction fees and sales tax if applicable) by Blonde for each CB transaction, which is paid to CBs approximately 15 days after the end of the applicable calendar month. We retain 20% of collections received to operate the platform (the “Blonde Fee”). Income taxes on CB earnings is the sole responsibility of each CB. For more information, see “Tax” below.
We handle payments issues such as fraud, chargebacks and resolution of payments disputes that may reduce CB income collected. We try to provide timely access to your funds on about a monthly basis, but you may occasionally experience delays in receiving or accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked, we try to communicate the reason to you promptly. If you have questions about a payment that has been blocked, please contact us at support@Blonde.social. In order to protect CBs, we may block FCRs’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.
Depending on your FCRs’ locations, some banks may charge your FCRs a foreign transaction fee for their direct messages which reduces CB collected income. We do not control this 3rd party transaction fee, but it is typically around 3.0% and is a reduction of income collected.
Withholding of Payment
We may withhold all or any part of the payments due to you if:
A) We reasonably believe that you have breached these Terms;
B) You attempt or threaten to breach these Terms in a way which we reasonably believe could harm us, another CB or FCR;
C) We reasonably suspect that all or any part of the payments result from unlawful or fraudulent activity, either by you or the FCR;
D) We reasonably suspect that the relevant Content infringes any third-party intellectual property for as long as is necessary for us to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). We shall not have any responsibility to you if we withhold any payments where we have a right to do so under these Terms.
Tax
We collect tax identification information, W-9s (and other similar documentation), and report this to tax authorities as legally required and issue year end 1099s. You are required to complete any tax documentation we request and report any income as required by applicable law on your tax returns.. All international, federal, state or other tax liabilities (including income taxes) arising from your use of Blonde will be your sole responsibility unless otherwise explicitly noted by us. As a CB, you agree that we may deduct and withhold from any income collected any sums, including all tax obligations, required to be withheld and/or paid by us to any governmental authority pursuant to any law, statute, ordinance, rule, judgment, or decree now or hereafter in effect. We have the right to withhold taxes we deem appropriate in our sole discretion or if required, including, but not limited to making double withholdings for the USA and CB’s country of residence.
Ownership of Your Account
We shall at all times, including before, during and after your use of the platform, constitute the sole owner of your Blonde “CB” account. You understand and agree that all Content added to your Blonde “CB” account is subject to our prior review and approval and cannot be deleted or materially modified without our prior written consent which may be withheld or granted at our sole discretion.
Account Information Retention
Any account at any time could be subject law enforcement subpoenas requiring review of historical postings of communications and therefore cannot be deleted. (before we make a complete backup).
Ownership and License of Your Content
You retain any ownership rights you have in your Content, but you grant us the following license to use your Content:
You grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display your Content and any name, username, voice, or likeness provided in connection with your Content in all media formats and channels now known or later developed anywhere in the world.
This license shall be exclusive to Us and CB shall not use the Content on any other platform while CB has an active Blonde account.
We take no responsibility for and do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. Although we have no obligation to screen, edit, or monitor your Content, we may, at our sole discretion, delete or remove your Content at any time and for any reason, including for violating these Terms, our Privacy Policy, or our Content Guidelines, or if you otherwise create or are likely to create liability for us.
Unauthorized Use of Your Content
You acknowledge that once your Content is posted on Blonde, we cannot control and will not be responsible to you for the use which other Users or third parties make use of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of these Terms or by third parties prior to the deletion of your account.
CB’s Third-party Accounts
You may grant us access to your third-party accounts, such as Google and Twitter for authentication related purposes or for some Blonde features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that we can access. At any time, you can revoke our access to those accounts using the respective third party’s security settings page.
CB’s Feedback
Any ideas, suggestions, and feedback about Blonde or our services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.
Our creations
Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text applications on the site, our logo, and our codebase. We grant you a fully paid up and royalty-free, non-exclusive, revocable license to use, display, and distribute our logo and other copyrights or trademarks to promote your Blonde page. You may not otherwise use, reproduce, distribute, perform, publicly display, compete or prepare derivative works of our creations unless we give you permission in writing. If you have any questions about how to use our logo or other copyrights or trademarks, please contact us at support@Blonde.social.
CB’s Personal Responsibility
CB’s will either be an individuals or a CB majority owned entity. Each CB must have an individual establish the Blonde account under their name, even if proceeds are directed to a CB majority owned entity. Every CB is bound personally by these Terms. When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.
You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. If you have an agent, agency, management company or other third party which assists you with the operation of your CB account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms. Please contact us immediately at support@Blonde.social if you believe your account has been compromised.
Compliance with Law
We have the right to monitor CBs and Content and its compliance with these Terms and applicable law, including but not limited to compliance with the FTC Guides Concerning Use of Endorsements and Testimonials in Advertising (the “FTC Guides”) (found at https://www.ecfr.gov/current/title-16/chapter-I/suCBhapter-B/part-255 and https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) and the FTC’s Disclosures 101 for Social Media Influencers (https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf). We have the right to address noncompliant uses and/or publications of the Content (as determined by us in our sole discretion) by taking any of the following actions alone or in combination: (a) requiring you to fix the Content; (b) fixing the Content on our own or through an agent; (c) withholding payment (or any portion thereof); and/or (d) terminating your account without recourse. Without limiting the generality of the foregoing, at our request, CB agrees to immediately remove or modify (as instructed by us) any Content or portion thereof that we determine in our sole discretion is not in compliance with these Terms or the FTC Guides.
Sanctions Compliance
Export laws and regulations of the United States and other applicable jurisdictions may prohibit us from conducting business with certain CBs. Additionally, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”) has implemented many economic or financial sanctions programs that could prevent us from sending funds or information to CBs in certain countries. It is your responsibility as a CB to ensure that there are no export laws, export regulations, or OFAC sanctions programs that affect your use of Blonde. The U.S. Department of the Treasury maintains a list of active OFAC sanctions programs.
You represent that you are not named on any U.S. government list of persons or entities prohibited from receiving exports, and you shall not permit any Users to access or use Blonde in violation of any U.S. export embargo, prohibition, or restriction.
Your use of Blonde constitutes your acknowledgement of OFAC sanctions programs and agreement that you, as a CB, will either forego using Blonde or obtain (and provide us with proof of) an exemption using the appropriate channels if any OFAC sanctions programs impact your use of Blonde. You represent and warrant that your use of Blonde will not violate any regulations administered and enforced by any OFAC sanctions program.
As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. This means that we cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
Representations and Warranties of CB
CB represents and warrants that: (i) it is of legal and consenting age to enter into these Terms or has the permission of a lawful parent or guardian to enter into these Terms; (ii) it will perform its obligations hereunder in accordance with all applicable laws, rules, and regulations; (iii) other than elements provided by us, the Content shall be CB’s own original work, created solely by CB, and will not defame any third party or violate or infringe upon any third party rights, including, without limitation, intellectual property rights and rights of publicity and privacy, and any obligations of confidentiality; (iv) there will be no restraint or limitation upon our right to use the Content and the Content therein (including CB’s Likeness) in accordance with these Terms; (v) CB will not use any third party Content or proprietary materials (including logos, names, images, etc.) in the Content without first obtaining all necessary rights and licenses for use including our express written consent; (vi) CB will not disparage or denigrate the Blonde platform in any way, including but not limited to our app, products, services, financial compensation or CB’s association with us; and (vii) other than elements provided by us, the Content shall comply with any Content, brand guidelines, or usage restrictions provided by us or on Blonde, including our Content Guidelines.
Indemnity from CBs
CB will defend, indemnify and hold us and our parent, affiliates, subsidiaries, and related companies, officers, directors, agents, members, contractors, and employees from and against any and all costs, liabilities, demands, claims, suits, actions, damages, losses, judgments and expenses, including without limitation, attorneys’ fees (collectively, “Damages”) arising out of or related to: (a) any breach or alleged breach of CB’s obligations, representations, or responsibilities under these Terms; (b) the Content; (c) CB’s development, production, distribution, operation, or exploitation of the Content, including but not limited to, CB’s failure to comply with applicable disclosure requirements under applicable laws, such as the FTC Endorsement Guidelines, (d) CB’s negligence, gross negligence, willful misconduct, or fraud, (e) any unauthorized use, disclosure, or infringement of any person’s or entity’s intellectual property or proprietary rights, and (f) CB’s Content or Blonde usage. We may, at its election, assume the defense, settlement or other resolution of such claim with counsel of its own choosing, at CB’s cost and expense.
Release and Limitation of Liability Related to CBs
CB, DOES HEREBY AGREE TO RELEASE US AND EACH OF OUR PARENTS, AFFILIATES, SUBSIDIARIES, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCBONTRACTORS (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE “RELEASEES”) WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR DAMAGE (INCLUDING ATTORNEYS’ FEES AND EXPENSES) TO PERSON, PROPERTY OR REPUTATION THAT CB MAY HAVE ARISING OUT OF OR IN CONNECTION WITH CB’S PARTICIPATION IN ANY OF OUR EVENTS, WHETHER ARISING FROM THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES, THIRD PARTIES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING ELSE HEREIN, WE SHALL NOT BE LIABLE TO CB OR ANY PARTY ASSOCIATED WITH OR ACTING ON BEHALF OF CB PURSUANT TO OR IN CONNECTION WITH THESE TERMS, OR ON THE BASIS OF TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY AMOUNT IN EXCESS OF THE FEES PAID TO CB BY US IN THE TWELVE MONTHS LEADING UP TO THE DATE THE CLAIM AROSE.
General Terms for All Users
Who Can Use Blonde
We want Blonde to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need CB to commit to a few restrictions in order to be part of the Blonde community.
- You must be at least 18 years old to become a CB using Blonde.
- You must not be prohibited from receiving any aspect of our services under applicable laws or engaging in payments related to our services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be a convicted sex offender
How You Can't Use Blonde
Providing a safe and open service for a broad community requires that we all do our part.
- You can't violate (or help or encourage others to violate) these Terms or our policies, including our Content Guidelines. If you post branded content, you must comply with any provided branded content policies.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the Content you post or share.
- You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on Blonde, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
- You can't do anything to interfere with or impair the intended operation of Blonde. This includes misusing any reporting, dispute, or appeals channel or by making any damaging, fraudulent or groundless claims or negative and/or disparaging remarks, misleading remarks, opinions, reports or appeals on social media, online or elsewhere.
- You can’t sell, license, or purchase any account or data obtained from Blonde. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other Users; or request or collect Blonde usernames, passwords, or misappropriate access tokens.
- You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
- You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
- You can't use a domain name or URL in your username without our prior written consent
-You can’t advertise, mention or promote any competing or potentially similar characteristics service, app or website
Our Role
Customer Support
For questions concerning your account, payments, our services, or these Terms, as well as general customer support, please contact us at https://support@blonde.social
Content Moderation
While we are not obligated, we proactively look at some pages and posts on Blonde to make sure Users follow these Terms and our Content Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Blonde. In most situations we will work with Users to resolve any potential violations and allow their continued use of Blonde.
Account deletion
We may terminate or suspend your account at any time and for any reason, at our sole discretion. We may also remove any Content (including comments) at any time and for any reason, at our sole discretion. You may not bring a claim against us for suspending or terminating yours or another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs regardless of the determination. These Terms remain in effect even if you no longer have an account. Upon deletion of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical functionality for you to be able to access your Content following termination of your Blonde account.
Updates or Downtime
We are constantly testing out new features with the goal of making Blonde better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these Terms, then we explain those differences in the test. With online site there will be offline downtime. We do our best to minimize such offline downtime and CB understands there is no recourse for this event.
Privacy
With your permission, we may give other websites or services the ability to verify information about your Blonde account or perform actions on your behalf. This permission is asked for when you establish your Blonde account or connect your account to these other websites or services. You can learn more in our Privacy Policy.
General Provisions
Warranty disclaimer
BLONDE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY IS EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF WARRANTY UNDER THIS CLAUSE ALSO APPLY TO OUR SUBSIDIARIES, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS.
Disclaimer Regarding Interactions With Other Users
You are solely responsible for your interactions with other Users, whether online or in person. We assume no responsibility or liability for any loss or damage arising from, attributing to, or resulting from any interaction with other Users, individuals you meet through Blonde, or individuals who find you through your Content.
Disclaimer Regarding Reliance on Content as Professional Advice
We are not lawyers, doctors, providers of healthcare or telehealth services, psychologists or psychiatrists, or other licensed professionals, and do not provide any type of legal, medical, accounting, engineering, product design, or other advice. Nothing contained on Blonde should be construed as such advice or diagnosis. Content should not be interpreted as a substitute for professional consultation, evaluation, or treatment, and the information made available on or through Blonde should not be relied upon when making legal, engineering, product design, or other decisions, or to diagnose or treat a health condition or illness. NO ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP IS FORMED BETWEEN YOU AND US. ANY AND ALL SERVICES PROVIDED BY, IN AND/OR THROUGH BLONDE (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY.
Success Stories Not Guaranteed
Success stories shared or posted on Blonde may not represent typical or even accurate results obtained from any particular techniques, know-how, or tips. While we enable and encourage CB’s and FCR’s to communicate with one another, we are not responsible for monitoring such information and communications. Additionally, we cannot and do not represent or warrant that any Users are licensed, qualified, insured or capable of performing any service, replying by themselves as represented, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor, or the suitability, reliability or accuracy of the services provided.
Force Majeure
We won’t be held liable for any delays or failure in performance of any part of Blonde from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Dispute resolution
We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or in relation to your use of Blonde, then the dispute will be resolved in the federal or state courts located in either Sheridan Wyoming or a place of Blondes choosing. Both parties consent to the exclusive jurisdiction and venue that Blonde chooses for the purpose of resolving any such dispute(s). Wyoming law, excluding its conflict of law provisions, governs these Terms, all other Blonde policies, and any dispute that arises between you and us.
CB agrees that the maximum legal compensation to be paid by Blonde to CB for any and all CB dispute(s) is limited to last 4 months of net compensation received by Blondes resulting from CB’s SMS and image postings.
Miscellaneous
These Terms are an agreement between you and us. These Terms and any referenced policies are the entire agreement between you and us and supersede all prior agreements. You may not assign any of your rights under these Terms to anyone else. We may assign this agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion. If any provision of these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future. We may sometimes make changes to these Terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. We reserve the right to make nonmaterial changes by simply updating these Terms from time to time at our sole discretion. Continuing to use Blonde after a change means you accept the new Terms or policies to the extent permitted by law. If we don’t immediately take action on a violation of these Terms, then we’re not giving up any rights under these Terms and we may still take action at some point. Even if these Terms are terminated by you or us, the following sections will continue to apply: Indemnity for FCRs, Indemnity for CBs, Representations and Warranties of CB, Restrictions, Warranty Disclaimer, Limitation of Liability Related to FCRs, Release and Limitation of Liability Related to CBs, Dispute Resolution, and Miscellaneous.