Terms of Use

This Terms of Use and End User License Agreement (“Terms of Use”) constitute a binding legal contract between you and Blink Interactive, Inc. (“Company”) and govern your use of the skill, app and related websites, applications and services provided by Company and on/in which this Terms of Use are posted or referenced (collectively, the “Application”). PLEASE READ THIS TERMS OF USE CAREFULLY. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APPLICATION. When the Terms of Use are changed, Company will notify you in accordance with the below “Electronic Contracting and Notices” section. The most current version of this Terms of Use can be accessed at any time by selecting the Terms of Use link on any screen in the Application. If you are using the Application on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” in Section M. below.

  • A. IMPORTANT INFORMATION ABOUT YOUR USE OF THE APPLICATION
  • It is your responsibility to verify all information directly. Use of this application acknowledges that any loss or damage of any kind that occurs as a result of the use of this applications, messages, or content are solely your responsibility.

  • B. ACCEPTABLE USE
  • You agree not to access or use the Application in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes Company’s policies. If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Application (“Submissions”), you agree not to provide any Submissions that include (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works therefrom and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation to (i) maintain any Submissions in confidence; (ii) to pay you any compensation for Submissions; or (iii) to respond to any Submissions. For the avoidance of doubt, any PHI provided by you pursuant to your use of the Application is and shall not be considered a Submission.

    You shall not attempt to disrupt the operation of the Application through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Application in any manner that could damage, disable or impair Company’s services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Application for any purpose. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

  • C. OPERATION AND RECORD RETENTION
  • Company reserves complete and sole discretion with respect to the operation of the Application. Company may, among other things withdraw, suspend or discontinue any functionality or feature of the Application. Company is responsible for maintaining data arising from use of the Application in accordance with this Terms of Use. Company reserves the right to maintain, delete or destroy all data pursuant to its internal record retention and/or destruction policies.

  • D. LINKS
  • Areas of the Application may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.

  • E. INTELLECTUAL PROPERTY
  • All of the content available on or through the Application, including without limitation the files, documents, text, photographs, images, audio and software, and any materials accessed through or made available for use or download through the Application (collectively, “Content”) is the property of Company or our licensors, suppliers or providers and is protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you (a) a personal, limited, revocable, non-transferable and non-exclusive right and license to use the Content available on the Application solely insofar as it may facilitate your access and use of the Application, and (b) permission to display, download, store and print the Content contained on the Application only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Application. Any copy made of information obtained through the Application must include the copyright notice.

    All Company trade and service names are trademarks of Company or its affiliates. All other brands and names are the property of their respective owners. Nothing contained in the Application should be construed as granting any license or right to use any trademark displayed on the Application without the express written permission of Company or such third-party that may own the trademark.

    The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Application or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Application; (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Application to any third party; or (c) frame or utilize framing techniques to enclose, or deep link to, any name, trademark, service marks, logo, Content or other proprietary information of Company.

  • F. DISCLAIMERS
  • ACCESS TO THE APPLICATION AND THE INFORMATION CONTAINED ON THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE APPLICATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, TIMELINESS, RELIABILITY, SUITABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE APPLICATION OR ANY OF THE INFORMATION CONTAINED THEREON. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

    YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO COMPANY AND THE APPLICATION OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE APPLICATION CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET.

    THE ABOVE DISCLAIMER IS MADE SOLELY WITH RESPECT TO THE APPLICATION AND THE CONTENT MADE AVAILABLE THEREON. THE ABOVE DISCLAIMER DOES NOT PURPORT TO DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR MEDICAL ADVICE DISPENSED BY ANY PARTICULAR HEALTH CARE PROVIDER TO YOU.

  • G. LIMITATIONS OF LIABILITY
  • IN THE EVENT OF ANY PROBLEM WITH THE APPLICATION OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APPLICATION. UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ANY OF ITS LICENSORS, SUPPLIERS OR PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF THE APPLICATION OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES.

    UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS LICENSORS, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU HEREBY RELEASE AND HOLD COMPANY AND ITS LICENSORS AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

  • H. TERMINATION
  • Company may suspend or terminate your access to the Application at any time, for any reason or for no reason at all. Company has the right (but not the obligation) to refuse to provide access to the Application to any person, agency or organization, or to prohibit any person, agency or organization from using the Application, at any time, for any reason or for no reason at all, in our sole discretion.

  • I. INDEMNIFICATION
  • Without limiting the generality or effect of other provisions of this Terms of Use, as a condition of use, you agree to indemnify, hold harmless, and defend Company and its licensors, suppliers and providers and their respective parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (a) your use of the Application; (b) your failure to comply with any applicable laws and regulations; and (c) your breach of any of your obligations set forth in this Terms of Use. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

  • J. ELECTRONIC CONTRACTING AND NOTICES
  • You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, “Notices”). We can send you electronic Notices (a) to the e-mail address that you provided to us during registration, or (b) by posting the Notice on the Application or otherwise through the site. The delivery of any Notice from us is effective when sent or posted by us, regardless of whether you read the Notice when you receive it or when posted or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Application.

  • K. MISCELLANEOUS
  • This Terms of Use shall be governed by the laws of the State of Washington without regard to the rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Terms of Use. You hereby consent to the exclusive jurisdiction of the courts of the State of Washington for the resolution of any dispute based upon or relating to this Terms of Use. This Terms of Use constitutes the sole agreement between you and Company relating to your use and our provision of the Application and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Terms of Use shall bind either you or Company. Any of the terms of this Terms of Use which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Terms of Use or affecting the validity or enforceability of the Terms of Use as a whole. Failure to insist on performance of any of the terms of the Terms of Use will not operate as a waiver of any subsequent default. No waiver by Company of any right under this Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part and any attempted assignment in contravention of this provision shall be void. This Terms of Use shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns.

    A printed version of this Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  • L. BINDING ARBITRATION
  • This Terms of Use require that all disputes between you and Company will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under this Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action.

  • M. NOTICE REGARDING APPLE
  • Notwithstanding anything to the contrary herein, the terms of this Section M. govern your acquisition and use of the Application.

    Third Party Accounts. In order to download the Application, you may be required by the third party who is distributing or providing you access to the Application, such as Apple, Inc. (each, a “Distributor”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Company is not responsible for any act or omission of any Distributor.

    License to the Application. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Terms of Use (including without limitation payment of any applicable fees and compliance with all license restrictions), Company grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Application downloaded directly from Company or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control; and (2) permission to access and use the service, only for your personal use, and solely through the use of a licensed copy of the Application. You may not reproduce, distribute, publicly display, or publicly perform the Application or any part of the service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Application, or make or attempt to make any modification to or derivative work of the Application; or (b) interfere with or circumvent any feature of the Application, including without limitation any security or access control mechanism. You may not use the Application or the service for any purpose other than a purpose for which the Application and the service are expressly designed. The term Application, as used herein, includes any update or modification to the Application made available to you by Company (unless provided with separate terms). If you are prohibited under applicable law from using the Application or the service, you may not use them.

    Access to the Application; Third Party Fees. Company does not provide you with the equipment to use the Application. You are responsible for all fees charged by third parties to access and use the Application (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier). Accordingly, you should use care in selecting a service plan offered by your carrier. If your device is lost or stolen, you must notify Company immediately to suspend services.

    Special Terms Regarding Apple. If you download software from Apple, Inc.’s Application Store, your use of the software must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. Application Store Terms of Service, and you acknowledge that this Terms of Use is between you and Company only, not with Apple. Apple is not responsible for the Application and the content thereof. This Terms of Use is not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the Application Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Terms of Use, and upon your acceptance of this Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary of this Terms of Use. You hereby 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.

  • N. PRIVACY POLICY
  • Please also consult our Privacy Policy for a description of our privacy policies.