Terms & Conditions
 

This Terms of Use and Service Agreement (this "Agreement") is made as of this day by and between you and Buongiorno USA, Inc., a Florida corporation d/b/a Blinko Gold ("Blinko"). This Agreement sets forth the terms and conditions that apply to your access to and use of www.Blinkogold.com ("Blinkogold.com") and the Services (as defined below). Please read this Agreement and Blinko Gold‘s Privacy Policy (the " Privacy Policy ") carefully prior to your access to and/or use of Blinkogold.com or your registration for or use of a Service.
By submitting information to Blinko Gold, either by visiting or using Blinkogold.com or registering for or using a Service, you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy, including any changes or revisions which Blinko Gold, in its sole discretion, may make to this Agreement and/or Blinko Gold‘s Privacy Policy from time to time. Additionally, if you register for or use a specific Service offered by Blinko Gold, such as Blinko Gold‘s chat service (the "Chat Service") you also agree to be bound by the terms and conditions of any specific rules ("Rules") for such Service as provided directly to you or posted on Blinkogold.com, including any changes or revisions which Blinko Gold, in its sole discretion, may make to such Rules from time to time. If you do not agree with the terms and conditions of this Agreement, Blinko Gold‘s Privacy Policy and any applicable Rules, you are not authorized to access or use Blinkogold.com or register for or use any Service, and your sole remedy is to stop accessing and using Blinkogold.com and the Services.



YOUR COMPLIANCE WITH THIS AGREEMENT

You represent that you are of legal age to agree to the terms and conditions set forth in this Agreement, or you are at least 18 years of age and have your parent's or legal guardian's permission to access and use Blinkogold.com and to register for, purchase and/or use the Services. Additionally, some Services, such as the Chat Service, are not intended to be used by, and are not directed to, anyone under 18 years of age. If you register for, purchase and/or use the Chat Service, you represent you are at least 18 years of age. You represent that if you are acting on behalf of an entity, you have the authority to bind such entity. You also represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of Blinkogold.com and the Services is limited to users in the United States. However, recognizing the global nature of the Internet and the use of mobile devices, it may be possible to access and/or use Blinkogold.com and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that Blinko Gold makes no representation or warranty that Blinkogold.com, any of the Services, or any information on Blinkogold.com or transmitted via a Service is lawful in any jurisdiction outside the United States. In order to determine your compliance with this Agreement, the Privacy Policy and any applicable Rules, Blinko Gold reserves the right, but not the obligation, to monitor your access to and use of Blinkogold.com and the Services.



THE SERVICES

Subject to the terms of this Agreement, the Privacy Policy, any applicable Rules, and your registration for a Service, Blinko Gold may provide you with access to a mobile content delivery service (each, a "Service") that allows you to download to your compatible mobile device various mobile entertainment content, such as polyphonic ringtones, realtones (master ringtones), wallpapers, personalized wallpapers, games, graphics, horoscopes, data, news, information posted, sent, transmitted or received via the Chat Service and other information (collectively, the "Content") via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery.



YOUR ACCESS TO AND USE OF BLINKOGOLD.COM AND THE SERVICES

Your right to access and use Blinkogold.com and the Services is strictly limited to your personal, non-commercial use on the mobile device designated at the time of your registration with Blinko Gold, and this right is not transferable by you to any other person or entity. You are only entitled to access and use Blinkogold.com and the Services for lawful purposes and pursuant to the terms and conditions of this Agreement, Blinko Gold‘s Privacy Policy and any applicable Rules.
Your access to and use of Blinkogold.com and the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Blinkogold.com or a Service or other actions that Blinko Gold, in its sole discretion, may elect to take. Blinko Gold reserves the right to suspend or discontinue the availability of Blinkogold.com and/or any portion or feature of Blinkogold.com or any Service at any time in its sole discretion and without prior notice.
You shall not, and you shall not attempt to or otherwise authorize, encourage or support a third party's attempts to, transmit, broadcast, upload to any computer or mobile device (other than the mobile device designated at the time of your registration), create derivative works of, or make commercial use of the Content or Services in any manner. You shall also not, and you shall not attempt to or otherwise authorize, encourage or support a third party's attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Services in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content or Service. You shall not metatag, provide links to or frame Blinkogold.com without the prior express written permission of Blinko.
You shall not be permitted to do any of the following, as determined by Blinko Gold, in its sole discretion, each of which may result in your loss of the right to access and use Blinkogold.com and the Services (i) violate the terms and conditions of this Agreement, Blinko Gold‘s Privacy Policy or any applicable Rule, (ii) restrict, inhibit or prevent any access to, use or enjoyment of Blinkogold.com or any Service, or (iii) through the use of Blinkogold.com or any Service, defame, abuse, harass, offend or threaten.



REGISTRATION

•  Access to the Services. There are various requirements that you must meet before Blinko Gold can provide you with and continue to provide you with a Service. At a minimum:

  1. You must have an mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Blinko Gold makes the Service available.
  2. You must pay all service and other fees associated with such mobile communications access (for instance, all standard messaging fees charged by your mobile service provider).
  3. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a compatible mobile device that is in working order and suitable for use, as determined in Blinko Gold‘s sole discretion, in connection with the Service.
  4. You must register as a user for certain Services or sign-up for certain Services (for example, by signing-up via SMS) as determined by Blinko Gold at its sole discretion

•  Registration Data. If you register for a Service, you shall (i) provide true, accurate and complete information ("Registration Data"), (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and (iii) not assign your Account (as defined below), or rights associated with your Account, to another person or entity. Blinko Gold, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the Services, and Blinko Gold may choose to limit your Registration Data to a mobile telephone number. As a result of your registration, and based on the Registration Data you provide, Blinko Gold may establish a Blinko Gold account for you (the "Account").
If Blinko Gold believes that your Registration Data is untrue, inaccurate or incomplete, Blinko Gold reserves the right to suspend or terminate any Service then being provided to you, as well as your Account, and Blinko Gold may refuse to provide you with any future use of the Services (or any portion thereof). You acknowledge and agree that Blinko Gold may rely on the Registration Data to send you important information and notices regarding your Account and the Services, as further set forth in the Privacy Policy. Blinko Gold shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your Account. Neither Blinko Gold nor any of its third party providers shall be responsible for verifying your Registration Data.
•  Username and Password. If you register for a Service, and Blinko Gold sets up an Account for you, you may be required to obtain a username and password. The username and password will allow you to view and manage your Account. You acknowledge and agree that Blinko Gold may process all Account transactions, including, without limitation, registration for additional Services that are initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify Blinko Gold of any unauthorized use of your username and password. Notwithstanding the foregoing notification to Blinko Gold, you acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities incurred by you as a result of the use of your username and password, and that in no event shall Blinko Gold be liable for any unauthorized use or misuse of your username and/or password. Blinko Gold may need to change usernames allocated to certain of its Services and reserves the right to make such changes. If necessary to continue your use of a Service, you will be notified of such a change by Blinko Gold.
•  Access without Registration. Blinko Gold may provide you access to certain Services without requiring you to register, in which case Blinko Gold, in its sole discretion, shall determine what Services and what level of access and use shall be appropriate.



DOWNLOADS

Any downloads made available to you as part of any Service (the "Downloads") are owned by Blinko Gold, its affiliates or licensors and are protected by applicable intellectual property laws. If you are registered for Services allowing Downloads, Blinko Gold grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Downloads and the related Service on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Downloads or the related Service except as expressly provided for in this Agreement.



TRANSMISSIONS, SUBMISSIONS AND POSTINGS

You represent and warrant to Blinko Gold that you own all of the rights in and for, or that you have a valid license to transmit, submit or post, any and all information that you transmit, submit or post to Blinkogold.com or through a Service. If you transmit, submit or post information to Blinkogold.com or through a Service, that is not copyrighted and/or trademarked, you automatically grant Blinko Gold and its affiliates the worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever. Provided that you have obtained prior written permission from Blinko Gold to transmit, submit or post information to Blinkogold.com or through a Service that is copyrighted and/or trademarked, you automatically grant Blinko Gold and its affiliates the worldwide, fully-paid, royalty-free right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever.
You shall not transmit, submit or post the following to Blinkogold.com or through a Service:

  • Information that infringes Blinko Gold‘s or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Blinko Gold or third parties or that infringes on Blinko Gold‘s or any third party's rights of publicity or privacy;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of "spam";
  • Information that is false, inaccurate or misleading;
  • Commercial advertisements or solicitations without prior written permission from Blinko; or
  • Copyrighted and/or trademarked information without prior written permission from Blinko Gold.

Although Blinko Gold does not regularly review your transmissions, submissions or postings, Blinko Gold reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to the Privacy Policy, Blinko Gold may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.



FEES

Information about the Blinko Gold fees (the "Fees") for each Service for which you register are provided to you when you register for a Service. These Fees are also available to you on Blinkogold.com under your Account information. Unless otherwise indicated, the Fees will be invoiced on your mobile service provider's bill, and you agree to pay your mobile service provider all applicable Fees. The Fees shall be due immediately and are non-refundable, unless otherwise indicated to you in writing by Blinko Gold. All Fees are subject to change and Blinko Gold will provide you with reasonable notice of such change in Fees prior to the new Fees taking effect. Upon receipt of Blinko Gold‘s notice of a change in Fees, you may cancel your Account with Blinko Gold at the end of your then-current subscription period if you do not accept the new Fees. Continuation of a Service after notice of a change in Fees will constitute your agreement to the new Fees. Msg&Data Rates May Apply: Standard mobile provider text charges will apply for all incoming and outgoing text messages during the download or subscription process. Additional charges for premium messages and content apply. In addition, your mobile provider will charge you data transmission charges when browsing the web or downloading on your phone. These charges are based on your current mobile provider’s messaging plan. Please consult your mobile provider for details. There is no guarantee that messages will be received, and we are not responsible for lost or misdirected messages. Most text messages are limited to 160 characters. Please review your agreement with your mobile service provider or contact your mobile service provider for more details.
Blinko Gold‘s Club Service is a monthly subscription service available for Sprint and Virgin customers only at $9.99/month. Club Service customers receive up to 7 credits/month for ringtones, graphics, videos or games, (Alltel, Boost and clearWave customers can not subscribe to Club, but can subscribe to any SMS Mania alert service for $3.99 per month). Blinko Gold‘s text services ("Text Services"), which includes horoscopes, data, news, information posted, sent, transmitted or received via the Chat Service, is available for Alltel, Boost and clearWave customers only for $3.99/month per Text Service. An Internet enabled mobile device which supports mobile content is required for all Blinko Gold services, and a realtone compatible mobile device is required to receive realtones. If you are not sure if you have an Internet enabled and compatible mobile device, please click here .



INTERRUPTION OR DISCONTINUATION OF THE SERVICES

Blinko Gold reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Services, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you are registered is permanently discontinued or canceled by Blinko Gold, Blinko Gold will cancel your registration and reimburse any pre-paid Fees related to such canceled Service.



TERMINATION OR CANCELLATION OF A SERVICE

To cancel your subscription Services, please:

  • send a text message with the text "END", "CANCEL", "QUIT", "STOP" or "UNSUBSCRIBE" to the short code for any of your Services (e.g. 42222 or 82428); or
  • contact customer service by clicking here.

Termination shall become effective at the end of the billing period in which you give your notice of termination.
You agree that Blinko Gold, at its sole discretion, may immediately terminate your use of any Service, or any part thereof, and/or change any Content or Service, if you breach this Agreement, the Privacy Policy or any applicable Rules or if Blinko Gold reasonably believes that you have violated or acted inconsistently with this Agreement the Privacy Policy or any applicable Rules. Upon termination, Blinko Gold may immediately deactivate or delete your Account and all related information and files in your Account, and may bar any further access to such Account or Services by you. Blinko Gold reserves the right not to refund any Fees you have paid if your Account or a Service is cancelled as a result of your breach of this Agreement, the Privacy Policy or any applicable Rules.



INTELLECTUAL PROPERTY RIGHTS

The names "Buongiorno USA, Inc.", "Buongiorno USA", "Blinko", "Blinkogold.com", other URL and website domain names owned and/or operated by Blinko Gold, and Blinko Gold‘s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of Blinko Gold or its affiliates, in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission of Blinko Gold, which permission may be withheld in Blinko Gold‘s sole discretion. Blinko Gold makes no proprietary claim to any third-party names, trademarks or service marks appearing on Blinkogold.com or any other Blinko Gold owned and/or operated website. Any third-party names, trademarks, and service marks are property of their respective owners.
The Content, Downloads, software and other data and information viewable on, contained in, or downloadable from Blinkogold.com or through a Service and the Proprietary Marks and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with any Service (collectively, the "Intellectual Property"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, Blinko Gold or its Content suppliers. Blinko Gold also owns a copyright in a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Intellectual Property (the "Collective Work"). All software used for Blinkogold.com and the Services (the "Software") are the property of Blinko Gold or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Intellectual Property and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Intellectual Property, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of Blinko Gold‘s or any third party's intellectual property rights regarding the Proprietary Marks, the Intellectual Property, the Collective Work, the Software and/or any other harm incurred by Blinko Gold, its affiliates or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.



YOUR USE OF THE CONTENT AND COLLECTIVE WORK

Without the prior written consent of Blinko Gold, you may only print, download or otherwise use the Intellectual Property and the Collective Work in the form of (i) one machine-readable copy, (ii) one backup copy, and (iii) one print copy, for your non-commercial use. You shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Intellectual Property and the Collective Work. You may not modify the Intellectual Property or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Intellectual Property and the Collective Work, or transfer the Intellectual Property or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than your personal, non-commercial use of the Intellectual Property and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Blinko Gold, which permission may be withheld in Blinko Gold‘s sole discretion.
You agree to comply with all applicable United States and foreign rules, regulations, and laws relating to the importation and exportation of technical data associated with Blinkogold.com and the Services.



INTERFERENCE WITH BLINKOGOLD.COM OR THE SERVICES

Blinkogold.com contains robot exclusion headers. Much of the information on Blinkogold.com is updated on a real time basis and is proprietary or is licensed to Blinko Gold by Blinko Gold‘s users or third parties. You agree that you will not use any robot, spider, scraper, deep link or other similar automated device, program, algorithm or methodology to access, acquire, copy or monitor Blinkogold.com or any portion of Blinkogold.com or for any other purpose, without Blinko Gold‘s express written permission. Additionally, you agree that you will not (i) take any action that imposes, or may impose in Blinko Gold‘s sole discretion an unreasonable or disproportionately large load on Blinko Gold‘s infrastructure, (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Intellectual Property (except the information which makes up your Registration Data) from Blinkogold.com without the prior written permission of Blinko Gold and the appropriate third party, as applicable, (iii) interfere or attempt to interfere with the proper working of Blinkogold.com or any Service, or (iv) bypass Blinko Gold‘s robot exclusion headers or other measures Blinko Gold may use to prevent or restrict access to or use of Blinkogold.com or any Service



ELECTRONIC COMMUNICATIONS

By accessing and using Blinkogold.com or registering for or using a Service, you consent to receive communications from Blinko Gold electronically. Although Blinko Gold may choose to communicate with you by other means as provided in your Registration Data, Blinko Gold may also choose to solely communicate with you electronically by email, text messaging, SMS, MMS, WAP, BREW and other means of mobile content delivery, or by posting notices on Blinkogold.com. You agree that all agreements, notices, disclosures and other communications that Blinko Gold sends to you electronically satisfy any legal requirement that such communications be in writing.



YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS

You are responsible for obtaining, maintaining and paying for all third party costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use Blinkogold.com and/or the Services. You shall ensure that your equipment and/or software necessary to access and use Blinkogold.com and the Services does not disturb or interfere with Blinko Gold‘s operations or the Services. Blinko Gold reserves the right, without prior notice to you, to immediately disconnect your access to and use of Blinkogold.com or a Service if your equipment or software is causing interference with Blinko Gold, Blinkogold.com and/or the Services. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Blinko Gold, any new or additional features that augment or enhance a current Service, including the release of new products and Services, shall be subject to the terms and conditions of this Agreement. Blinko Gold shall not be responsible for any interference or damage caused to your equipment and/or software as a result of your access to or use of Blinkogold.com or the Services.



THIRD PARTY LINKS, PRODUCTS AND SERVICES

There may be provided on Blinkogold.com links to other websites belonging to Blinko Gold‘s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Blinko Gold of those websites, nor the products or services listed on those websites. Blinko Gold is not responsible for the activities or policies of those websites. Blinko Gold may also make available products and services of such advertisers, business partners, affiliates and other third parties directly on Blinkogold.com, which products or services shall be purchased and/or obtained by you directly from such advertisers, business partners, affiliates and other third parties. You acknowledge and agree that Blinko Gold shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and other third parties



DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, BLINKO GOLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS TO THE OPERATION OF BLINKOGOLD.COM OR THE SERVICES OR WITH RESPECT TO THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES.
THE CONTENT AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. BLINKO GOLD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF BLINKOGOLD.COM OR THE SERVICES OR WITH RESPECT TO THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF BLINKOGOLD.COM, THE SERVICES, CONTENT, INTELLECTUAL PROPERTY AND ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES. BLINKO GOLD MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT BLINKOGOLD.COM, THE SERVICES OR CONTENT AND ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF BLINKOGOLD.COM, THE SERVICES, CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES IS AT YOUR SOLE RISK.
Some state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.



LIMITATIONS OF LIABILITY

IN NO EVENT SHALL BLINKO GOLD BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE PRIVACY POLICY, ANY APPLICABLE RULES OR ANY LAWS; (II) YOUR ACCESS OR USE OF BLINKOGOLD.COM OR A SERVICE; (III) ANY THIRD PARTY'S ACCESS OR USE OF BLINKOGOLD.COM OR A SERVICE UNDER ANY USERNAME AND PASSWORD ISSUED TO YOU; (IV) YOUR INABILITY TO ACCESS OR USE BLINKOGOLD.COM OR A SERVICE FOR ANY REASON AND FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY OF THE CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES; (VI) YOUR RELIANCE UPON OR USE OF BLINKOGOLD.COM, THE SERVICES, CONTENT, INTELLECTUAL PROPERTY, COLLECTIVE WORK OR ANY OTHER INFORMATION, MATERIALS OR PRODUCTS AVAILABLE IN CONNECTION WITH BLINKOGOLD.COM OR THE SERVICES, (VII) THE BREACH OF BLINKO GOLD‘S SECURITY AND UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF BLINKO GOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLINKO GOLD‘S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO BLINKO GOLD FOR USE OF THE SERVICES.
Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.



YOUR INDEMNIFICATION OF BLINKO

You shall defend, indemnify and hold harmless Blinko Gold and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to (i) any breach or violation of this Agreement, the Privacy Policy or any applicable Rules or law by you, (ii) your failure to provide accurate, complete and current Registration Data, (iii) your access, use and/or misuse of Blinkogold.com or a Service, and (iv) any third party's access, use and/or misuse of Blinkogold.com or a Service under any username and password issued to you.



AMENDMENTS TO THIS AGREEMENT, THE PRIVACY POLICY AND APPLICABLE RULES

Blinko Gold reserves the right, at its sole discretion, to update, amend and/or change this Agreement, the Privacy Policy and any applicable Rules without prior notice and at any time. Updates to this Agreement will be posted here, and updates to the Privacy Policy and any applicable Rules will be posted where applicable on Blinkogold.com. You are encouraged to revisit this Agreement, the Privacy Policy and any applicable Rules from time to time in order to review any changes that have been made. Your continued access and use of Blinkogold.com and any Services following the posting of any such changes shall automatically be deemed your acceptance of such changes. Blinko Gold‘s last update to this Agreement was made and posted on April 28, 2006



INJUNCTIVE RELIEF

You acknowledge that Blinko Gold may be irreparably damaged if this Agreement, the Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you, Blinko Gold shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement, the Privacy Policy or any applicable Rules. For purposes of this section, you agree that any action or proceeding with regard to an injunction shall be brought in the state courts of record for Miami-Dade County, Florida, or the United States District Court, Southern District of Florida. You herby consent to the jurisdiction of such court and waive any objection to the laying of venue for such action or proceeding in Miami-Dade County, Florida. You also agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.



GOVERNING LAW, VENUE AND JURSIDICTION; ARBITRATION

This Agreement, the Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, the Privacy Policy or any applicable Rules, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Miami-Dade County, Florida. You and Blinko Gold shall select the arbitrator, and if you and Blinko Gold are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then Blinko Gold shall select the arbitrator. Arbitration shall not commence until the party requesting arbitration has deposited One Thousand Dollars ($1,000) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Blinko Gold and your and Blinko Gold‘s respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for Miami-Dade County, Florida or the United States District Court, Southern District of Florida. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement, the Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and/or for Miami-Dade County, Florida, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.



COPYRIGHT INFRINGEMENT NOTICE

Notifications (each, a "Notification") of claimed copyright infringement appearing on Blinkogold.com or any other Blinko Gold owned and/or operated website should be sent to Blinko Gold‘s designated agent. Blinko Gold‘s designated agent contact information is set forth below:
Address of Designated Agent to Which Notification Should be Sent:
Attn: Blinko Gold Customer Service
485 Alberto Way, Suite 210
Los Gatos, CA 95032
Facsimile Number of Designated Agent: 786-513-0967
Email Address of Designated Agent: click here
Pursuant to Title 17, United States Code, Section 512(c)(2), to be effective, the Notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blinko Gold to locate the material;
  • Information reasonably sufficient to permit Blinko Gold to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512(c)(2):

  • Blinko Gold will remove or disable access to the material that is alleged to be infringing;
  • Blinko Gold will forward the written Notification to the alleged infringer ("Subscriber"); and
  • Blinko Gold will take reasonable steps to promptly notify the Subscriber that Blinko Gold has removed or disabled access to the material.

Counter Notification:
Pursuant to Title 17, United States Code, Section 512(c)(2), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to Blinko Gold‘s designated agent that includes substantially the following:

  • A physical or electronic signature of the Subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Blinko Gold may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512(c)(2):

  • Blinko Gold will promptly provide the Complaining Party with a copy of the Counter Notification;
  • Blinko Gold will inform the Complaining Party that Blinko Gold will replace the removed material or cease disabling access to the removed material within ten (10) business days;
  • Blinko Gold will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided Blinko Gold‘s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the removed material on Blinko Gold‘s network or system.


GENERAL INFORMATION

If any arbitrator or court of competent jurisdiction deems any portion of this Agreement, the Privacy Policy or any applicable Rules unlawful, void or unenforceable, the applicable Agreement, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the applicable Agreement, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken.
The headings contained in this Agreement, the Privacy Policy or any applicable Rules are for convenience of reference only, are not to be considered a part of this Agreement, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement, the Privacy Policy or any applicable Rules.
No waiver of any portion of this Agreement, the Privacy Policy or any applicable Rules shall be effective unless it is in writing and signed by an authorized representative of Blinko Gold. The failure of Blinko Gold to require performance of any obligation of this Agreement, the Privacy Policy or any applicable Rules shall not affect Blinko Gold‘s right to enforce any provision of this Agreement, the Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
All covenants, agreements, disclaimers, limitations, representations and warranties made in this Agreement, the Privacy Policy or any applicable Rules, as may be amended by Blinko Gold from time to time, shall survive your acceptance of this Agreement, the Privacy Policy or any applicable Rules, the termination of your use of Blinkogold.com, and the termination of your use of the Services
If you have questions, comments, concerns or feedback regarding this Agreement, the Privacy Policy or any applicable Rules or Blinkogold.com or any Service, please contact us via any of the methods set forth below:
•  Via fax: 786-513-0967
•  Via mail: Blinko

  • Attn: Blinko Gold Customer Service
    485 Alberto Way, Suite 210 Los Gatos, CA 95032

This Agreement, the Privacy Policy and any applicable Rules made available to you by Blinko Gold, each as amended from time to time, represent the entire understanding and agreement between you and Blinko Gold regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.