Terms & Conditions

  1. Summary

    You are being offered a software application called "Blink Desktop Search." The End User License Agreement and the Privacy Policy below contain a lot of important information about that application. Here is a brief summary of some of the most important things you probably want to know before you install a version of our software. However, it is important that you read the entire Terms & Conditions. Blink Desktop Search turns your browser address bar (the place where you generally type in web site addresses) into an Internet search box.

    Installation of Blink Desktop overrides most pre-existing, error resolution applications (like Google Desktop or Yahoo Toolbar), so that when you input search terms or un-resolvable web site addresses, or keywords, you will be provided with responsive, sponsored and un-sponsored Internet search results via the Blink Search service or you may be directly navigated to a brand owner's site via one of our third party partners.

    • Blink Domains does not collect any personally identifiable information from you. Please see the Privacy Policy below for further information.
    • You can uninstall all of the components of Blink Search Desktop at any time by using the standard Add/Remove Programs function provided in the Windows operating system.
    • Blink Search Desktop runs in the background of your computer so that it can always provide you with the functions listed above, but it will not impact the performance of your computer.
    • Updates to Blink Search Desktop may be delivered to you automatically, meaning that you would not need to download or re-install the Blink application, nor make any other changes on your end. Blink Domains may only modify, update or enhance the existing Blink Domains product, and will not add or install any other Software on your computer. We will not make material changes to the privacy practices of Blink Search Desktop without obtaining your consent.
    • If you are not at least 18 years old, or you are not the administrator of the computer you are using, you are prohibited from installing Blink Search Desktop.
    • If you have any questions about Blink Search Desktop, you may contact our Customer Support department at help@blink.com.

  2. End Use License Agreement

    THIS END USER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR DOWNLOAD, INSTALLATION, AND USE OF Blink Search Desktop. Blink Search Desktop IS PRODUCED BY BLINK.COM, INC., A DELAWARE CORPORATION LOCATED AT 335 MADISON AVENUE, NEW YORK, NY 10017 ("BLINK"). YOU WILL HAVE THE OPPORTUNITY TO ACCEPT OR REJECT THE TERMS OF THIS AGREEMENT DURING THE INSTALLATION PROCESS. YOU MAY NOT DOWNLOAD, INSTALL OR USE Blink Search Desktop UNLESS YOU AGREE TO THE TERMS OF THIS AGREEMENT DURING THE INSTALLATION PROCESS. This Agreement may be modified from time to time by Blink, in its sole discretion. The modified Agreement MAY be posted at the web site located at www.Blink.com (the " Blink Site") for your review. Your continued use of Blink Search Desktop will be governed by the modified Agreement and will be deemed to be an acceptance of the modified Agreement, which for all purposes set forth herein shall be deemed the Agreement. If, for any reason, you do not agree to be bound by any of the modifications, you may not continue to use Blink Search Desktop. Blink Search Desktop may also be modified, updated or enhanced from time to time at Blink's discretion; however, we will not add or install any other software on your computer. For purposes of this Agreement, any such modified, updated, enhanced or upgraded Software shall also be referred to as Blink Search Desktop.

    • Authorized Users

      Blink Search Desktop may only be installed or used by (i) the owner of the computer where Blink Search Desktop is installed (the "Authorized Computer"), and (ii) any persons authorized by the owner of the Authorized Computer to use the Authorized Computer and to install Blink Search Desktop in accordance with the terms of this Agreement, provided that the individuals referred to in (i) and (ii) above have read this Agreement and agree to abide by it (x) before any such installation and (y) at all times while using Blink Search Desktop (collectively, the "Authorized Users," and each an "Authorized User"). Any references to the pronouns "you" and "your" anywhere in this Agreement are intended to refer to any one or to all Authorized Users of Blink Search Desktop, and any references to "we," "us," or "our" are intended to refer to Blink.

    • Ownership; Limited License Grant

      As between you and Blink, the following are and shall remain the sole property of Blink: (a) all right, title and interest in and to Blink Search Desktop, (b) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to Blink Search Desktop, (c) any Blink content or services delivered via Blink Search Desktop , and (d) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to such Blink content or services. Blink agrees to grant and hereby grants to you a limited, nonexclusive, nontransferable, royalty-free license to download and install Blink Search Desktop solely for your personal use and subject to the terms and conditions of this Agreement. You may not assign, sublicense or otherwise convey or transfer the rights granted to you under this Agreement to any other person, organization, or entity. Any rights not expressly granted to you hereunder are reserved by us. The limited right granted to you to download, install and use Blink Search Desktop is a limited license and does not constitute the sale of a software program. You are expressly prohibited from doing the following with or to Blink Search Desktop: (v) decompiling, reverse engineering, or disassembling it, (w) tampering or interfering with its functionality, delivery or operation while using or installing it, (x) selling, renting, transferring, reselling, or distributing it, (y) duplicating, reproducing, copying, modifying, or otherwise creating derivative works of it, or (z) exporting or re-exporting it, directly or indirectly, into any country prohibited by the United States Export Administration Act or any regulations promulgated thereunder.

    • Other Content or Services

      Through your use of Blink Search Desktop, you may receive content or services provided through, or in connection with, Blink Search Desktop, by individuals or entities other than Blink, including, without limitation, data, links, articles, graphic or video messages, text, music, sound, graphics or other materials or services (collectively, the "Other Content or Services") For example, Other Content or Services may include paid search results provided by Yahoo! or other partners, but will not include software from any individual or entity other than Blink. You understand and agree that you will not obtain, as a result of your use of Blink Search Desktop, any right, title or interest in or to such Other Content or Services delivered via Blink Search Desktop or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in and to such Other Content or Services. You understand and agree that by using Blink Search Desktop you may be exposed to such Other Content or Services that may be offensive, indecent, objectionable, defamatory, libelous, false, misleading, inaccurate, infringing of other parties' proprietary rights or in violation of law. You agree that you must evaluate and bear all risks associated with the viewing or use of any such Other Content or Services, including any reliance on the accuracy or completeness of such Other Content or Services. We hereby expressly disclaim any liability for any such Other Content or Services, including, but not limited to, for any errors or omissions in any such Other Content or Services, or for loss or damage or injury of any kind incurred as a result of the use of any such Other Content or Services posted, transmitted, advertised or otherwise made available to you through or in connection with Blink Search Desktop.

    • Privacy

      Blink's privacy policies relating to Blink Search Desktop can be found at http://www.blink.com/blink/privacy.htm.

    • Modifications to Blink Search Desktop or Our Site; Termination.

      Updates, specifically upgrades, bug fixes, and related modifications to Blink Search Desktop may be delivered to users automatically, however, this applies to existing Blink Search Desktop products only, and we will not add or install any other software on your computer. We also will not make material changes to the Privacy Policy of Blink Search Desktop without notifying our end-users. We verify the integrity and publisher of any updates, enhancements, and upgrades to Blink Search Desktop using a secure certificate service and Microsoft's Authenticode technology. Subject to the other provisions of this Section 5, we have the right at any time to disable, enable, modify, or discontinue, temporarily or permanently, the Blink Site and/or Blink Search Desktop (or any part thereof), with or without notice, obligation or liability to you or to any third party.

    • Uninstallation

      Blink Search Desktop may be uninstalled using the standard Add/Remove Programs function provided in the Windows operating system.

    • Support

      BLINK HAS NO OBLIGATION TO PROVIDE YOU WITH SUPPORT, MAINTENANCE, UPGRADES, MODIFICATIONS, OR NEW RELEASES WITH RESPECT TO BLINK SEARCH DESKTOP, ALTHOUGH WE GENERALLY DO ANYWAY. YOU CAN REACH US AT help@blink.com.

    • Disclaimer Regarding Third Party Software Programs

      BLINK SEARCH DESKTOP MAY BE OFFERED TO YOU BUNDLED WITH ANOTHER THIRD PARTY SOFTWARE APPLICATION OR PLUG-IN (A "THIRD PARTY APPLICATION"). YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY SUCH THIRD PARTY APPLICATION IS OWNED BY A THIRD PARTY AND THAT THIS AGREEMENT DOES NOT GOVERN YOUR DOWNLOAD, INSTALLATION OR USE OF SUCH OTHER THIRD PARTY APPLICATION, EVEN IF BLINK SEARCH DESKTOP AND THE THIRD PARTY APPLICATION CAME BUNDLED TOGETHER. BLINK EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY APPLICATIONS OR OTHER PRODUCTS OR SERVICES.

    • Disclaimer of Warranties and Limitation of Liability

      BY INSTALLING, DOWNLOADING OR USING BLINK SEARCH DESKTOP, YOU HEREBY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU HAVE NOW OR MAY HAVE IN THE FUTURE AGAINST BLINK OR ITS LICENSORS RELATING TO YOUR DOWNLOAD, INSTALLATION OR USE OF BLINK SEARCH DESKTOP. YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH Blink Search Desktop IS TO STOP USING IT. YOU SPECIFICALLY AGREE THAT NEITHER WE, NOR OUR LICENSORS, SHALL BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION OR USE OF BLINK SEARCH DESKTOP, INCLUDING, BUT NOT LIMITED TO, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (A) SOFTWARE CONFLICTS RELATED TO BLINK SEARCH DESKTOP; (B) DATA NON-DELIVERY, DATA MIS-DELIVERY OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (C) YOUR INFRINGEMENT OF A THIRD PARTY'S RIGHT; (D) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, BLINK SEARCH DESKTOP; OR (E) YOUR OWN USE OR MISUSE OF YOUR PERSONAL COMPUTER OR THE SOFTWARE APPLICATIONS CONTAINED ON YOUR PERSONAL COMPUTER. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO BLINK SEARCH DESKTOP OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER WE WERE ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. BLINK SEARCH DESKTOP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

    • Indemnification

      You hereby agree to release, indemnify, defend and hold harmless us, our parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation or download of Blink Search Desktop or your breach of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

    • Notice to Government End Users

      Blink Search Desktop (and any of its associated documentation) is a "Commercial Item," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other Authorized Users pursuant to the terms and conditions of this Agreement.

    • General Provisions

      This Agreement shall be governed exclusively by, and construed in accordance with United States federal laws and the laws of the State of California, without reference to any conflict of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court in Los Angeles County, California and the parties hereby expressly waive all venue, jurisdiction and choice of law challenges or defenses. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, but not limited to, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. This Agreement will be binding upon and will inure to the benefit of Blink and its successors and assigns.

    BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND (3) YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE BINDING AND ENFORCEABLE.

  3. Privacy Policy

    This Privacy Policy applies to your use of Blink Search Desktop, a software application published and distributed by Blink.com, Inc. ("Blink," "we," "us" or "our"). Your privacy is important to us and this Privacy Policy reflects our concern in safeguarding it. This Privacy Policy describes our practices regarding the collection, maintenance, use, and sharing of information that we collect. Our Privacy Policy may change from time to time and those changes will be available for your review on this web site. Your continued use of Blink Search Desktop after any such changes have been made will signify your assent to the changed Privacy Policy. To contact Blink about privacy issues, please e-mail us at privacy@blink.com.

    • Information We Gather

      We do not purposefully collect any personally identifiable information about you (such as your name, address, email address, or telephone number). Blink Search Desktop does transmit limited non-personally identifiable information, such as your IP address, type of browser and operating system, unique software ID, version of the Blink Software, internal software status indicators (including error codes to determine if the Software has encountered any internal errors), a tag that identifies any Blink distribution partner from whom you may have downloaded or installed Blink Search Desktop, and keyword and error search queries entered in your browser address bar. Please note that search query information collected by Blink Search Desktop is maintained by us on an aggregated basis (i.e., together with the queries of all of our end-users) for the purposes of generating statistics regarding the use of our software (such as the number of queries performed by the average end-user per month, a list of the most popular query terms, etc.), and is never used in a manner that matches specific search query information with any particular end-user. To properly reflect your language, filtering and other preferences, Blink Search Desktop may also use cookies (i.e., packets of information containing your preferences that are sent to your browser and sent back by your browser each time your browser accesses our server). Cookies that we may use may only be read by the server that placed them there. If you wish to control how and whether cookies will be accepted by your browser, you should refer to the documentation accompanying your browser.

    • How We Use the Information We Gather

      Most of the limited, non-personally identifiable information collected is used to provide more relevant services to our end-users. For example, we may use your IP address to determine which language to use to provide you with Internet search results. In addition, information collected from end-users may be used in aggregate form to, among other things, determine the total number of distributed and active copies of Blink Search Desktop, prepare utilization reports for our partners or affiliates (collectively, "Partners"), diagnose and fix compatibility problems or other bugs in our software, and perform statistical analyses to enable us to build higher quality, more useful online services. The information collected from end-users also allows us to determine if the software on an end-user's computer is encountering internal errors or needs to be updated and permits us to deliver search results pages that are as responsive as possible to an individual end-user's particular search query ( e.g., serves results in the end-user's native language and tailored to the end-user's country of connectivity).

    • When We Disclose the Information We Gather

      As a general rule, we do not share the information we collect from end-users with third-parties. However, IP addresses, unique software IDs, and search terms or phrases inputted in the browser address bar as queries by our end-users are transmitted to certain Partners with whom Blink has subcontracted to obtain Internet search results or other services in response to such search queries (such as Yahoo!, AskJeeves.com, Miva and others). The data is also used by those Partners for internal data reporting purposes, but not for the purposes of marketing to our end-users. In addition, some of the information we collect is provided, in aggregate form only, to our Partners solely for purposes of calculating amounts owed to such Partners, not for the purposes of marketing to our end-users. Our Partners are obligated by applicable law to protect the privacy of certain types of data; however, we are not responsible for their actions or omissions, including the manner in which they use information that they receive from us. Nevertheless, if you feel that any of our Partners, or any third party who claims association with Blink, is improperly collecting or using information about you, we urge you to contact them directly and also to inform us by e-mailing us at privacy@blink.com. If in the future we sell or transfer assets or portions of our business, or if we experience a change in control, reorganization or liquidation, we may transfer such information to our successor or buyer, subject to this Privacy Policy. Finally, we reserve the right to disclose any information about you if it is required by law, necessary to defend our legal rights, or if we in good faith believe it is appropriate to cooperate in investigations of fraud or other illegal activity in which you may be involved (or are reasonably suspected to be involved), even without a subpoena, warrant or court order.

    • No Responsibility for Third-Party Practices

      Any web sites that you click to from one of our Internet search results web pages have been developed by third-parties over which we exercise no control. Such web sites may send their own cookies to end-users, collect data, or solicit personally identifiable information from you. We are not responsible for the privacy practices or the content of such web sites, including such web sites' use of any information collected when our end-users click through to such web sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of those web sites.

Questions

Questions regarding this Software Use Privacy Policy should be directed by e-mail to Blink at privacy@blink.com or, by U.S. mail, to 335 Madison Avenue, Suite 840 New York, NY 10017, Attn: Privacy Officer.