Terms and Conditions

A - Introduction

  1. A.1 Blink Media Inc. (“Blink”, “we,” “us,” “our”) is the owner of the Blink applications and the https://app.blink.la website (collectively, the “Platform”). Blink connects the world’s greatest storytellers and producers with Companies who need vibrant, original and high quality content (the “Service”).
  2. A.2 Your Blink Account is subject to these Terms and Conditions (the “Terms”). You warrant that you have read and understood these Terms and our Privacy Policy.
  3. A.3 Our use of any information you provide is governed by our Privacy Policy available at https://blink.la/privacy-policy.You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
  4. A.4 Our liability is subject to limitations and exclusions as set out in sections 6 (indemnity) 7 (disclaimers), 8 (limitation of liability) and 9 (release) of the general conditions. please read these sections carefully because they limit your rights.

    Section 10 (disputes) contains a binding arbitration agreement and class action waiver. if you live outside of the united states, some or all of section 11 might not apply to you. for example, if you live in the european union, some of section 11 does not apply to you.

B - The platform, professionals & teams

  1. B.1 The Platform and these Terms distinguish between the following types of User (“you”, “your”, “User”, “Users”):
    1. (a) Professionals who use the Platform to update their location through the mobile app as they move around the world, send and receive messages and network requests from clients and coworkers using Blink's Instant Messaging System, build their network on the go and many other tasks relating to our users.
    2. (b) Teams that combine several Blink Pro Accounts to easily connect with other Team members using our real-time communication tools, build and manage Teams by taking advantage of real-time updates, optimize their production time and costs, make payments and many other tasks relating to our Users.
    3. (c) Browsers who access portions of the Platform through embeddable widgets and public profiles.

C - Professional accounts

  1. C.1 Registration. All Users are required to register with Blink and select a password and screen name (the “User ID”). Failure to provide accurate, complete, and truthful information shall constitute a breach of these Terms.
  2. C.2 Content. Depending on their level of Membership, Users may upload portfolios of their work (the “Content”) in order to showcase their skills. They also may upload other Content, including, without limitation, illustrations, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, vectors, and interactive features generated, provided, or otherwise made accessible through the Service.
  3. C.3 Rights and License. Blink does not acquire ownership rights in any User’s Content. Use of such Content is on behalf of the User or in connection with the Service. Every User that uploads Content to the Platform grants Blink and its authorized sub-licensees and distributors, a worldwide, non-exclusive, royalty-free, right and license to:
    1. (a) Reproduce, distribute, digitally transmit, stream, display, create derivate works of, communicate to the public, synchronize, and collectively Exploit (Exploit):
      1. i. The User’s Content and perform the Service on the User’s behalf using any technologies or methodologies; and,
      2. ii. Exploit all associated copyrightable works or metadata on behalf of the User and in connection with the Service.
  4. C.4 Trademarks. In connection with the Service, you grant the Blink a worldwide, non-exclusive, royalty-free, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, Trademarks) for the marketing, promotion or advertising of either the User or the Service.
  5. C.5 Misuse of Account. You shall not:
    1. (a) Select or use a User ID with the intent to impersonate another person;
    2. (b) Use another User ID without appropriate authorization;
    3. (c) Select a User ID name that is offensive, vulgar or obscene.
    4. Blink reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are responsible for all activity that occurs on your account. You will immediately notify Blink of any unauthorized use of your account, or any other account related security breach of which you are aware.

D - Fee structure for services

  1. D.1 Fees Pricing plans and fees for services are made available on the Blink Website (the “Site”).
  2. D.2 New services From time to time, in our sole discretion, we reserve the right to establish and provide additional services to you. All such additional services shall be deemed a part of the Service and subject to all the terms and conditions of these Terms.
  3. D.3 Commissions Blink may charge a commission for payments or other transactions made through the site. Blink will alert Users to any new fees, and will give them an opportunity to opt-in.
  4. D.4 Merchandise Blink may offer Merchandise for sale through the site.
  5. D.5 Data Charges You understand that you are responsible for all data charges you incur by using the Service.

E - Billing, Payment, and other subscriptions

  1. E.1 Payment Method Users may pay in any manner indicated on the website or Invoice.
    1. (a) Payment shall be made in U.S. dollars.
    2. (b) The User is responsible for all currency costs incurred to make full payment in U.S. dollars regardless of the User’s home currency or payment method.
    3. When you provide payment information to Blink or to one of its payment processors, you represent to Blink that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Blink to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription or other fees incurred by you. Blink may require you to provide your address or other information in order to meet Blink’s obligations under applicable tax law.
  2. E.2 Recurring Payments. For Subscriptions purchased based on an agreed usage period (the “Term”), where recurring payments are made in exchange for continued use, by continuing to use the Recurring Payment Subscription you agree and reaffirm that Blink is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts.
  3. E.3 Upfront Payment. Payment is made in advance for any Setup Fees and Subscriptions as indicated on the Site.
  4. E.4 Changes to Billing Information. If you have purchased any Recurring Payment Subscriptions, you agree to notify Blink promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify Blink promptly if your credit card or PayPal or other payment account expires or is canceled for any reason.
  5. E.5 Receipt. User will receive an electronic confirmation upon payment as a receipt.
  6. E.6 Rollover. At the end of each Term, you will be billed for another Subscription Term unless you opt out.
    1. (a) The subscription fee may rise at this time.
    2. (b) You will be notified 30 days in advance of any increase in price and will have the opportunity to either opt-in or terminate the Service.
  7. E.7 Termination. You may terminate your Subscription with Blink by following the instructions in your Account Profile.
  8. E.8 No Refund. There will be no refund for the termination of a Subscription before the end of the Subscription Term.
  9. E.9 Post-Termination. Upon termination of a Membership, all rights granted pursuant to the Membership shall revert to Blink. Unless User converts to a Free Membership, all access to and use of the Service by the User must cease, and all materials, applications and tools downloaded from the Service must be erased, deleted, or destroyed.
  10. E.10 Additional Fees. Blink may or may not charge a fee for the provision of any services or contracts provided to Users of the Platform. Users will be given an opportunity to Opt-In to any new service with a fee.
  11. E.11 Fees May Change. All Fees are subject to change. Users will always be notified beforehand of any change in fees, and will be given an opportunity to opt in or out.

F - Warranties

  1. F.1 User Warranties. You represent and warrant, and can demonstrate to Blink’s full satisfaction upon request, that:
    1. (a) You are at least 18 years of age and/or a legal entity capable of forming binding contracts;
    2. (b) You own or otherwise control all rights to any uploaded Content; or,
    3. (c) You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content you upload to the Service;
    4. (d) You have permission to use the name and likeness of each identifiable individual person you upload to the Platform in connection with any Content; and,
    5. (e) The Exploitation of your Content on the Platform will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
    6. (f) No fees of any kind shall be due any third party, for the use or re-use of your Content as authorized under these Terms. You are solely responsible for the authenticity, description, identity, condition, nature and quality of the Content.
  2. F.2 You are responsible for indemnifying and holding Blink harmless from and against any and all claims arising from the Exploitation of your Content on the Platform, including all court costs and legal fees.
  3. F.3 You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
  4. F.4 Team Warranties. As a Team you warrant and agree that:
    1. (a) You own or control all rights to all Content submitted to the Platform, or said Content is in the public domain or Direct Licensed; or,
    2. (b) You have full authority from owners of any submitted Content to use such Content as contemplated by these Terms;
    3. (c) You have authority to use the name and likeness of each identifiable individual person associated with Content;
    4. (d) You are authorized to grant all of the aforementioned rights to the Content to Blink and other Users who have access to the Content;
    5. (e) Submission of Content will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
    6. (f) All information and Content posted or transmitted through the Platform is the sole responsibility of the User from which such content originated. Blink will not be liable for any errors or omissions in any content. Blink cannot guarantee the identity of any Users with whom you may interact in the course of using the Platform.
    7. Blink does not endorse and has no control over any Submission, nor can it guarantee the authenticity of any data that Users may provide about themselves. All content accessed by you using the Service is at your own risk. You are solely responsible for any damage or loss to any party resulting therefrom.

G - Prohibited User conduct

  1. G.1 Each User warrants and agrees that, while using the Platform and the various services and features offered on or through the Platform, the User shall not (and shall not permit any third party to) take any action, upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:
    1. (a) Impersonates any person or entity, whether actual or fictitious, or misrepresent affiliation with any other person or entity;
    2. (b) Inserts its own or a third party's advertising, branding or other promotional content into any of the Platform' content, or uses, redistributes, republishes or exploits such content or service for any further commercial or promotional purposes without our permission;
    3. (c) Attempts to gain unauthorized access to other computer systems through the Platform;
    4. (d) Engages in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of property, Users or other information from or through the Platform;
    5. (e) Obtains or attempt to obtain unauthorized access to computer systems, Content or information through any means;
    6. (f) Uses the Platform or the services made available on or through the Platform in any manner with the intent to interrupt, damage, disable, overburden, or impair the Platform or such services, including sending mass unsolicited messages or "flooding" servers with requests;
    7. (g) Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Blink in its sole discretion
    8. (h) Uses the Platform in violation of Blink or any third party's intellectual property or other proprietary or legal rights; or
    9. (i) Uses the Platform in violation of any applicable law.
  2. G.2 Each User further agrees not to attempt (or encourage or support anyone else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Platform or make unauthorized use thereof.
  3. G.3 Each User must not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform, nor obtain, use or access, or attempt to obtain, use or access, any Content or information through any means not intentionally made publicly available or provided for through the Platform.

H - Temporary service failure

  1. H.1 In the event of any Service Failure, Blink may issue the User a credit. Blink is not required to issue refunds or to make payments against such credits under any circumstances.
  2. H.2 Credits issued are the User’s sole and exclusive remedy for any Service Failure.

General conditions

1 - Application

  1. 1.1 Compliance with these Terms is a condition to all use of the Platform by any person (User). By using the Platform, each User accepts and agrees to be bound by these Terms.
  2. 1.2 Blink may update these Terms at its absolute discretion from time-to-time, and unless stated otherwise by Blink in writing, such updates shall come into effect once made available on the Platform or otherwise notified to Users.
  3. 1.3 The Terms and the General Conditions form a single legal agreement. To the extent that the Terms are inconsistent with the General Conditions, the Terms will prevail.

2 - Modification of the Service or Platform

  1. 2.1 Blink reserves the right, at its sole discretion, to change, modify, suspend or discontinue the Service and/or Platform, including, without limitation, the availability of any feature, database, function, or content) at any time. Blink may impose limits on certain features, services, and/or function, or restrict User access to parts or all of the Service without notice or liability.
  2. 2.2 It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifications to these Terms will apply to any dispute between you and Team that arose prior to the date of such modification.

3 - License & use

  1. 3.1 By accepting these Terms, the User is granted a limited, non-exclusive, non-transferable and revocable license to use, modify and reproduce the Content, solely for personal, non-commercial use.
  2. 3.2 User is also granted access a limited, non-exclusive, and revocable license and use the Platform for the duration of these Terms, in accordance with these Terms.
  3. 3.3 Blink may revoke or suspend the User’s license(s) (and prevent future use of the Platform) in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the User. Blink will ordinarily advise the User of any suspension or revocation, however it is under no obligation to do so.
  4. 3.4 The User agrees that it shall only access and use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Blink in its discretion.
  5. 3.5 User promises not to use Platform for any purpose prohibited by these Terms and Conditions.
  6. 3.6 Blink may limit or restrict access to the Platform from time-to-time as it sees fit, including (but not limited to):
    1. (a) Location. Blink may restrict access to the Platform for Users from any location and may restrict transactions, payments or any other activity on our platform in any location in its absolute discretion.
    2. (b) Verifications. Blink may limit Users and access to the Platform where it cannot, in its absolute discretion, verify any of the information provided to it by Users.

4 - Intellectual property

  1. 4.1 Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  2. 4.2 Proprietary Information. The Platform may use and incorporate software and other proprietary systems and Intellectual Property for which Blink has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any Intellectual Property or other third-party rights through the use of the Platform (U.S. Copyright Act of 1976, Title 17 U.S.C).
  3. 4.3 Platform. The User agrees and accepts that the Platform (including any source code, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Platform) is the Intellectual Property of Blink and the User further warrants that by using the Platform the User will not:
    1. (a) Copy the Platform or the services that it provides for the User’s own commercial purposes; and
    2. (b) Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it.
  4. 4.4 Trademarks. Blink has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Blink.

5 - Copyright

  1. 5.1 Blink respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright act (the "DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our Service. If Blink becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws. If you believe that anything on the services infringes any copyright that you own or control, you may file a notice of such infringement to our website https://blink.la or contact us at [email protected]
  2. 5.2 To be effective, any takedown notice submitted to our website must comply with the requirements set forth at 17 u.s.c. § 512(c)(3). That means that the notice must include substantially the following
    1. (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works at that Service.
    3. (c) 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 Blink to locate the material.
    4. (d) 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.
    5. (e) 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.

6 - User data

  1. 6.1 Rights. The User shall own all rights, title and interest in and to all of the User’s Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Data.
  2. 6.2 Loss of Data. In the event of any loss or damage to User Data, the User’s sole and exclusive remedy shall be for Blink to use reasonable commercial endeavours to restore the lost or damaged Data. Blink shall not be responsible for any loss, destruction, alteration or disclosure of Data caused by any third party.

7 - Feedback & revisions

  1. 7.1 You acknowledge that any and all:
    1. (a) Suggestions for correction, change, and modification to our Services, information and reports you provide to us, and other feedback (including but not limited to quotations of written or oral feedback), (collectively “Feedback”); and
    2. (b) Improvements, updates, modifications, or enhancements, whether made, created, or developed by us, or otherwise relating to Feedback (collectively, “Revisions”);
  2. 7.2 are and will remain our property. All Feedback and Revisions become the sole and exclusive property of Blink and we may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you, and without your retention of any proprietary or other right or claim.
  3. 7.3 You assign to us any and all right, title, and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
  4. 7.4 You agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Blink. At our request, you will execute any document, registration or filing required to give effect to these provisions.

8 - Indemnity

  1. 8.1 Own Risk. The User agrees that it uses the Platform at its own risk.
  2. 8.2 Errors or Failures. The User acknowledges that Blink is not responsible for the conduct or activities of any User and that Blink is not liable for such under any circumstances or any errors or failures to execute requests or offers on the Platform, including errors or failures caused by: (1) loss of connection to the internet or to the online software by any party, or (2) a breakdown or failure of the software.
  3. 8.3 User Interactions. User releases Blink from all liability relating to any connections and relationships with other Users. Blink makes no representations or warranties as to the conduct of Users or the veracity of any information they provide. In no event shall Blink be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users that meet through the Service. Users are encouraged to take reasonable precautions and exercise the utmost personal care in all interactions with any individual they come into contact with through the Service.
  4. 8.4 Links. Where the Platform contains links to other websites and resources provided by third parties, these links are provided to Users for information only without any endorsement or warranty whatsoever from Blink. The User enters those websites solely at its own risk and acknowledges that Blink has no control over and accepts no responsibility whatsoever for those websites or resources.
  5. 8.5 Password Users are solely responsible for the use and security of their Usernames and passwords which provide access to the Platform. Users must give prompt notice of any compromise or unauthorised access to these details. Each User must ensure and accept all liability for any breach of these Terms arising from access with its Username and password.
  6. 8.6 Confidentiality. Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): Blink makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Blink will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Blink’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
  7. 8.7 Indemnification. The User agrees to indemnify Blink for any loss, damage, cost or expense that Blink may suffer or incur as a result of any breach by the User of these Terms.
    1. (a) The User’s indemnification of Blink will survive the termination of these Terms and any use of the Platform.

9 - Disclaimers

  1. 9.1 Each User acknowledges and agrees that:
    1. (a) The Platform (including all content, function, Content and services) is provided "as is," without warranty of any kind, either express or implied, including any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
    2. (b) Blink does not warrant that the Platform (or the function, content or services made available thereby) will be timely, secure, uninterrupted or error free, or that defects will be corrected. Blink makes no warranty that the Platform will meet Users' expectations or requirements. No advice, results or information, or Content whether oral or written, obtained through the Platform shall create any warranty not expressly made herein. If a User is dissatisfied with the Platform, the sole remedy is to discontinue using the Platform.
    3. (c) Any material downloaded or otherwise obtained through the use of the Platform remains at the discretion and risk of the User and the User will be solely responsible for any damage that results from the download of any such material.
    4. (d) Blink does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Platform. Blink is not a party to, and does not monitor, any transaction between Users and third parties.
  2. 9.2 Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.

10 - Limitation of liability

  1. 10.1 In no event shall Blink or any of its suppliers, distributors, vendors, contractors, galleries, institutions, content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Platform (or the information, content, Content and function related thereto), including loss of revenue, or anticipated profits, or lost or corrupted data, or lost business or sales, or cost of substitute services, even if Blink or such person has been advised of the possibility of such damages.
  2. 10.2 The above limitations only apply to the extent permitted in the relevant jurisdiction.

11 - Release

  1. 11.1 We provide a service that connects the world’s greatest storytellers and producers with Companies who need vibrant, original and high quality content. However, we could not function if we were held responsible for the actions or inactions of other Users, and/or third parties both on and off the Service. As an inducement to Blink permitting you to access and use the Service, you hereby agree to release Blink, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services. In addition, you waive any applicable law or statute, which says, in substance:
  2. 11.2 “A general release does not extend to claims which the releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the released party."

12 - Disputes

  1. 12.1 Where a dispute arises between Blink and a User, the following process shall apply:
    1. (a) Negotiation. If there is a dispute between the parties relating to or arising out of these Terms, then within 30 business days of a party notifying the other party of a dispute, senior representatives from each party must meet (or discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
    2. (b) Mediation. If the dispute between the parties relating to or arising out of these Terms is not resolved within 30 Business Days of notification of the dispute under Clause 10, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution.
    3. (c) Arbitration. If the dispute between the parties relating to or arising out of these Terms is not settled by mediation under Clause 11.1(b), either party may by written notice to the other refer the dispute to Arbitration administered by the Judicial Arbitration & Mediation Services, Inc., pursuant to its employment arbitration rules & procedures (the JAMS RULES) in New York County, New York. To the extent that JAMS RULES conflict with New York Law, New York Law shall take precedence.

      Parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, except as prohibited by law. Each party shall separately pay for its respective attorneys’ fees and costs.
    4. (d) Class Action. You and blink agree not to bring or participate in a class or representative action, private attorney general action or collective arbitration, even if jams procedures or rules would otherwise allow one. the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent of that party’s individual claim. You and Blink also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

      If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Valve agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
    5. (e) Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of these Terms, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages are inadequate to compensate.
    6. (f) Small Claims Court. Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.

13 - Attorney’s fees

  1. 13.1 The prevailing Party in an action to enforce these Terms may recover from the other its reasonable attorneys’ fees and costs, if employment of an attorney was necessary.

14 - Governing law and jurisdiction

    1. (a) These Terms, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws principles. Please note that use of the Platform by any User may be subject to other local, state, national, and international laws.
    2. (b) Each User expressly:
      1. (i.) Agrees that exclusive jurisdiction for resolving any claim or dispute with Blink relating in any way to use of the Platform resides in the state and federal courts of the State of New York;
      2. (ii.) Agrees and consents to the exercise of personal jurisdiction in the state and federal courts of the State of New York;
      3. (iii.) Waives any right to a jury trial in any legal proceeding against Blink; and
      4. (iv.) Agrees that any claim or cause of action with respect to use of the Platform must be commenced within one (1) year after the claim arises.
    3. (c) If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. In this event, these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

15 - United nations convention on contracts

  1. 15.1 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Nothing in these Terms shall be deemed as preventing either party from seeking immediate injunctive relief from any court having jurisdiction over the parties and the subject matter of the dispute.

16 - General

  1. 16.1 Waiver. No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  2. 16.2 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms and the transaction facilitated by it.
  3. 16.3 Severability. Any clause of these Terms, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.

17 - Contact

  1. 17.1 To contact us with any questions or concerns in connection with these Terms or the Platform, or to provide us with any notice under these Terms, please write to us at [email protected]

Last updated on Jan 29, 2019