Terms of Use

  1. THIS IS AN AGREEMENT BETWEEN YOU AND BLINK.COM, INC

    This is an agreement ("Agreement") between you and Blink.com, Inc. (or, if applicable, one of its affiliates) ("Blink"). This Agreement governs your use of any and all Internet navigation assistance web pages provided to you by Blink in response to certain queries submitted by you ("Blink Search Pages"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. BLINK OFFERS THE BLINK SEARCH (DEFINED BELOW) TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BLINK SEARCH PAGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

  2. HOW BLINK MAY MODIFY THIS AGREEMENT

    Blink reserves the right to change the terms, conditions, and notices under which it offers the Blink Search at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Blink Search Page.

  3. DESCRIPTION OF BLINK SEARCH

    Blink provides Internet navigation assistance web pages known as "Blink Search Pages" to users who submit certain queries (the "Blink Search"). You understand and agree that Blink Search may include advertisements and that these advertisements are necessary for Blink to provide Blink Search.

  4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE BLINK SEARCH

    The Blink Search Pages are for your personal use only. You will not reproduce duplicate, copy, sell, resell, exploit or otherwise use the Blink Search Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You will not use the Blink Search Pages in any way that is unlawful, or harms Blink, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Blink Party" and collectively, the "Blink Parties") or any customer of a Blink Party, as determined in Blink's sole discretion. Blink may tell you about certain specific harmful uses in a code of conduct or other notices available through a Blink Search Page, but has no obligation to do so. You will not use the Blink Search Pages in any way that breaches any code of conduct, policy or other notice applicable to Blink Search Pages. Without limiting the generality of this section, you will not use the Blink Search Pages in any manner that could damage, disable, overburden, or impair any Blink Search Page (or the network(s) connected to any Blink Search Page) or interfere with any other party's use and enjoyment of the Blink Search.

  5. SPAM IS PROHIBITED

    Without limiting the generality of Section 4, you will not use the Blink Search Pages to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

  6. SOFTWARE

    Your use of any software associated with the Blink Search will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. Such software is protected by copyright and other intellectual property laws and treaties. Blink or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold, to you. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Blink may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Blink Search. If you are accessing the Blink Search through such software, you may disable the Blink Search by clicking on the "About Blink Search Service" link at the bottom of each Blink Search Page and following the instructions entitled "How to Deactivate the Blink Search Service." Your continued use of Blink Search constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to Section 2 hereof.

  7. INFORMATION AVAILABLE FROM THE BLINK SEARCH PAGES

    Blink and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on a Blink Search Pages. Blink and its suppliers do not authorize the use of information available from Blink Search Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. Blink does not endorse or recommend any particular product or service.

  8. BLINK MAKES NO WARRANTY

    BLINK PROVIDES THE BLINK SEARCH PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLINK PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BLINK PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE BLINK SEARCH WILL BE UNINTERRUPTED OR ERROR-FREE.

  9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

    IN NO EVENT WILL ANY BLINK PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BLINK SEARCH OR THE BLINK SEARCH PAGES, EVEN IF SUCH BLINK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE BLINK SEARCH, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BLINK PARTY WITH RESPECT TO THIS AGREEMENT OR THE BLINK SEARCH, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLINK SEARCH.

  10. CHANGES TO THE BLINK SEARCH; ADDITIONAL LIABILITY LIMITATION

    THE BLINK PARTIES MAY CHANGE THE BLINK SEARCH OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. How You Can Access, Limit or Change the Information Collected About You: As you use the Blink Search, you should expect to receive, access or use information, text, materials, graphics, software, sound, data and other content (collectively, "Content") originated by Blink and persons other than Blink ("Third Parties"). You understand and agree that by using Blink Search, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive. WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT THE BLINK PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY BLINK OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT BLINK IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BLINK SEARCH, (2) ANY INCOMPATIBILITY BETWEEN THE BLINK SEARCH PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE BLINK SEARCH IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY BLINK TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE BLINK SEARCH PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY BLINK OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

  11. LINKS

    The Blink Search Pages may include links to other World Wide Web sites or resources provided by Third Parties. Because Blink has no control over such sites and resources, you acknowledge and agree that Blink is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Blink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  12. INDEMNIFICATION

    You agree to release, indemnify, defend and hold harmless Blink, its parent, subsidiaries and affiliates, and its and their shareholders, 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) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or Claims arising from your use of Blink Search. Blink reserves the right, at its 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; provided, however that you shall use your best efforts to cooperate with us in the defense of any Claim.

  13. PROPRIETARY INFORMATION

    You acknowledge and agree that Blink Search Pages and any Content, services or software available through or used in connection with the Blink Search Pages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Blink Search Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Blink or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Blink Search Pages or any Content, services or software available through or used in connection with the Blink Search Pages, in whole or in part.

  14. TRADEMARK INFORMATION

    You acknowledge and agree that Blink logos, products and service names are trademarks of Blink ("Blink Marks") and you agree that you will not display or use the Blink Marks in any manner, without the express written permission of Blink.

  15. TERMINATION; ACCESS RESTRICTION

    Blink may terminate this Agreement, or terminate or suspend your access to Blink Search at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Blink Search will immediately cease. Blink may discontinue, temporarily or permanently, the Blink Search with or without notice.

  16. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

    This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action to enforce this Agreement or in connection with any matters related to Blink Search only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the exclusive jurisdiction of said courts. Use of Blink Search is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

  17. INTERPRETING THE AGREEMENT; ASSIGNMENT

    If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Blink may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Blink with respect to the Blink Search and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Blink with respect to the Blink Search. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

  18. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

    YOU AND BLINK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BLINK SEARCH MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  19. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

    All contents of the Blink Search Pages are Copyright © 2008 Blink.com, Inc. and/or its suppliers, 335 Madison Avenue, Suite 840, New York, NY U.S.A. All rights reserved. Blink, the Blink logo (dynamic orb), and/or other Blink products and services referenced herein may also be either trademarks or registered trademarks of Blink in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

CLICK HERE FOR INFORMATION REGARDING BLINK'S QUICK PAGE PRIVACY POLICY.