An account on the Application (“User Account”) gives you access to the Services. We may maintain different types of User Accounts based on different types of users. If a User Account is opened on behalf of a company, organization, or other entity, then you represent and warrant that you are authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
We provide the Services to various users. By accepting these Terms, you agree that you will not provide inaccurate, misleading, or false information to Blink or to another user. In creating your User Account, you must provide Blink with accurate and complete information, and such information must be kept up to date.
You are solely responsible for maintaining confidentiality of your User Account and for all activities that occur under your username and password, and you acknowledge that we are not responsible for third-party access to your User Account that results from theft or misappropriation of your username and password. We strongly urge you to change your password periodically, and to utilize “strong” passwords, to help reduce the risk of unauthorized access to your User Account. You will also keep your contact and other information associated with your User Account accurate and up-to-date. You are solely responsible for keeping your User Account secure. You must notify Blink immediately of any breach of security or unauthorized use of your User Account. Blink will not be liable for any losses caused by any unauthorized use of your User Account.
By agreeing to these Terms, you agree not to engage in any prohibited activities, including:
Users are able to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (“User Content”). You are solely responsible for the User Content that you post, publish, display, upload, link to, transmit, or otherwise make accessible in connection with the Services.
BLINK CLAIMS NO OWNERSHIP RIGHTS OVER USER CONTENT. However, other Users may be allowed to view, edit, share, and/or otherwise interact with your User Content. Blink has the right, but not the obligation, in its sole discretion, to remove any User Content that is shared or created using the Service.
In connection with your User Content, by agreeing to these Terms, you affirm, represent, and warrant that you have the written consent of each and every identifiable natural person in your User Content to use their name or likeness in any manner contemplated by the Service and these terms, and any such person has released you from liability that may arise in relation to use of their name or likeness. You further affirm, represent, and warrant that you have obtained and are solely responsible for obtaining all consents as may be required to post any User Content relating to third parties. You further affirm, represent, and warrant that you will not use the Service to violate any law or infringe any rights of any third party, including, but not limited to, intellectual property and privacy rights.
You further affirm, represent, and warrant that Blink may exercise any rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise, and you grant to us, our licensees, successors, assigns, affiliates, and agents, an irrevocable, perpetual, non-exclusive, transferable, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify, and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media known or hereafter created. You represent and warrant that any posting and use of your User Content by us will not infringe or violate the rights of any third party.
All Blink Content including, but not limited to, software, images, text, graphics, interactive features, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other User Content not belonging to you, and all intellectual property rights related thereto, are the exclusive property of Blink and its licensors, subject to copyright and other intellectual property rights under U.S. and foreign laws and international conventions. All Blink Content is provided to you solely for your information and personal, non-commercial use. We or our licensors retain all proprietary and intellectual rights in and to the Services and Blink Content, except as expressly provided herein. In accepting these terms, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Blink Content. If you download, print, or otherwise obtain a copy of any Blink Content for personal use, you must retain all copyright and other proprietary notices included therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service that prevent or restrict use or copying of any Blink Content or enforce limitations on the use of the Services.
Users may submit comments or ideas about the Service. In doing so, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place Blink under any fiduciary or other obligation. In agreeing to these terms, you agree that Blink may use any comments or ideas without any compensation to you and Blink may disclose any comments or ideas on a non-confidential basis to anyone. Blink does not waive any rights to use similar or related ideas previously known to Blink, developed by its employees, or obtained from other sources.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY, AND USER ACCOUNT CONTENT RESIDING ON BLINK SERVERS MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN BLINK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITH NO LIABILITY OF ANY KIND. BLINK DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASE OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDE ON BLINK SERVERS.
Blink values and cares about the integrity and security of your personal information. However, you assume all risk when using the Service. We make no representations or warranties as to actions of unauthorized third parties who may be able to defeat our security measures to access your personal information. You acknowledge that you provide your personal information at your own risk.
Similarly, the Services may contain links to third-party websites, services, and other resources. Blink is not responsible for maintaining any materials from a third-party website, and makes no warranties for such websites or respective services. Blink assumes no obligations or liability in the event of any damage or loss directly or indirectly resulting from the use of any content, goods, or services available on, or through a third-party website.
When using the Services from a mobile device, please note that your carrier’s data rates and fees may apply. You agree that you are solely responsible for any such charges.
To use the Services on a mobile device, you must have a mobile device that is compatible with the Application. Blink does not warrant that the Application will be compatible with your mobile device.
Upon agreement of these Terms, Blink grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Application for one Blink User Account on one mobile device owned or leased solely by you, for your personal use. By agreeing to these terms, you agree and warrant that you will not:
The following applies to any Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Blink, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Blink as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Blink as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Blink, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Blink acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Application you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Blink only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Blink, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Blink’s Google-Sourced Software.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, WETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERUPPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. BLINK DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, ANY DAMAGE TO YOUR DEVICE, INTERNT ACCESS, OR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA, THAT RESULTS OR MAY RESULT FROM OBTAINING ANY CONTENT BY USING THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLINK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACES, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF OUR SERVICES, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFROMATION STORED THEREIN, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRASMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, EXCEED THE AMOUNT OF US$100.00 OR ITS EQUIVALENT.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLINK HAS BEEN ADVISED OR KNOWS OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitations are subject to state law and may vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by relevant applicable law.
If anyone brings a claim against us that relates to or arises out of your conduct or your use of the Services, you agree to indemnify and hold us, our subsidiary and parent companies, affiliates, and agents, and each of our officers, directors, employees, and related third parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim, including claims in connection with any allegation of intellectual property infringement or infringement of any other proprietary right of a third party, your conduct in connection with the Service, and/or any violation of these Terms. Although we provide these Terms to govern the conduct of our Users, we do not control or direct our Users’ actions in connection with the Services, and are not responsible for such actions. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter in connection with the Services, and we are not responsible for the conduct, whether online or offline, or any User.
You and we understand and agree that any dispute arising out of or related to the Services or these Terms (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this Section, and will be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to these terms to arbitrate Disputes are claims of infringement or misappropriation of our copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property, which we may elect to have resolved by means other than arbitration. Notwithstanding the above, we are always interested in resolving any Dispute by amicable and informal means, and we encourage you to Contact us before resorting to arbitration. YOU AND WE UNDERSTAND AND AGREE THAT YOU AND WE ARE BOTH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute in connection with the Services or these Terms except as provided above, and that both of our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
YOU AND WE UNDERSTAND AND AGREE THAT NEITHER YOU NOR US WILL BRING NOR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, you and we understand and agree that neither you nor us will bring nor participate in any class arbitration or any arbitration where a person brings a Dispute as a representative of other person.
By agreeing to these Terms, you agree that any Dispute will be filed in Chicago, Illinois, U.S. or another location mutually agreeable to the parties, and will be administered by and pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA), a non-profit organization that is not affiliated with either you or us.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred.
We reserve the right, in our sole discretion, to revise, amend, modify, or revoke these Terms at any time, and in any manner to the fullest extent permitted by law. Changes to these Terms will be effective upon being made accessible via the Application or the most recent available version of the Application.
These Terms, and any rights and licenses granted herein, may not be transferred or assigned by you, but may be assigned by Blink without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
All of Blink’s rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We reserve all rights not expressly granted to you. These Terms do not confer any third party beneficiary rights.
If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Blink’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding these Terms.