Blonde is a worldwide media platform allowing Fans/Clients/Recipients (“FCR’s”) to receives and transmits SMS messages and images to a Creator or Business (“CB”) directly on their cell phones (no websites)..
How it Works is Simple:
Through direct SMS messages with CBs, You may voluntarily Opt-In to acquire access to individual texts, special Content, view early released Content, directly interact with CBs you support. To become a FCR, simply create an account when prompted by you CB, add your preferred payment method, and start supporting a CB, as your now registered to communicate with your favorite CB. You can choose to receive messages for free or reply for a fee, it’s your choice!
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 of Service apply to all Users 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 material provided through Blonde by any User (whether a CB or a FCR), 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 transmits and receives SMS messages and transmits images on the Blonde platform, which will be viewed by FCR’s.
FCR means a User who receives and transmits SMS messages and/or receives on image from to an CB for a fee.
Blonde means the media platform and the services offered by us.
User means anyone utilizing the Blonde Media platform, (also referred to as “you” or “your”).
“we”, “our”, and “us” refer to Blonde, LLC and our affiliates.
Special Terms for FCRs
Direct SMS Messages
To communicate with your favorite CB you must create and account. Once created you will receive a confirmation from Blonde containing the payment terms, Blonde’s cancellation policy, and instructions on how to cancel. After creating an account with a CB, you may pay for CB direct SMS messages. Direct SMS messages are charged on a per transaction basis with no refunds and no guarantees of any kind (even if the CB does not respond to one or multiple messages from you). Minimum direct message prices may change at any time. You shall pay the applicable minimum direct messaging price listed on the text screen at the time of each purchase.
All Content included in a direct message must comply with these Terms and our Content Guidelines..
Locked Content
CBs may send you Images/Content that is behind a paywall (a “Locked Content Message”). To access the locked Content in the Locked Content Message, FCRs must pay a pre-populated price included in the Locked Content Message.
Cancelling Your Account
You may Opt-out and cancel your account with any or all CB’s by just stop sending text messages, stop opening images and/or delete any affiliation associated on your phone, at any time through your account settings. You may also request that your FCR account be deleted entirely by contacting us at support@Blonde.social with a description of your request and your account information. The deletion process will begin no more than 10 days after the date of your deletion request. It may take up to 45 days to completely delete your account after the deletion process begins. While the deletion process is being undertaken, your Content remains subject to these Terms and our Privacy Policy. You will lose access to all messages and Content immediately upon the deletion of your account.
Loss of Access to Content
You will lose access to Content if your payment method fails, the CB blocks you, or the CB deletes their account. We are not required to allow you to be a FCR of any particular CB.
Taxes and Other Fees
If you are located in a jurisdiction in which we are required to charge and collect tax (e.g., VAT or sales tax), then this tax is added to your total charge. Except in limited circumstances, this tax will be shown when you set up your initial account or purchase a prepaid direct SMS message/image from a CB. We remit all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date in your Blonde account.
Depending on your location, some banks may charge you a foreign transaction fee for payments processed through the platform. We do not control this charge, but it is typically around 3.0%. Please contact your bank for more information.
CB Accounts
CBs’ vary, and we have limited control over the quality and specific offerings. While we are not obligated, we attempt to screen for fraudulent CB accounts but cannot guarantee the identity of CBs or the validity of any claims they make. We appreciate your help reporting suspicious CB pages to support@Blonde.social so we can keep Blonde safe.
Indemnity from FCRs
If we are sued because of your use or conduct on Blonde, you have to help pay for it. FCRs will indemnify us and our parents, affiliates, third-party service providers, subsidiaries, and related companies, members, officers, directors, agents, 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 FCR’s use of Blonde. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we exercise our right to control the defense of a claim asserted against us, then you will cooperate with us and help us in our defense.
Limitation of Liability Related to FCRs
TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, OR YOUR USE OR ATTEMPTED USE OF BLONDE. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES IS LIMITED TO THE AMOUNT OF MONEY WE HAVE EARNED FROM YOU THROUGH YOUR USE OF BLONDE IN THE FOUR MONTHS LEADING UP TO THE DATE THE CLAIM AROSE. WE ARE SPECIFICALLY NOT LIABLE FOR LOSS ASSOCIATED WITH UNFULFILLED BENEFITS AND FROM LOSSES CAUSED BY CONFLICTING CONTRACTUAL AGREEMENTS. FOR THIS CLAUSE “WE” AND “OUR” IS DEFINED TO INCLUDE OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD-PARTY SERVICE PROVIDERS.
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) from our records.
Ownership and License of Your Content
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.
Representations and Warranties of FCR’s
FCR’s represents and warrants that: (i) they are 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 hereunder in accordance with all applicable laws, rules, and regulations; (iii) other than elements provided by us, FCR, 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) FCR will not use any third party Content or proprietary materials (including logos, names, images, etc.) for commercial purposes without first obtaining all necessary rights and licenses for use including our express written consent; (v) FCR will not disparage, slander or denigrate the Blonde platform in any way, including but not limited to our app, products, services, fee or CB’s association with us; and (vii) other than elements provided by us, the Content of CB’s shall comply with Content Guidelines.
Release and Limitation of Liability Related to FCRs
FCR, 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 FCR MAY HAVE ARISING OUT OF OR IN CONNECTION WITH FCR’S PARTICIPATION IN ANY BLONDE MESSAGING, 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 FCR OR ANY PARTY ASSOCIATED WITH OR ACTING ON BEHALF OF FCR 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, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY AMOUNT IN EXCESS OF THE FEES PAID BY FCR 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 you to commit to a few restrictions in order to be part of the Blonde community.
- You must be at least 16 years old to use Blonde.
- You must not be prohibited from receiving any aspect of CB services under applicable laws or engaging in payments related to CB services if you are on an applicable denied FCR listing.
- We must not have previously disabled your account for violation of law or any of our policies.
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 If you send SMS messages, you must comply with 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 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 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.
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. We do not allow refunds, though we may grant exceptions at our sole discretion.
App Uptime and Updates
We are constantly testing out new features with the goal of making Blonde better and minimizing downtime. 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.
Sanctions Compliance
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.
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 CB’s. 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 work quality 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.
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. 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, Blonde 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 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.
Contact Us
If you have any questions about this Privacy Policy, You can contact us by visiting this page on our website: https://support@blonde.social