Specific Practice Policies
In order to better serve our users and ensure that we are always optimizing the benefits and enjoyment provided through our website and/or App, we have established certain specific policies regarding same, indicated below.
Overview. Our goals and objectives include providing our users with a meaningful opportunity to successfully develop new acquaintances, friendships, and even intimate personal relationships. To accomplish these goals and objectives, Blyss has created a more focused and involved method of transforming simple digital interactions (e.g., texting and online chatting) into personal interactions where our users are physically present (e.g., actual dating!). As you may imagine, this was no small task, yet we accepted the challenge of bringing our users together in meaningful ways. We also ensure that the safety and experience of our users are of top priority. Thus, Blyss has implemented certain measures to protect not only yourself and the other users of the Blyss website and/or App, but Blyss as well. Notably, each user of our website and/or App must be at least eighteen (18) years of age.
Safety and Conveyance of Personal Data. Even if you haven’t experienced it yourself, you’ve likely heard proverbial tales of the “worst first date...EVER.” We want to help you avoid that. However, we’re aware that not everything, or everyone, can be perfect all the time, so we at Blyss acknowledge that there may be instances when any interaction in which you participate through the use of our website and/or App is less than desired or, potentially, a risk to your safety. Blyss does not currently perform criminal background checks on its users and cannot make any representation or warranty as to the actions or potential compatibility of any user. However, the use and utilization of our website and/or App constitute each user’s agreement allowing Blyss to conduct such criminal background checks at any time. On account of these concerns, your use of the Blyss website and/or App constitutes your complete acceptance and provides Blyss the right, to transmit your personal data to any local government authority or policing agency in order to assist you with any problem that you may have, as well as your release of Blyss of any responsibility, warranty, obligation, or liability related to or arising from Blyss transmission of your personal information to such governmental authorities and/or policing agencies.
Facial Recognition and Safeguards Against Deceit. Blyss has implemented proprietary facial recognition software in order to ensure that each user is verified and actually is who they claim to be. When providing personal information through our website and/or App, your facial portrait will be required in order to assist Blyss in guarding against any users relying on deceit in interacting with other users. However, no person, or software, is perfect, so given the limitations of artificial intelligence and its human creators, Blyss cannot and does guarantee that a user may successfully use disguise or deceit during interactions with you through the use of our website and/or App. Your use of our website and/or App, therefore, constitutes your complete release of Blyss of any responsibility, warranty, obligation, or liability related to or arising from the actions of any user who practices disguise or deceit through our website and/or App.
Comfortability Ratings and Dismissal. Because Blyss remains concerned with protecting not only the safety of our website and/or App, but the experience our users have through the use of same, Blyss has designed a “comfortability rating” that can be used to indicate how comfortable (or uncomfortable) a user felt when interacting with any other user, whether it be digitally or in physical proximity. This rating system is not designed to, and does not, rate users based on what could be called classical characteristics of physical beauty, or how fun (or boring) a user may have been during any interaction. Rather, this rating system is designed to specifically focus on whether or not a user felt comfortable (as compared to happy, sad, boring, ugly, excited, etc.) with the other user. If any of Blyss’s users do not feel safe in any interaction or feel uncomfortable with any other user, this rating system is a way for Blyss to monitor such interactions and intervene as necessary. As such, Blyss reserves the right to dismiss any user from further use or utilization of our website and/or App in the event that the comfortability rating of such user falls below what Blyss considers an acceptable threshold. It is further important to note that the comfortability rating shall remain private between all users submitting a rating in response to same and Blyss shall not share this data publicly through the website and/or the App. However, Blyss does not control such actions by said users, nor is Blyss in any way involved in same. Thus, your use and utilization of our website and/or App, therefore, constitutes your complete release of Blyss of any responsibility, warranty, obligation, or liability related to or arising from the actions of any user who renders any other user uncomfortable, whether or not that user has been removed by Blyss on account of same, as well as your complete release of Blyss in the event you are removed on account of same.
Standard of Content. While Blyss has a vested interest, and shared hope, in bringing our users
together to form meaningful relationships, Blyss is neither a purveyor nor a provider of unlawful, immoral, or pornographic material or content. Any user utilizing our website and/or App to publishes or depicts unlawful, immoral, or pornographic material, as determined by Blyss, in Blyss’s sole and absolute discretion, shall be subject to the immediate removal and disbarment from our website and/or App or any further use of same. However, Blyss cannot, and does not, guarantee that users may potentially publish and/or share such unlawful, immoral, or pornographic material through our website and/or App for a certain amount of time before Blyss realizes that such information has been published or shared. Your use and utilization of our website and/or App constitute your complete release of Blyss from any responsibility, warranty, obligation, or liability arising from or related to the publication or sharing of such unlawful, immoral, or pornographic content.
Reservations, Payments, and Refunds. Your use and utilization of our website and/or App will swiftly result in you attending the social interactions (or, dates) of your dreams at any of the tasteful third-party locations which Blyss offers in order to provide you with the ability to reserve same for all such special occasions. Although Blyss works with such third-party locations to provide the ability to make reservations, there are often fees or conditions associated with same that are the sole prompt of such third-party locations and outside of Blyss’s control, in addition to the fees that Blyss charges to bring its users this unique ability. Accordingly, all reservation and/or transaction fees incurred and paid by all users of Blyss are non-refundable if the refund request is made within the twenty-four (24) hours window immediately preceding the relevant reservation, regardless of whether any party invited to same attended or did not attend. Also, it is possible, although unlikely, that any of the third-party locations we work with takes action to, disrupt, cancel, or amend any reservation you make through our website and/or App. While we are happy to assist in resolving such an issue, our Terms are evidence of our lack of mandatory responsibility to do so because Blyss cannot be, and is not, in control of the actions of these third-party locations. Your use and utilization of our website and/or App constitute your complete release of Blyss from any responsibility, warranty, obligation, or liability arising from or related to any canceled plans, absent attendees, or actions of third-party locations that endanger or alter any reservation made through Blyss’s website and/or App.
As discussed herein, our App collects and processes important data necessary for the operation and use of our App. While we may make this data available to you as a user of our App at your request, and while you are free to retain a copy of this data, this data is the sole and specific property of Blyss. This means that while you are able to retain and use the data generated through use of our App for your own personal purposes, you are expressly prohibited from attempting to commercialize this data or use this data in any manner that generates profit. The data generated through the use of our App is the foundation of our objectives and core business, and Blyss alone has the sole and absolute right to commercialize this data or utilize this data for any purpose related to generating profit, including the sole and absolute right to sell this data.
By using our App and/or our Blyss website online, you unequivocally acknowledge, understand, and agree that the data generated through such usage is the sole property of Blyss, and that you shall not make any attempt to commercialize or utilize this data for profit, and that only Blyss has the right to commercialize and utilize the data for profit.
Remember, we certainly do not mind that you retain a copy of the data generated by your use of our App. In fact, we encourage you to review and maintain such data if it helps you further utilize our App to its fullest potential. However, please understand that any attempt by you to commercialize or generate a profit using this data is unlawful, and, as such, any profits generated by any such unlawful attempts shall also automatically be the sole property of Blyss.
The utilization of our App inherently involves the inclusion of personal information provided by you that may relate to your personal contact and/or identifying information, as well as your personal financial accounts. The transmission of this information is required and inherent in the utilization of our App, as you must provide this information in order to present yourself to other users of our App to cultivate potential acquaintances, friendships, and personal relationships. If any purchases are made through our App, such information is may be further transmitted to any third-party payor processor we utilize in conducting and operating our website and/or App.
Please note, however, that it is your sole and exclusive responsibility to ensure the privacy and confidentiality of any financial and/or personal identifying information that you submit through our App, including any login and password that you create through the utilization of our App. In the event that you discover any such login, password, and/or information has been comprised or is being used by a party that does not have your permission to do so, then you must immediately contact Blyss so that we may freeze your account and prevent any further unauthorized transactions from being consummated. To be clear, you shall remain liable for any activity consummated through the utilization of our account that uses your login, password, and/or information for same. Blyss cannot and does not excuse any liability or responsibility which you may have regarding such unauthorized use through the utilization of our App. Further, Blyss is not a party to the interactions that occur between you and any other user of our App, including any third-party payor processors managing purchases made through our App, or any third-party locations where such interactions may occur, that arise through using your information to consummate such interactions through the utilization of our App.
You are solely and exclusively responsible for all information that you submit within the App and explicitly understand that such submission of information may not always be withdrawn once submitted. You further expressly acknowledge, assume, agree, and accept all risks associated with the submission of your information within our App and the transmission of your information to any other user of our App, any local government authority or policing agency, any third-party payor processor, or any third-party location where you participate in interactions through the use of our App. You also warrant and represent that any information submitted by you through the use of our App is solely and exclusively owned by you or that you have express permission to submit said information. In the event you submit any information during the utilization of our
App that is false or defamatory, not owned by you, to which you do not have the permission to use, or violates any right, title, or interest of any third-party, you explicitly acknowledge, understand, and agree that you are potentially exposing yourself to legal liability and that Blyss is not in any way responsible for such exposure.
As mentioned herein, we will use any information you submit to us by transmitting said information to any third-parties who will, or must, use said information in order to confirm your identity and associated financial accounts, and also use said information to process any payment associated with the utilization of our App. You expressly acknowledge, understand, and agree that Blyss has no control over the actions of any third-party, including such third-party’s utilization of your information, and you further expressly understand and agree that Blyss shall not be held accountable for any misuse of your information by such third-parties. Blyss will always transmit your information using secure, encrypted electronic transmission services and shall only transmit your information to third-parties that demonstrate the ability to securely receive and maintain your information.
Your information you submit through the utilization of our App is owned by you and Blyss does not claim any ownership or interest in said information. However, by using our App you grant Blyss express permission to transmit your data to third-parties, as stated herein, as well as retain such data in order to assist and enhance your utilization of our App.
Our App may host and present information and/or content, such as links and/or advertisements, regarding other companies, websites, and/or mobile applications (“Third-Party Content”). Blyss neither endorses nor controls the information or data displayed, advertised, or otherwise represented through this Third-Party Content. Your use or utilization of any such Third-Party Content is done at your own risk and you expressly agree that Blyss is not responsible for any aspect of such Third-Party Content. You further acknowledge that such Third-Party Content may require consent to additional third-party terms of service or use, privacy policies, or other terms and provisions that are not reprinted here and for which you remain responsible to familiarize, learn, and follow.
All aspects of our App, as well as all information we provide through any associated Blyss website online, is the sole property of Blyss. This specifically includes, but is not limited to, all intellectual property associated with our App, such as design aspects, all technology used by or associated with our App, any trademarks or trade associated with our App or Blyss LLC, generally, and any patent rights associated with our App.
While your use and utilization of our website and/or App provide Blyss the information necessary to continue optimizing same and providing for your continued use and enjoyment of our website and/or App, your use and utilization of same allow you access to view certain intellectual property of Blyss. Thus, while you may view, navigate, and utilize any information or data generated by Blyss through your usage and utilization of our website and/or App, this is only allowed for solely non-commercial and non-financial personal purposes, and the intellectual property associated with our App does, and shall always, remain exclusively with Blyss.
Further, we continuously strive to ensure that we do not infringe upon the intellectual property of others, whether it be a trademark, copyright, trade secret, or patent, and we want your help in making ensure that the rights of everyone using our App, or utilizing any associated Blyss website, whether as a user, vendor, third-party payor processor, or otherwise, does the same. Thus, we ask that if you see any information or activity you believe to be infringing upon the intellectual property of either Blyss, any other user or visitor of our App of any associated Blyss website, or any third party, you let us know immediately. We will investigate the situation after receiving such a report, but Blyss expressly disclaims any liability for such investigation. Rest assured that your reports to us will be held in strict confidence.
By utilizing our App, you are granting Blyss a non-exclusive license to submit, use, and transmit any information you make available through the use of our App. This license shall be worldwide, royalty-free, sub-licensable, irrevocable, and perpetual. If that sounds like scary legal language, don’t worry. We do not want to steal or misappropriate the proof of your successful use of our App or any associated Blyss website. If we did that, we’d be doing both you and us a disservice. What we do want to do, however, is have the ability to ensure that the interactions you choose to consummate through the utilization of our App are successful, so as to promote both your safety and experiences, as well as ours. In this way, we want to help you because that helps us both.
Also by utilizing our App and any associated Blyss website, Blyss grants to you a non-exclusive, revocable, and non-transferable license to use the services and publicly-shared information offered through our App and any associated Blyss website for non-commercial, non-profit-oriented personal purposes. As a condition of this license, you agree not to use the services provided through our website to perform illegitimate or illegal actions, including, but not limitedto, misappropriatingthedatageneratedthroughtheuseofourApportheoriginalcontent of any associated Blyss website, breaking any law of any domestic or foreign jurisdiction, or avoid any fees or taxes incurred as a result of the use of our App or any associated Blyss website.
Please note that all images, written words, logos, and other media which appear on our website is
the federally protected intellectual property, whether a trademark, copyright, or otherwise, of Blyss, and any unauthorized use of such media shall be considered as an unlawful violation of Blyss’s exclusive ownership rights of such media and prosecuted to the fullest extent the law allows.
Prohibited Use and Utilization
General Disclaimers of Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, PROVIDE OUR APP, ANY ASSOCIATED BLYSS WEBSITE, AND THE SERVICES OFFERED THROUGH UTILIZATION OF SAME “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION EITHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, WE DISCLAIM ANY AND ALL WARRANTIES POTENTIALLY APPLICABLE TO OUR WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER BLYSS NOR ANY OF BLYSS’S AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND/OR AGENTS SHALL BE LIABLE FOR ANY PRODUCTS PROCURED OR TRANSACTED FOR, OR INTERACTIONS WITH OTHER USERS, OR PARTICIPATION IN SOCIAL EVENTS AT ANY THIRD-PARTY LOCATION NOT CONTROLLED EXCLUSIVELY BY BLYSS, THROUGH UTILIZATION OF OUR APP THAT RESULT IN THE CAUSATION OF INJURY OR THAT DO NOT SATISFY OR MEET EXPECTATIONS OR PERSONAL REQUIREMENTS OR THAT YOU OTHERWISE CONSIDER UNACCEPTABLE.
BLYSS RELIES UPON YOU AND YOU ALONE TO INVESTIGATE AND DISCOVER AND UNDERSTAND ANY POTENTIAL INTERACTION WITH OTHER USERS, WHETHER DIGITALLY OR IN PHYSICAL PROXIMITY. IT IS YOUR FURTHER DUTY TO INVESTIGATE AND DISCOVER THE QUALITIES AND ACCEPTABILITY OF SUCH INTERACTIONS OR ANY PRODUCTS OR SERVICES PURCHASED OR RECEIVED BY YOU THROUGH UTILIZATION OF OUR WEBSITE AND/OR APP. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT BLYSS DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION REGARDING SUCH INTERACTIONS, USERS, PRODUCTS, THIRD-PARTY LOCATIONS, OR SERVICES IS ACCURATE, ACCESSIBLE, RELIABLE, COMPLETE, OR FREE FROM ANY ERRORS. ALL DATA, INFORMATION, AND/OR CONTENT PROVIDED THROUGH OUR APP AND ANY ASSOCIATED BLYSS WEBSITE IS PROVIDED TO YOU FOR INFORMATION PURPOSES ONLY AND ANY RELIANCE
ON SUCH INFORMATION IS UNDERTAKEN SOLELY AT YOUR OWN RISK.
In any such dispute, the dispute shall:
Be promptly negotiated between you and Blyss in good faith.
In the event that such negotiation fails, or upon the expiration, or one (1) month of the event(s) giving rise to the dispute, whichever is sooner, the dispute shall then be submitted to non-binding mediation. The Party that first delivers notice of a dispute shall apply to the American Arbitration Association for a mediator, with the mediation to take place in Houston, Harris County, Texas.
DMCA and Copyright Disclaimer
We at Blyss take copyright violations seriously and will assist in any way possible to protect the right of legal copyright owners, whether they be our users or otherwise. If you are a legal copyright owner whose copyrighted content appears on our App or any associated Blyss website without your express authorization, then notify us in writing immediately so that we may identify and confirm the allegedly infringing content and take all appropriate actions to resolve same.
In the event you send us such written notice of alleged infringement of copyrighted content, please make sure that you include all identifying information necessary to confirm both the content and your ability to act on behalf of that content. Specifically, please make sure to include the following in your written notice.
The name and contact information of the owner, or authorized representative of the owner, of the copyrighted content, allegedly being infringed, specifically including the signature of that person and/or entity;
Clear and specific identifying information, including descriptions, samples, and/or reproductions, etc., of the copyrighted content allegedly being infringed;
The specific App and/or websites and/or web addresses where the copyrighted content allegedly being infringed can be located and viewed;
A declaration by the owner, or the authorized representative of the owner, of ownership of the copyrighted content, allegedly being infringed, including any relevant documentation supporting same, and that the owner and/or representative has a good reason and good faith in believing that the copyrighted content is being unlawfully infringed; and
A declaration, made under penalty of perjury, that the information and claims contained within the written notice are both true and correct and all persons identified therein retain the exclusive right to publish, or otherwise use, the copyrighted content.
Again, Blyss considers copyright violation to be a serious act, and for that reason, we must also state that person and/or entity who knowingly and materially misrepresents that certain other material or activity is an act of copyright infringement may be subject to civil liability pursuant to 17 U.S.C. § 512(f).
Consent for Electronic Communications
You agree and consent to receive all communications, information, correspondence, data, notices,
the effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Texas or of any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Texas.