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Terms of Use

Terms of Use

Terms of Use

Terms of Use

Terms of Use

Terms of Use

IMPORTANT NOTICE:  PLEASE READ THROUGH THESE TERMS CAREFULLY. The following document (these “Terms of Use”) describes the terms under which Blink Tech Inc. (also referred to herein as “Company” or "Blink") offers each individual or entity (hereinafter, “Customer”) access to its Services. 

By accessing Blink Services, Customer agrees to comply with and to be bound by the Terms of Use, including the policies and guidelines linked to (by way of the provided URLs) from these Terms of Use. If Customer does not understand or agree with these Terms of Use, please do not use the Services. 

Blink may amend these Terms of Use at any time in its sole discretion, effective upon posting the amended Terms of Use at the domain or subdomains of [BLINK WEBSITE] where the prior version of the Terms of Use was posted, or by communicating these changes through any written contact method Blink has established with Customer. 

DEFINITIONS:

Agreement” means these Terms of Use.

Customer Data” means any materials, information, data, code, content, and other information that Customer, or its employees or agents, collect (or which Blink collects on behalf of Customer from event attendees or others) or transmit to Blink via a SaaS Solution, or via another medium for the purpose of display or transmission via a the Services.

“Blink Content” means the information, documents, software, products and services contained or made available to Customer in the course of using a Service.

Products” means collectively the SaaS Solutions and other software programs (including any associated materials or intellectual property, as well as any updates, improvements, modifications, or changes, and Documentation), Blink content, Blink application(s) and all toolkits and any other programs provided by Blink, training materials, tutorials and related documentation provided by Blink in connection with the performance of Services. 

SaaS Solution” means a software as a service and other software services provided to a third-party for its commercial use.

“Services” means collectively SaaS Solutions and Services available to customers through Blink website(s) and application(s).

Viruses” shall mean any programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs, time bombs, shut-down devices, keys, authorization codes, or passwords allowing Blink access), the purpose of which is expressly intending to result in damaging, interrupting, interfering with or hindering the operation of any software or data on Customer’s equipment configuration, or any other equipment or system with which the equipment configuration or SaaS Solutions are capable of communicating.           

  1. CHANGES TO THESE TERMS OF USE

Company reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

  1. SITE INFORMATION

Information displayed on this website is subject to modification without notice. Company reserves the right to modify such information without any obligation to notify past, current or prospective website users. Some services may not be available in certain areas. Company makes no representations that the materials on this website are appropriate or available for use in other countries besides the United States. Those who do access this website from other countries are solely responsible for compliance with the laws of such country.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

  1. INTELLECTUAL PROPERTY RIGHTS

Copyright 2024, Blink Tech, Inc. All rights reserved. All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

You may download and/or print this website’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Company.

  1. USE OF IMAGES AND LOGOS

Blink may use client testimonials, photos, screenshots, and logos in our communication and marketing materials, including for awards and published case studies. Customers may request to discontinue the use of information at any time.

  1. NO LIABILITY.

In no event shall Company or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits, proceeds, opportunity, or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Company has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

  1. WARRANTIES AND DISCLAIMERS.

6.1 Services. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND BLINK DOES NOT MAKE ANY REPRESENTATION, WARRANTY REGARDING THE SERVICES, OR GUARANTY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES PROVIDED OR OFFERED HEREUNDER.  ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR STATUTORILY, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.2 USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO CUSTOMER DATA.  ACCORDINGLY, BLINK CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CUSTOMER’S DATA, BLINK MAY SUSPEND CUSTOMER’S USE OF THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED.

6.3 Website. Company makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. This website is provided by Company on an “AS IS” basis. Company disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Company makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. Company does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement or be uninterrupted, timely, secure or error-free.Company shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. Company does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this website or its content, including without limitation Company, shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from Company or in any manner from this website shall create any warranty.

6.4 Third Party Website(s).  This website may link to, or be linked to, other websites not maintained by or related to Company. Such links are provided only as a service to our visitors. Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website. Company has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1)the link must be a text-only link clearly marked; (2) the link must “point” to the URL “www.blink.global” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Company; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Company’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Company is associated with or sponsored by Company; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.

7                TAXES, RAFFLES, AND AUCTIONS. If there are taxes, other governmental charges or any other fees associated with your use of the Site including the auction, item sales, raffles (a means of raising money by selling numbered tickets, one or some of which are subsequently drawn at random, the holder or holders of such tickets winning a prize), or other financial transactions on the Site these will be your responsibility to pay. You should consult your tax adviser on any potential taxes or tax effects related to the auction, raffle, fund a need appeal, sales and other transactions made through the Site.

If the Client chooses to include a raffle as part of their event, the Client agrees that they understand and comply with all federal, state, and local regulations that apply to raffles and the sale of raffle tickets through our site. The Client further agrees that Client shall indemnify, defend, and hold Company, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to raffle activities.

Once an auction has closed it cannot be re-opened. In order to re-open an auction a new auction must be created and will incur a new activation fee.

8                FEES. Creating an account, listing an event and accessing the Services are open for testing. However, we charge fees when you activate an event, activate a paid service, sell or buy paid tickets and for each attendee who participates in an event on the platform. These fees may vary based on individual agreements between Company and certain Organizers or the use of the Self Sign Up options. The fees can be found on the pricing page of Blink’s website. All attendees including exhibitors, sponsors, admins, and staff will be counted toward the total number of attendees.

All Organizers who desire to use Company’s services through the Self Sign Up options or purchase any add-ons at their own discretion have agreed to on their own accord and will be held to the following payment-related terms and conditions:

Payment in full is required before activating an event. A valid credit card is required from the Organizer to be on file for the duration of the event. No refunds will be issued after payments are completed. If there exist questions around the Self Sign Up options, pricing, invoices, payments made or payment details, please reach out to [email protected] for resolution.

Company reserves the right to restrict access to the website(s), services and any associated offerings at the discretion of Company if there is an issue with payment including but not limited to: failed payment(s), payment(s) not received, a challenge made to a previous payment or incomplete payment(s).

9     INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Company or any other person or entity.

10              INTERPRETATION AND DISPUTES.

10.1           These Terms of Use are governed by the laws of the United States and the State of Wyoming, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Falls Church, Virginia with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Company in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

All users of this website must also follow any other guidelines or rules provided by Company or posted on this website. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms and Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the site. Please report any violations of these guidelines to Company, as provided for in the “Contacting Us” paragraph of these Terms of Use.

10.2            EXCLUSION OF DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

11 AGREEMENT.

By your access or use of this website, you hereby agree to these Terms of Use. These Terms of use constitute the entire agreement between you and Company with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Company. These Terms of Use will insure to the benefit of Company’s successors and assigns.

12 TERMINATION. Company may terminate or suspend your account if you are in violation of these Terms or if Company reasonably believes your use of your account or the Site could cause us to incur cost, damage, expense, or liability of any kind.

13. MISCELLANEOUS.

13.1 Force Majeure.  Blink will be excused from performance under these Terms of Use for any period of time that Blink is prevented from performing its obligations hereunder as a result of an act of God, criminal acts, distributed denial of service attacks, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, war, utility or communication failures, or other cause beyond the Party’s reasonable control.  Both Parties shall use reasonable efforts to mitigate the effect of a force majeure event.

13.2 Waiver.   The delay or failure of Blink at any time to enforce a right or remedy available to it under this these Terms of Use with respect to any breach or failure will not be construed as a waiver with respect to that breach or failure or any other breach or failure.

13.3 Headings.  The headings used in these Terms of Use are for reference only and do not define, limit, or otherwise affect the meaning of any provisions hereof.

13.4 Severability.  If any provision of these Terms of Use held invalid or unenforceable by a court, these Terms of Use will be construed as if not containing the invalid or unenforceable provision, and the rights and obligations of Customer and Blink shall be construed and enforced accordingly.

13.5 Use of Agents.  Blink may designate an agent or subcontractor to perform certain tasks and functions under this these Terms of Use, however, Blink will remain responsible for performance of its duties hereunder. A list of Blink’s third-party providers can be found here [INSERT LINK TO PDF].

13.6  DMCA Takedown Notice.  To the best of Blink’s knowledge, all material published by Blink on its web pages and other media properties, are done in full agreement with the original copyright owners. If Customer comes across a situation where Customer suspects that this may not be the case, in accordance with the Digital Millennium Copyright Act (DMCA), Customer shall contact Blink as follows:

 Blink Tech Inc.

ATTN: [NAME]

3130 Fairview Park Dr.

Falls Church, VA 22042

(703) 289 0033

[[email protected]]

 

Pursuant to the DMCA, Customer's notice must include the following information:

i. Identification of the copyrighted work Customer is claiming has been infringed.

ii. Identification of the material Customer is claiming is infringing the copyrighted work and information reasonably sufficient to permit Blink to locate the material. Please provide a link if possible.

iii. Customer's address, telephone number, and email address.

iv. A statement that Customer 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.

v. A statement that the information Customer provided in the notification is accurate, and under penalty of perjury, that Customer is the copyright owner or that Customer is authorized to act on behalf of the copyright owner.

vi. Customer's physical or electronic signature.

Blink cannot take action regarding Customer's notice unless all of the required information is provided.

In accordance with the DMCA, Blink reserves the right to terminate or disable, in appropriate circumstances and at Blink’s sole discretion, Customer's account if Customer is determined to be a repeat infringer.
 

13.7       Electronic Communications.  You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.