Last Revised: January, 2016
Welcome to Blink Inc!
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES (EACH A “SITE”) OF BLINK INC, ITS AFFILIATES OR AGENTS (“BLINK INC”) WITH LINKS TO THIS AGREEMENT IN ANY WAY, INCLUDING PHOTO SHOOTS OR OTHER SERVICES OR RESOURCES AVAILABLE OR ENABLED VIA A SITE (EACH A “SERVICE”), PROVIDING EXPRESS CONSENT TO THESE TERMS BY CLICKING ON THE “I ACCEPT” BUTTON OR ANY OTHER METHOD OF EXPRESS CONSENT, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING A SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BLINK INC, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT BROWSE THE SITE OR ACCESS OR USE THE SERVICES.
PLEASE NOTE THAT The Terms are subject to change by BLINK INC in its sole discretion at any time. When changes are made, Blink Inc will make a new copy of the Terms available at the Site. We will also update the “Last Revised” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account (as defined below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Site and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (as defined below). Blink Inc may require you to provide consent to the updated Terms in a specified manner before further use of the Site and/or the Services is permitted. If you do not agree to all changes after receiving a notice of such changes, you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your ac ceptance of such changes.
PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
In order to access certain features of the Services you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Site (“Account”) by either providing information directly to Blink Inc or allowing Blink Inc access to the user’s information by connecting the Services to a social networking service (“Social Networking Service”) account supported by Blink Inc (each such account, a “Social Media Account”).
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; and (2) not a person barred from using the Site or Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site or Services by minors. You may not share your Account or password with anyone, and you agree to (1) notify Blink Inc immediately of any unauthorized use of your password or any other breach of security and (2) log off from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blink Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blink Inc has the right to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Blink Inc reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights.
You may link your Account with your Social Media Account, by allowing Blink Inc to access your Social Media Account, as is permitted under the applicable terms and conditions that govern your use of each Social Media Account. You represent that you are entitled to disclose your Social Media Account login information to Blink Inc and/or grant Blink Inc access to your Social Media Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Social Media Account and without obligating Blink Inc to pay any fees or making Blink Inc subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE ASSOCIATED WITH YOUR SOCIAL MEDIA ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL NETWORKING SERVICE, AND BLINK INC DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SOCIAL NETWORKING SERVICE IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNT.
You are responsible for keeping your password secret and private. You are responsible for anything that happens using your Account and you agree to let us know immediately if anyone accesses or uses of your Account without your permission. Blink Inc is not responsible or liable for any damage or loss that happens if your account is accessed by someone without your permission.
The Site, Services, and the information and content available on the foregoing (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Blink Inc grants you a limited license to reproduce portions of the Company Properties solely to the extent necessary to use the Services for your personal or internal business purposes. Unless otherwise specified by Blink Inc in a separate license, your right to use any Company Properties is subject to the Terms. There are no implied licenses granted to you under these Terms.
You agree that Blink Inc and its licensors own all rights, title and interest in the Company Properties. You agree that you have no right or title in or to any content that appears on or in the Company Properties, other than as expressly granted in the section entitled “Blinks.” You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or the Company Properties.
Blink Inc’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Company Properties are the trademarks of Blink Inc and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Company Properties are the property of their respective owners.
By using the Company Properties, you acknowledge and agree that Blink Inc owns all right, title, and interest in any photos (“Blinks”) taken by use of the Services, including all intellectual property and proprietary rights therein. You hereby assign to Blink Inc all right, title, and interest to the Blinks (including all intellectual property and proprietary rights therein), and you hereby waive all moral rights, privacy rights, publicity rights, artist’s rights, rights of integrity, rights of attribution, and all other rights you may have in or related to any of the Blinks (including rights associated with your likeness or image appearing in such Blinks). You acknowledge and agree that Blink Inc may use, reproduce, distribute, market, publicly perform, publicly display, make derivative works from, and otherwise exploit such Blinks in any way, and may sublicense such rights to third parties for any purpose, including but not limited to, Blink Inc’s or any third party’s advertising and marketing purposes worldwide in all forms of media whether now known or hereafter developed, without any notice, attribution, or compensation to you.
You hereby release all claims to any profits that may arise from use of any Blinks or images derived from such Blinks. You represent and warrant that you have the legal authority to grant, assign, waive, and release the foregoing rights. Notwithstanding the foregoing, if you inform Blink Inc that you would prefer Blink Inc not to use certain Blinks on Blink Inc’s social media pages by opting out when you are presented with the option during the photo shoot reservation process, Blink Inc agrees not to use such Blinks on social media pages controlled by Blink Inc.
If you do not opt-out of such social media sharing by Blink Inc prior to the commencement of the applicable photo shoot, you may not later request opt-out for Blinks arising from such photo shoot. You acknowledge and agree that even if you opt-out of Blink Inc’s social media use of certain Blinks, Blink Inc will still be able to exercise all other rights with respect to such Blinks and as a result such Blinks may be displayed on third party social media pages despite your opt-out.
“Licensed Blinks” means any Blinks that Blink Inc offers to you for licensing in accordance with this paragraph, for which you actually purchase a license from Blink Inc. You understand and agree that if Blink Inc is unable to obtain all required consents and releases from all persons or entities that appear (or that have proprietary rights in any works that appear) in a Blink (“Third-Party Rights Clearances”), Blink Inc shall not have any obligation to make such Blink available to you for licensing as a Licensed Blink, and you shall not have any rights with respect to such Blink. Subject to your timely payment of all fees and your compliance with these Terms, Blink Inc hereby grants you a limited, non-exclusive, worldwide, sublicensable (subject to the restriction set forth in this paragraph) license, under all of Blink Inc’s rights in the Licensed Blinks, to use, reproduce, publicly display, publicly perform, and make derivative works of the Licensed Blinks solely for your own personal use and/or for the purposes of promoting your company’s products and services. The foregoing license is sublicensable solely to third party service providers who are providing services to you in order for you to exercise the foregoing rights to the Licensed Blinks. You may not sell or license the Licensed Blinks to any third parties or otherwise use the Licensed Blinks for any other purposes unless you receive prior written consent from Blink Inc. For the avoidance of doubt, the foregoing license to the Licensed Blinks may be transferred only in the event of a corporate acquisition as permitted under the section entitled “Assignments”.
You hereby consent to provide and authorize Blink Inc and Stripe to share any information and payment instructions you provide to the extent required to complete the payment transactions, including personal, financial, credit card payment, and transaction information.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: firstname.lastname@example.org.
You are responsible for your use of the Services, and for any use of the Services made using your Account. At Blink Inc, our goal is to create a positive, rewarding, and safe experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Blink Inc. When you use the Services, you may not:
You agree that submission of any ideas, suggestions, documents, and/or proposals to Blink Inc (“Feedback”) is at your own risk and that Blink Inc has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Blink Inc a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Company Properties.
Blink Inc improves and updates its Site, products, and Services often. We may change or discontinue the Site or any products or Services, at any time, with or without telling you in advance, including but not limiting to changing the descriptions, images, references, features, content, specifications, prices, and availability of any products or Services. Our current prices can be found on the Site or in Blink Inc retail locations. We make reasonable efforts to accurately display the features of our products, including the colors, but the actual color you see will depend on your computer system, and we do not guarantee that your computer will accurately display those colors. Just because products or Services show up on the Site at a particular time does not mean these products or Services will be available at all times.
We have the right not to provide products or Services to anyone. We also have the right to cancel any user’s right to access our Services at any time – it’s our choice. If you violate any of these Terms, if we discontinue any Services, if we are required to do so by law, or if we otherwise decide for any reason, we have the right to, immediately and without notice, suspend or terminate any Services to you.
If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Services, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to Blink Inc) that you have violated the Terms; (ii) discontinue your registration(s) with any Company Properties, including any scheduled photo shoots; (iii) notify and/or send any content or other information to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Company Properties, or obtained through our Services, including your Blinks, in our possession, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that any content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Blink Inc, our users or the public, and all enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate.
If your Account is terminated due to your violation of any portion of the Terms or for conduct otherwise inappropriate, then you agree that you will not attempt to re-register with or access Company Properties through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, we reserve the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
You agree that all terminations will be made in our sole discretion and that we will not be liable to you or any third-party for any termination of your Account or destruction or removal of any of your Blinks.
If you want to terminate the Services, you may do so by (a) notifying us at any time and (b) closing your Account. Your notice should be sent, in writing, to email@example.com.
Termination of any Service may include removal of access to such Service and barring of further use of the Service. Termination of all Services also may include deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your Blinks associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Blinks. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
You use the site, Services, AND LICENSED BLINKS at your own risk. The site, Services, AND LICENSED BLINKS are provided on an “as is” and “as available” basis. TO THE EXTENT THAT we are allowed to by law, Blink Inc and its officers, employees, directors, parents, subsidiaries and licensors (collectively, the “Blink Inc parties”) disclaim all warranties, conditions, and representations of any kind WITH RESPECT TO THE SITE, SERVICES, AND LICENSED BLINKS, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing, usage, or trade. That means that what you see is what you get and we are not promising that our SITE, Services, OR ANY BLINKS will meet yours or anyone else’s QUALITY STANDARDS, expectations, or requirements.
The Blink Inc parties make no representations, warranties, guarantees, or promises about the accuracy or completeness of THE LICENSED BLINKS OR OF anything available on or through our site or Services, the content of any websites or online services linked to or combined with the Site or Services, OR that YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
You understand and agree that any material or information downloaded or obtained through or from our Services is done at your own risk and that you alone will be responsible for any damage that happens from doing so. No advice or information, whether oral or written, obtained by you from Blink Inc or through its Services will create any warranty not specifically made in these Terms.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TO THE EXTENT THAT THE LAW ALLOWS US to LIMIT OUR LIABILITY, under no circumstances will the Blink Inc parties be liable to you or anyone else for any loss of data, BLINKS, profit, or revenue or indirect, special, incidental, punitive, exemplary, or consequential damages arising out of or in connection with the SITE, Services, OR LICENSED BLINKS, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages. That means that TO THE EXTENT allowed under the law, we won’t be responsible to you legally or financially for any of the types of damages listed above that a court could award you, no matter what. the Blink Inc parties will have no liability, that is we are not legally or financially OR OTHERWISE responsible for, any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Services; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption or delay in transmission to or from the Services; (e) any bugs, viruses, trojan horses, or anything similar which may be transmitted on or through the Services by any third party; (f) any loss or damage of any kind incurred as a result of using any content posted or shared through the site or Services; OR (G) FAILURE TO MAKE available to you ANY GIVEN BLINKS for licensing as licensed blinks, DUE TO THE LACK OF NECESSARY THIRD-PARTY RIGHTS CLEARANCES FOR SUCH BLINKS. UNDER NO CIRCUMSTANCES WILL the BLINK INC PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY BLINK INC AS A RESULT OF YOUR USE OF THE COMPANY PROPERTIES. IF YOU HAVE NOT PAID BLINK INC ANY AMOUNTS, THE BLINK INC PARTIES’ TOTAL AGGREGATE LIABILITY SHALL BE LIMITED ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICES, OR THE COMPANY PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLINK INC AND YOU. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
You agree to indemnify (and, if Blink Inc wants you to, defend) the Blink Inc Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to any actual or alleged breach of these Terms or violations of law by you or anyone using your Account. That means that you agree to pay any damages awarded by a court and pay for Blink Inc’s legal expenses, or hire the lawyers for Blink Inc at your expense, if Blink Inc gets sued because of your use or anyone else’s use of your Account in violation of these Terms or any applicable laws. Blink Inc has the right, at its own expense, to take over the defense and control of any case or claim that is part of the indemnification we just told you about. If we do take over the defense of any case or claim, you will reasonably cooperate with Blink Inc in the defense of it.
You hereby release the Blink Inc Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage or claims relating to (i) rights of publicity (including any allegedly improper or unauthorized use of your likeness or image), (ii) rights of privacy, (iii) presentation of an image in a false light (including any allegedly false or misleading portrayal of the photograph subject), (iv) copyright, trademark, or other intellectual property infringement or misappropriation, (v) defamation, libel, or slander, (vi) rights of attribution and integrity, (vii) artists’ rights, (viii) moral rights; or (ix) any other claimed violation of a personal right that is either directly or indirectly related to or arising from a Site or any Services, including but not limited to, any photo shoots, or third-party websites of any kind arising in connection with or as a result of your use of the Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
The Terms, and your rights and obligations hereunder, may not be assigned, delegated, or otherwise transferred by you, in whole or in part, by operation of law or otherwise, without Blink Inc’s prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. Notwithstanding the foregoing, if you have entered into these Terms on behalf of your company (rather than in your individual capacity), your company may assign these Terms, including but not limited to, the license to the Licensed Blinks, to a purchaser of all or substantially all of its stock or assets or to a successor entity in the event of a merger or other reorganization in which your company is not the surviving entity.
Under no circumstances will Blink Inc be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. That means if something that Blink Inc can’t control happens, like a strike or a hurricane, and it causes a delay or another problem with the Services, even if it is only part of the cause, Blink Inc will not be responsible to you, whether legally or financially or otherwise.
These Terms will be governed by and interpreted using the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action or lawsuit of any nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in San Francisco County, California. You consent and submit to the exclusive personal jurisdiction of these courts for the purposes of any such action.
If any part of these Terms ends up being found to be unlawful, void, or unenforceable, then that part of the Terms will be considered detachable from these Terms and will not affect the validity or enforceability of any other part of the Terms.
The failure of Blink Inc to enforce any right or part of these Terms will not prevent Blink Inc from enforcing that right or part of the Terms in the future.
You may not use, export, import, or transfer the Company Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Company Properties, and any other applicable laws. In particular, but without limitation, the Company Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Company Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Company Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Blink Inc are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any Blink Inc products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
This Site can be accessed from countries around the world and may contain references to Company Properties and content that are not available in your country. These references do not imply that Blink Inc intends to announce such Company Properties or content in your country. The Company Properties are controlled and offered by Blink Inc from its facilities in the United States of America. Blink Inc makes no representations that the Company Properties are appropriate or available for use in other locations. Those who access or use the Company Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
If you have any questions, notices, or complaints, please contact firstname.lastname@example.org.
The communications between you and Blink Inc use electronic means, whether you visit the Company Properties or send Blink Inc e-mails, or whether Blink Inc posts notices on the Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Blink Inc in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Blink Inc provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
In accordance with California Civil Code §1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If you have any complaints, please contact us at email@example.com first so that we may attempt to resolve your issue. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.