Thank you for using Twitter by Operation Bluebird!
These Terms of Service ("Terms") govern your access to, and use of the Bluebird website located at twitter.now, the Bluebird app, APIs, widgets and associated products and services (“Bluebird” or the “Service”) provided by Operation Bluebird Inc. (“Bluebird,” “we,” “us” or “our”). Please read these Terms carefully. By accessing or using Bluebird, you agree to be bound by these Terms, our Privacy Policy, our guidelines, and any other policies expressly incorporated into these Terms (collectively, the “Policies”).
By accessing this Service, you understand and explicitly acknowledge that Bluebird and its Service are not associated in any way with X.com, the X social media app, X Corp., or any of its related companies.
1. Agreement to Terms. Bluebird empowers users to connect with others through its Service. To provide our Service, we need to be able to identify you and your interests. By using our Service, you agree to be bound by the Policies. If you do not agree to be bound by the Policies, you may not use the Service. Subject to the Policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Service, for information on how we collect, use and share your information.
3. Changes to these Terms or the Service. We may update the Policies from time to time. If we make a material change, we will provide reasonable advance notice through the Service, by email, or by another appropriate method, unless the change must take effect sooner for legal, security, or safety reasons. It is important that you review the Terms whenever we update them or you use the Service. If you continue to use the Service after we have posted updated Terms it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion. For the avoidance of doubt, we will not at any time be obligated to provide any adaptations, enhancements and/or modifications to the Service, including without limitation any updates, patches, bug-fixes and/or upgrades, or any new versions and/or releases of the Service which incorporate new features or functions.
4. Eligibility; Accounts.
(a) Minimum Age and Consent. You must be at least 13 years old and old enough under the laws of your jurisdiction to consent to the processing of your personal information. If you are under the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
(b) Account Information. It is important that you provide us with accurate, complete and current account information and keep this information up to date. If you do not, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account.
5. Your Content.
Posting Content. Our Service may allow you to store or share content such as text, documents, graphics, images, audio, video and other types of media and files. Anything that you post or otherwise make available through the Service is referred to as “User Content.” Bluebird does not claim any ownership rights in any User Content and nothing in the Policies will be deemed to restrict any rights that you may have to your User Content.
Permissions to Your User Content. By making any User Content available through the Service, you grant Bluebird a permanent, non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service; for commercial, advertising, and marketing purposes; for developing, training, testing, evaluating, and improving artificial intelligence, machine-learning, content-moderation, recommendation, safety, and other data-driven models, systems, and technologies; and for any other purposes Bluebird deems appropriate.
Artificial Intelligence and Automated Systems. Bluebird may use artificial intelligence, machine learning, and other automated systems to analyze User Content that you make publicly available through the Service and related information. We may use these systems to operate, protect, and improve the Service; detect spam, fraud, manipulation, and violations of the Policies; assess the apparent authenticity, accuracy, reliability, context, or source of User Content that you make publicly available through the Service; and determine whether content should be labeled, restricted, reduced in visibility, referred for human review, or removed.
Automated assessments may be incomplete, inaccurate, or affected by context that is unavailable to Bluebird. An automated assessment is not a definitive determination that User Content is true or false. Bluebird does not guarantee the accuracy of User Content or undertake a general obligation to independently verify it. When available, users may use Bluebird’s reporting or appeal process to request review of a decision affecting their content or account.
Bluebird may also use User Content and related information to develop, train, test, evaluate, and improve artificial intelligence and machine-learning models, algorithms, content-moderation tools, recommendation systems, safety systems, and other data-driven technologies used by or for Bluebird. Bluebird may engage service providers to assist with these activities, subject to appropriate contractual restrictions and the Privacy Policy.
Deleting User Content may not remove information, patterns, or improvements previously incorporated into a trained model or system, except where removal is required by applicable law. Bluebird’s collection and use of personal information in connection with these activities is governed by the Privacy Policy and applicable law.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to post, share and grant us the license rights in your User Content under the Policies. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Bluebird on or through the Service will infringe, misappropriate or violate a third party’s Intellectual Property Rights (as defined below), or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Following termination or deactivation of your account, or if you remove any User Content from Bluebird, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Bluebird and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Bluebird.
Bluebird’s Intellectual Property. We may make available through the Service content that is subject to intellectual property rights (including, but not limited to patents, trademarks, trade names, domain names, copyrights, moral rights, collectively, “Intellectual Property Rights”). We retain all Intellectual Property Rights to such content.
6. Feedback You Provide.
We value hearing from our users and are always interested in learning about ways we can make Bluebird even better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Bluebird doesn’t waive any rights to use similar or related feedback previously known to Bluebird, or developed by its employees, or obtained from sources other than you.
7. General Prohibitions and Bluebird’s Enforcement Rights.
You agree to abide by Bluebird’s guidelines and policies that Bluebird provides from time to time. In addition, you agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability or concerns by certain regulatory agencies; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Service or any individual element within the Service, Bluebird’s name, any Bluebird trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bluebird’s express written consent;
- Access, tamper with, or use non-public areas of the Service, Bluebird’s computer systems, or the technical delivery systems of Bluebird’s providers;
- Attempt to probe, scan or test the vulnerability of any Bluebird system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bluebird or any of Bluebird’s providers or any other third party (including another user) to protect the Service;
- Attempt to access, search, use, scrape or copy the Service or User Content, or download content from the Service using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bluebird or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Bluebird trademark, logo or URL without Bluebird’s express written consent;
- Use the Service, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Policies;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information obtained from the Service from other users of the Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual or software to do any of the foregoing.
Bluebird is not obligated to monitor access to or use of the Service or to review, flag, or edit any content (including User Content). However, we have the right to do so for the purpose of operating the Service, to ensure compliance with the Policies and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, edit, obscure or disable access to any content (including via the functionality of the Service), including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of the Policies, or any other reason. We have the right, but are not obligated, to provide notice to you if we remove or disable access to, or review, flag, or edit any of your User Content (such notice may include, at our sole discretion, the reasons for any such removal or modification of the User Content). Further, we have the right to investigate violations of these Terms and other guidelines and policies or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right to suspend or terminate your user account or access to the Service, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider you in violation of the Policies, or any other reason. We have the right, but are not obligated, to provide notice to you if we suspend or terminate your account and/or access to the Service, including the reasons for any such suspension or termination. This may include permanent suspension of your access to the Service. Further, we have the right to investigate violations of the Policies or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Sections 5, 7, and 11 through 15 will survive the termination of these Terms and your account.
Reporting and Enforcement. If you believe that content, an account, or activity on Bluebird violates the Policies, you may report it by contacting us at [email protected].
We review reports and may use automated systems, human review, or both. When appropriate, we will let the reporting person know whether we found a violation. If you disagree with our decision, we may provide an opportunity to request another review.
Depending on the circumstances, we may remove or restrict content; add a warning or other context; reduce content’s visibility or eligibility for recommendation; restrict account features; suspend or terminate an account; preserve relevant information; or contact law enforcement. We may consider the nature and severity of the conduct, the surrounding context, previous violations, and the risk of harm to users, Bluebird, or others.
We aim to acknowledge reports within five business days and resolve most reports within 30 days. Some reports may require additional time because of their complexity, the need for additional information, or safety, security, or legal considerations. Reports involving an imminent threat of harm may be prioritized. These timeframes are operational targets rather than guarantees, except where applicable law requires action within a specified period.
When we remove your content or restrict your account, we will generally notify you and explain any available appeal process. We may withhold notice or an appeal where reasonably necessary to prevent harm, protect the Service, comply with law, address serious or repeated violations, or avoid compromising an investigation.
Intimate Image Removal Process. Under the federal TAKE IT DOWN Act, an identifiable individual, or a person authorized to act on that individual’s behalf, may request removal of an intimate image published on Bluebird without the individual’s consent. This process covers qualifying authentic images and digitally created or altered images.
You do not need a Bluebird account to submit a request. Send your written request to [email protected] with the subject line “Intimate Image Removal Request.” Your request must include:
(i) your physical or electronic signature;
(ii) information reasonably sufficient for Bluebird to locate the image, such as the URL, post or message identifier, account name, or a description of where it appears;
(iii) a brief statement that you have a good-faith belief that the identified image was published without the depicted individual’s consent, including any relevant supporting information; and
(iv) contact information that Bluebird can use to communicate with you.
If you are submitting the request for another person, please also state that you are authorized to act on that person’s behalf. You should not send Bluebird a copy of the intimate image unless Bluebird specifically requests it.
Bluebird will confirm receipt and provide a reference number for the request. After receiving a valid request, Bluebird will remove the identified image as soon as possible and no later than 48 hours after receipt. Bluebird will also make reasonable efforts to identify and remove known identical copies. We will notify you when we have completed our review or if additional information is needed to process the request.
The general reporting timeframes stated above do not apply to valid intimate-image removal requests, which will be handled within the time required by applicable law.
Additional information about the TAKE IT DOWN Act and its requirements is available in the Federal Trade Commission’s guidance at https://www.ftc.gov/business-guidance/resources/complying-take-it-down-act.
8. DMCA/Copyright Policy.
Bluebird respects copyright law and expects its users to do the same. We have a policy that includes the removal of any infringing material from the Service and for the termination, in appropriate circumstances, of users of our Service who are repeat infringers. If you believe that anything on our Service infringes a copyright that you own or control, you may notify us by contacting:
Copyright Agent
Operation Bluebird Inc.
3057 Nutley Street #801
Fairfax, VA 22031
[email protected]
See 17 U.S.C. ยง 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Bluebird for certain costs and damages.
9. Access to Third Party Websites or Resources.
Bluebird may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Bluebird. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. You acknowledge that we provide access only as a convenience and, except as otherwise expressly indicated by Bluebird, we are not responsible for the products or services on or available from those resources or links displayed on such websites. If you purchase any of the products or services offered by these third party websites or other resources, you are purchasing directly from those third parties, not from Bluebird, and you should contact the relevant third party for further details regarding such products and services. If you access any third party website, service, or content from Bluebird, you do so at your own risk and you agree that Bluebird has no liability arising from your use of or access to any third party website, service, or content.
10. Payments; Early Access; Digital Products
Purchases and Payment Authorization. Bluebird may offer paid access, features, services, or digital products through the Service, including early access, account-related features, handles or other identifiers, and digital badges (collectively, “Paid Offerings”). The price and any additional terms applicable to a Paid Offering will be disclosed at or before the time of purchase. By submitting a purchase, you represent that you are authorized to use the selected payment method and authorize Bluebird and its third-party payment processors to charge that payment method for the total amount disclosed to you, including any applicable taxes. If you are under the age of majority where you live, your parent or legal guardian must authorize the purchase.
Early Access Fee. Bluebird may charge a one-time fee to participate in an early-access program. The early-access fee is consideration for early participation in the Service and access to the functionality, if any, that Bluebird makes available to early-access participants from time to time. Early-access features may be incomplete, experimental, modified, unavailable, or discontinued at any time.
Payment of an early-access fee does not purchase, reserve, or guarantee:
- approval or maintenance of any particular account;
- the issuance, availability, exclusivity, or continued use of any username, handle, display name, badge, identifier, or account feature;
- access to any particular functionality or version of the Service; or
- continued or uninterrupted access to the Service for any particular period.
Accounts, handles, usernames, badges, and other identifiers or features are licensed or made available for use through the Service; they are not sold to you and do not become your property. Subject to applicable law, Bluebird may reject, change, reclaim, reassign, disable, or remove any account, handle, username, badge, identifier, or feature as permitted by the Policies.
Digital Products. When you purchase or receive a digital badge or another digital product, Bluebird grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to use or display that digital product solely through the Service and in accordance with the Policies. Digital products have no cash value, are not legal tender, and may not be sold, transferred, exchanged, or redeemed except where Bluebird expressly permits. Purchasing or receiving a digital product does not transfer to you any ownership of the digital product or any associated Intellectual Property Rights. Bluebird may modify the appearance, functionality, or availability of digital products as the Service evolves.
Final Sales; Refunds. Except as required by applicable law or expressly stated by Bluebird at the time of purchase, all purchases are final and non-refundable once the applicable early access, feature, service, or digital product has been made available to you. If Bluebird suspends or terminates your account or access to the Service, or removes or revokes a Paid Offering, because Bluebird determines that you violated the Policies, you will not be entitled to a refund, credit, replacement, or other compensation, except to the extent required by applicable law. Termination does not relieve you of any payment obligation incurred before termination.
If Bluebird accepts an early-access payment but does not make any early-access participation available to you, Bluebird may cancel the transaction and provide the remedy required by applicable law. Nothing in this Section limits any non-waivable rights you may have under applicable law.
Payment Processors; Payment Problems. Payments may be processed by third-party payment processors and may be subject to their additional terms and privacy policies. Bluebird is not responsible for fees charged by your bank, card issuer, or payment provider. Bluebird may decline or cancel a transaction, correct pricing or billing errors, or suspend access to a Paid Offering if a payment is declined, reversed, disputed, refunded, or suspected to be unauthorized or fraudulent.
Pricing Changes. Bluebird may change the prices or availability of Paid Offerings at any time. A pricing change will not increase the amount of a completed one-time purchase unless you separately authorize an additional charge.
11. Security.
We care about the security of our users. While we work to protect the security of your content and account, Bluebird can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
12. Disclaimer.
General. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Service.
Local Laws. Use of the products or services made available via the Service or the distribution of materials via the Service may be restricted or prohibited by law in certain jurisdictions. It is your responsibility to find out what those restrictions or prohibitions are and to observe them. If in doubt, you should check with your local regulator or authority before requesting further information in relation to or entering into any transaction in respect of the products or services made available via the Service. Nothing on the Service shall constitute an offer on Bluebird’s part to provide products or services to persons or entities resident in those jurisdictions where local law or regulation does not permit their use.
Indemnity. You will indemnify and hold Bluebird and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Content, or (c) your violation of the Policies.
13. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BLUEBIRD NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (I) THE POLICIES; OR (II) YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUEBIRD OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BLUEBIRD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE POLICIES OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BLUEBIRD FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BLUEBIRD, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUEBIRD AND YOU.
14. Governing Law and Forum Choice.
The Policies and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 “Dispute Resolution”, the exclusive jurisdiction for all Disputes (defined below) that you and Bluebird are not required to arbitrate will be the state and Federal courts located in Wilmington, Delaware, and you and Bluebird each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS ACTION.
(a) Informal Resolution. Before starting arbitration, you and Bluebird agree to try to resolve the Dispute informally. The party raising the Dispute must send written notice describing the Dispute and the requested relief. Notices to Bluebird must be sent to [email protected] or:
Operation Bluebird Inc.
Attn: Legal
3057 Nutley Street #801
Fairfax, VA 22031
If the parties cannot resolve the Dispute within sixty (60) days after receipt of the notice, either party may begin arbitration.
(b) Binding Arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to the Service, the Policies, or your relationship with Bluebird (a “Dispute”) will be resolved through binding individual arbitration, not in court. You and Bluebird each waive the right to a jury trial.
The Federal Arbitration Act governs this Section.
(c) Exceptions. Either party may:
(i) bring an eligible individual claim in small claims court;
(ii) seek temporary or emergency relief from a court to prevent immediate and irreparable harm; or
(iii) bring a court action concerning the infringement or misappropriation of Intellectual Property Rights.
Nothing in this Section prevents you from reporting a matter to a government agency.
(d) Arbitration Rules. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules then in effect. The rules are available at www.adr.org.
The arbitration may be conducted by telephone, videoconference, written submissions, or in the county or parish where you live. Payment of arbitration fees will be governed by the AAA Rules. Bluebird will pay the fees it is required to pay under those Rules.
Except for questions concerning whether an agreement to arbitrate was formed or whether the class-action waiver below is enforceable, the arbitrator will decide issues concerning the interpretation, applicability, and enforceability of this Section. The arbitrator may award any relief available to an individual claimant under applicable law.
(e) No Class Actions. YOU AND BLUEBIRD AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Unless all parties agree in writing, an arbitrator may not combine the claims of more than one person.
(f) Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address or username associated with your account, a clear statement that you are opting out of arbitration, and your signature.
Opting out will not affect any other part of these Terms or your ability to use the Service.
(g) Severability and Survival. If part of this Section is found unenforceable, the remaining provisions will continue to apply. However, if the prohibition on class or representative arbitration is found unenforceable for a particular claim, that claim must be resolved in court rather than through class or representative arbitration.
This Section survives the termination of these Terms and your account.
16. General Terms.
Reservation of Rights. Bluebird and its licensors exclusively own all right, title and interest in and to the Service, including all associated Intellectual Property Rights thereto. You acknowledge that the Service is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
Entire Agreement. The Policies constitute the entire and exclusive agreement between you and Bluebird regarding the Service and supersede all prior oral or written agreements concerning the Service. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Bluebird’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Bluebird may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Bluebird under these Terms will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the notice will be effective when sent.
Waiver of Rights. Bluebird’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bluebird. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions About These Terms. If you have questions about these Terms or Bluebird’s enforcement practices, contact us at:
Operation Bluebird Inc.
3057 Nutley Street #801
Fairfax, VA 22031
[email protected]