YOUR COMPLIANCE WITH THIS AGREEMENT
YOUR ACCESS TO AND USE OF BLINKOGOLD.COM AND THE SERVICES
• 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:
• 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").
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.
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 providers 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.
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:
Termination shall become effective at the end of the billing period in which you give your notice of termination.
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.
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.
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
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.
LIMITATIONS OF LIABILITY
YOUR INDEMNIFICATION OF BLINKO
GOVERNING LAW, VENUE AND JURSIDICTION; ARBITRATION
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:
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):
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):