Last Updated: August 2016
- Use of the Services. Subject to the terms and conditions hereof, during the period these Terms are in effect we allow you to use the Services on a non-exclusive basis. Blinks may change, modify or update the Services at any time without prior notice to you including remove or change functionality. The use of our Services is free of charge and our goal is to continue providing you with our Services at no cost, however, we reserve our right to make changes in the future and to request payment from you for the use of the Services.
- Restrictions. You agree to use the Services solely for your own personal use, but you shall not, nor allow any third party, to reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Services to any third party. You shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or in any other way manipulate the Services; or (c) modify, frame, or create derivative works of the Services, or remove any copyright or other notices displayed by the Services. To the extent any of the restrictions set forth in this section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above. You must use the Services in accordance with all applicable law.
- User Content. "User Content" means, collectively, all content that you upload, share or transmit to, through or in connection with the Services, including any text, pictures, likes, comments and all other forms of data or communication. You are fully and solely responsible for any User Content you submit or post on or through the Services. We take no responsibility and assume no liability for any User Content that you or any other user or third party submits on or through the Services. You assume all risks associated with your User Content, including any disclosure by you of information in your User Content that makes you personally identifiable. By submitting User Content on or through the Services, you understand and agree that your User Content may be viewed and further shared by other Users of the Services. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You represent and warrant that the User Content complies with all applicable law, that you have all necessary rights to submit any such User Content or to use, display and distribute (and allow others to use, display and distribute) any User Content in connection with the Services and that User Content (or modifications you may make to such User Content) does not infringe or violate any third party intellectual property rights, privacy or publicity rights, or moral rights. Blinks has no obligation to accept, display, review or maintain any User Content. You hereby grant to Blinks, its affiliates, successors and service providers a perpetual, unlimited, nonexclusive, fully sublicenseable, transferable, irrevocable, fully paid and royalty-free, worldwide right and license to use, reproduce, delete, modify, adapt, publish, translate, display, perform, create derivative works from and/or sell and/or distribute the User Content that you make available on or by means of the Services or otherwise make available to us, in any media formats, for all purposes, throughout the world and without compensation. Blinks reserves the right, but not the obligation, to change, condense or remove any User Content from the Services for any reason or no reason. We may use your User Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements, blogs, and other works, creating derivative works from it. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content brought against us. Blinks does not guarantee that you will have any recourse to edit or delete any User Content.
- Feedback. We encourage Users’ feedback regarding our Services. Blinks may use all such feedback without restriction and shall not be subject to any non-use obligations in respect of such feedback.
- Representations and Warranties. You represent and warrant that you shall not use the Services to submit any User Content which: (a) contains material that is illegal, obscene, threatening, defamatory, racially or ethnically insensitive, harassing, threatening or otherwise offensive; (b) contains pornography or material that may be harmful to a minor; (c) contains material that violates or infringes the intellectual property, privacy rights, moral or contractual rights of any third party; (d) contains material that is not relevant to the Services; (e) contains or transfers software viruses, worm, Trojan horse, or other harmful or disruptive software or code ; (f) violates any applicable law, regulations and rules. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Notwithstanding the foregoing, by submitting User Content you further represent and warrant that: (i) you are the sole owner of the User Content; (ii) you are at least thirteen (13) years old and (iii) the User Content you submit does not violate these Terms.
- Intellectual Property. Blinks and its licensors own the Services, including all worldwide intellectual property rights in the Services and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Blinks or any third party. You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, site search or retrieval services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (d) harvest, collect or mine information about Users of the Services; or (e) use or access another User account or password. Nothing in these Terms grants you any right to use any Blinks’s asset or any third party’s asset.
- DMCA Notice. The policy of Blinks is not to infringe or violate the intellectual property rights or other rights of any third party, and Blinks will remove material appearing on the Services that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Blinks will remove any User Content if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Blinks is to terminate the account of repeat infringers in appropriate circumstances. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting http://www.blink-s.com. Blinks accepts no responsibility or liability for the content of any site included in any User Content, or otherwise linked to by the Services, or for the User’s use of such User Content. Blinks reserves the right to remove any User Content without prior notice to you, any other user, or any third party.
- Indemnification. Users will defend, indemnify and hold harmless Blinks from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which Blinks may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any (a) breach of these Terms by User or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Services, including any message or User Content you transmit through the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party.
- Disclaimer. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLINKS MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OBTAINED BY YOU FROM THE SERVICES, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SERVICES ARE LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE UPLOADING OF USER CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES' WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. BLINKS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM OTHER USERS’ ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR USER CONTENT, IDENTITY OR PERSONAL INFORMATION. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
- Limitation of Liability. Under no circumstances will Blinks be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Services; (b) the User Content; (c) your use of, inability to use, or the performance of the Services; (d) any action taken in connection with an investigation by Blinks or law enforcement authorities regarding your or any other party's use of the Services; (e) any action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Services’ operation; or (g) any damage to any User's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Blinks has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Services). In no event will Blinks be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will Blinks’s total liability to you for all damages, losses or causes or action exceed one hundred United States dollars. Blinks is not responsible for the actions, content, information, or data of third parties including but not limited to the other Users, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
- Term. The term of this agreement will commence on the date User accepts these Terms and will continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate this agreement with advance written notice of 7 days, provided, however, that Blinks may terminate these Terms and all rights granted hereunder without notice if it has a reasonable belief that a User is using the Services in violation of these Terms or any applicable law, rule or regulation. Sections 2– 15 will survive the termination or expiration of these Terms for any reason.
- Miscellaneous. We may provide any required notices to the email address, fax number or by first class mail to other contact information you provided upon registration with Blinks. Notices sent by email will be deemed received when they are sent by us. Notices sent by fax will be deemed received upon the confirmation of receipt thereof. Notices sent by first class mail will be deemed received 10 days after sent by us. Blinks and Users are and intend to remain independent parties. Nothing contained in these Terms will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party will hold itself out as an agent, partner or employee of the other. Neither party will have any right to bind the other party. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties regarding the subject matter hereof. A waiver of any defaults hereunder or of any of the terms and conditions of these Terms will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition. Blinks may assign its rights or obligations pursuant to these Terms. User agrees not to assign any rights under these Terms; any attempted assignment will be null and void. If any provision of these Terms will be deemed invalid or unenforceable by a court of competent jurisdiction, such provision will be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability will not affect the validity or enforceability of any other part or provision of these Terms which will remain in full force and effect. These Terms will be governed by the laws of Israel without reference to its conflict of law provisions, and the competent courts in Tel Aviv-Yaffo will have exclusive jurisdiction to hear any disputes arising hereunder.