BL.INK Terms of Service
These Terms of Service (“Terms”) apply to your access to and use of the branded short-link service, software as a service platform, ancillary services, websites and mobile applications (collectively, our “Services”) provided by Blink Global, LLC, located at 5808 Lake Washington Blvd NE Suite 300, Kirkland, WA 98033 (“BL.INK” or “we”). By creating an account or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17. If you do not agree to these Terms, do not use our Services.
We may have separately executed a contract with you governing your use of the Services. If there is a conflict between these Terms and the contract, the contract will control for that conflict.
We may supply different or additional terms in relation to some of our Services. Unless otherwise provided, the additional terms will control if there is a conflict between these Terms and the additional terms.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at privacy@BL.INK.
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
3. User Accounts and Account Security
You may need to register for an account to access some of our Services. If you register for an account, you must provide accurate account information, including your first and last name, your email address, time zone, and password. You must promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
4. User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). You are fully responsible for your User Content. Except for the license you grant below, you retain all rights in and to your User Content, as between you and BL.INK.
Unless a separate contract between you and BL.INK provides otherwise, you grant BL.INK and its and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username) may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services, unless permitted under a separate contract between you and BL.INK;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s lawful consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
- Distributes malware or software designed to infiltrate or damage computer systems or trigger denial-of-service attacks; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose BL.INK or others to any harm or liability of any type.
We reserve the right, in our sole discretion, to suspend or terminate your account, or delete User Content due to your violation of this Section 5. Failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.
6. Ownership; Limited License
Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by BL.INK or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Such license is limited to use for your own personal, noncommercial purposes, unless a contract between you and BL.INK provides otherwise. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
7. Payment; Subscriptions
This Section 7 applies to you if you pay to use any of our Services. Please review this section carefully to understand the terms of payment and, if you subscribe to any of our Services, the renewal terms that apply.
All prices for our Services are shown in U.S. dollars (except where otherwise noted). Only valid credit cards and other payment methods acceptable to us may be used to purchase our Services, and all refunds will be credited to the same credit card or, in our discretion, another payment method. By purchasing a Service or otherwise ordering any products through our websites, you represent and warrant that you are authorized to use the designated credit card or other payment method. The payment amount may include taxes and any other amounts described on our website. Our prices are subject to change and we will provide you reasonable notice of any such changes. Any purchases of our Services are non-refundable, except as otherwise may be required by applicable law.
When you provide your payment information (for example, credit card number, CCV, expiration date, billing address, and telephone number), you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter when processing your order.
Some of our Services may be available for purchase as a subscription. If you purchase any Services under a subscription model, you authorize us to charge your credit card or other payment method for your subscription amount on a monthly basis (or other periodic interval disclosed on our website or agreed to between you and BL.INK under a separate contract). YOU EXPLICITLY ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES IN ACCORDANCE WITH THESE TERMS OR AS OTHERWISE STATED WHEN YOU SUBSCRIBE TO OUR SERVICES.
If you add subscriptions at any time, the subscription periods for each of those subscriptions will begin on the date of purchase, at which time you will be charged the applicable price, and your payment card or other payment method provided may be charged monthly thereafter for those subscriptions. Each subscription will renew either on (i) on an annual basis on the 12-month anniversary of the date upon which it was purchased, and every year thereafter, or (ii) on a monthly basis on the one-month anniversary of the date upon which it was purchased, and every month thereafter, unless cancelled in accordance with this Section.
You may cancel any of your subscriptions by downgrading your account down to a free plan, at which point we will no longer charge your account. If you wish to shut down your BL.INK account completely at any point in time, please email us at help@BL.INK and we will assist you in cancelling your account. If you cancel your subscription(s), such cancelled subscriptions will end at the end of the next subscription period. You will not be refunded any amounts paid for active subscription periods.
Any amounts, including subscription fees not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable usury law, whichever is less, computed and compounded daily from the date due until the date paid. Further, in the event of any action by to collect any amount not paid when due, you will pay or reimburse BL.INK’s costs of collection (including, without limitation, any attorneys’ fees and court costs). BL.INK may accept any check or payment in any amount without prejudice to BL.INK’s right to recover the balance of the amount due or to pursue any other right or remedy. No endorsement or statement on any check or payment or in any letter accompanying a check or payment or elsewhere will be construed as an accord or satisfaction.
BL.INK’s name and our logos, our product or service names, our slogans and the look and feel of our Services are trademarks of BL.INK and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about BL.INK or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in BL.INK’s sole discretion. You understand that BL.INK may treat Feedback as nonconfidential.
10. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify BL.INK’s designated agent as follows:
Designated Agent: Legal Dept. of Donuts Inc.
Address: 5808 Lake Washington Blvd NE, Suite 300
Kirkland, WA 98033
Telephone Number: 425-298-1643
E-Mail Address: privacy@BL.INK
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to BL.INK for certain costs and damages.
11. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. BL.INK does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless BL.INK and our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “BL.INK Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify BL.INK Parties of any third-party Claims, cooperate with BL.INK Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the BL.INK Parties will have control of the defense or settlement, at BL.INK’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BL.INK or the other BL.INK Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, BL.INK does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While BL.INK attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services.
Some jurisdictions prohibit certain disclaimers, so some or all of the disclaimers in this Section may not apply to you.
14. Limitation of Liability
To the fullest extent permitted by applicable law, BL.INK and the other BL.INK Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if BL.INK or the other BL.INK Parties have been advised of the possibility of such damages.
Unless a separate contract between you and BL.INK provides otherwise, the total liability of BL.INK and the other BL.INK Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services in the 12 months prior to the event giving rise to the claim.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of BL.INK or the other BL.INK Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release BL.INK and the other BL.INK Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
16. Transfer and Processing Data
17. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with BL.INK and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and BL.INK agree that any dispute arising out of or related to these Terms or our Services is personal to you and BL.INK and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or BL.INK seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or BL.INK seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and BL.INK waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against BL.INK or relating in any way to our Services, you agree to first contact BL.INK and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to BL.INK by email at privacy@BL.INK or by certified mail addressed to Legal Department, Blink Global, LLC, 5808 Lake Washington Blvd NE, Suite 300, Kirkland, WA 98033. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and BL.INK cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington or may be conducted telephonically or via video conference for disputes alleging damages less than $5,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and BL.INK agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, BL.INK, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and BL.INK agree that for any arbitration you initiate, you will pay the filing fee and BL.INK will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, BL.INK will pay all JAMS fees and costs. You and BL.INK agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and BL.INK will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by sending an email to privacy@BL.INK with the following subject line: “Opt Out of Arbitration.” The body of the email must clearly state your intent to opt out of binding arbitration and include your full name, email address, and, if applicable, your BL.INK Account ID information. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
18. Governing Law and Venue
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Washington except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
19. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of BL.INK to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Last Updated: May 30, 2018