Terms of Service
By using any of the services of BLINQ (BLINQ, “we” or “us”) available at WWW.JOINBLINQ.COM or on the iPhone application “BLINQ – Hi or Bye”, you agree to be bound by the following terms and conditions (“Terms of Service”).
BLINQ reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: WWW.JOINBLINQ.COM/TERMS.
The failure of BLINQ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Violation of any of the terms below can result in the termination of your account or access to the services. Violation of any of the terms will also terminate your usage rights of the services.
If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: the validity or enforceability in that jurisdiction of any other provision of this agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
These Terms of Service constitute the entire agreement between you and BLINQ und replace all previous agreements under this title. There are no verbal subsidiary agreements.
These Terms of Service, and your relationship with BLINQ under these Terms of Service, shall be governed by the laws of Switzerland.
You and BLINQ agree to submit to the exclusive jurisdiction of the courts located in Zurich, Switzerland, to resolve any legal matter arising from the Terms of Service.
2. Who may use BLINQ
You must be at least 13 years old to use BLINQ. By using BLINQ, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use BLINQ, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
3. Use of the Services by you
You grant BLINQ and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of BLINQ permission to view your content for their personal, non-commercial purposes. If you make suggestions to BLINQ on improving or adding new features to BLINQ, BLINQ shall have the right to use your suggestions without any compensation to you.
You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
To use BLINQ you have to login with your personal Facebook account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password. Accounts registered by bots or other automated methods are not permitted.
By allowing us to access your Facebook account, you expressly acknowledge and agree that we obtain and share your name, age, pictures, schools, interests and places. Additionally we may obtain and share the name and profile picture of your Facebook friends.
You are responsible to not upload any abusive pictures, to not infringe on any copyrights or trademarks, and to not use a design which other BLINQ users may deem offensive.
You agree that you will only use your personal Facebook account and will not impersonate another person.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by BLINQ.
BLINQ reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or account from any of the Services at BLINQ’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that BLINQ has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which BLINQ may suffer) of any such breach.
4. Provision of the Services by BLINQ
BLINQ grants you a limited, non-exclusive license to access and use BLINQ for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.
Technical support is provided on a best-effort basis and only by e-mail.
You understand that BLINQ can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
BLINQ may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at BLINQ’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.
5. Disclaimers and Limitation of Liability
BLINQ does not warrant that:
- the Services will meet your requirements or expectations;
- the Services will be delivered uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Services will be accurate or reliable,
- any errors in the Services will be corrected.
You are solely responsible for your interactions with other BLINQ users. You understand that BLINQ does not conduct any criminal background checks on its users. BLINQ makes no representation or warranties as to the conduct of users or their compatibility with any current or future user. BLINQ reserves the right to conduct any criminal background checks or other screenings at any time and using available public records.
You understand and agree that BLINQ shall not be liable for any direct, indirect, incidental, special, consequential, compensatory or exemplary damages, including but not limited to emotional distress, bodily injury, death or other damages, resulting from:
- the use or the inability to use the Services;
- any changes which BLINQ may make to the Services, or any permanent or temporary cessation in the provision of the Services;
- unauthorized access to or alteration of your transmissions or data;
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services;
- or any other matter relating to the Services.
You agree to take reasonable precautions in all interactions with other users of the service, particularly if you decide to meet offline or in person.
6. Code of Conduct and Prohibited Activities
In using BLINQ, you must behave in a civil and respectful manner at all times. Further, you will not:
- Harass or stalk any other person;
- Harm or exploit minors;
- Act in a deceptive manner by, among other things, impersonating any person;
- Collect information about others;
- You will not express or imply that any statements you make are endorsed by BLINQ without our specific prior written consent.
- You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or 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 Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
BLINQ has the right, but not the obligation, to monitor all conduct on and content submitted to BLINQ.
7. Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to BLINQ or to any other user. If information provided to BLINQ, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- contains sexually explicit content;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
8. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that:
- (i) you have the right to submit the content to BLINQ and grant the licenses set forth above;
- (ii) BLINQ will not need to obtain licenses from any third party or pay royalties to any third party;
- (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
- (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless BLINQ and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
- (i) arise from your activities on BLINQ;
- (ii) assert a violation by you of any term of this Agreement; or
- (iii) assert that any content you submitted to BLINQ violates any law or infringes any third party right, including any intellectual property or privacy right.