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.
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.
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.
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.
BLINQ does not warrant that:
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:
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.
In using BLINQ, you must behave in a civil and respectful manner at all times. Further, you will not:
BLINQ has the right, but not the obligation, to monitor all conduct on and content submitted to BLINQ.
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"):
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.
For each piece of content that you submit, you represent and warrant that:
You will indemnify, defend, and hold harmless BLINQ and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
Zürich, July 2013