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Terms of use

These terms govern the use of Brinked.com and our relationship with Brinked users and others who interact with Brinked. By accessing or using Brinked in any way, you agree to be bound by these terms of service.

Definitions

  1. By “Brinked” we mean the platform, services and features made available through the Brinked website www.Brinked.com and any other branded or co-branded sites including affiliate websites, mobile platforms or apps.
  2. “Brinked” refers to BRINKED MEDIA INC. A company incorporated in the United States of America
  3. By “Information” we mean any personal data or profile information that you submit to the website.
  4. By “Site” we refer to www.Brinked.com and all related  sub-domains or affiliate websites including mobile platforms or apps
 

Registration and Security

Prior to gaining access to certain Services on the Site, Brinked will require you to accept our Terms of Service or set up a free account. You agree to comply with the procedures specified by Brinked from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Accounts are subject to cancellation or suspension by Brinked at any time, including upon the misuse of any and the reissuance or reactivation of account information. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your account information, and you shall inform Brinked immediately in writing of any actual or potential unauthorized access to a your sensitive information or to the Site and/or Services. In addition you will agree to the following:

  • If we disable your account you will not create another one without the permission of Brinked.com
  • You will not use Brinked if you are under 13 years of age.
  • You will not transfer your account to anyone without getting our written permission

Content and Information

You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not Brinked, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that Brinked shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant Brinked a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, Brinked agrees to use your information in accordance with Brinked's Privacy Policy applicable to personally identifiable information. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to Brinked. Notwithstanding the foregoing, you hereby assign to Brinked all right, title and interest in and to any new feature that you may suggest or submit to Brinked and you acknowledge and agree that Brinked may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.

Rights of Others

Brinked respects the rights of others and we expect you to do the same. You should not post content or take any other action on Brinked that infringes or violates someone elses rights or the law. Brinked retains the right to remove any content or information you post if we believe you violate this statement. If you repeatedly infringe other peoples’ rights, Brinked reserves the right to disable your account. You agree that you will not collect or republish information from other Brinked users without their consent

Trademarks & Copyright

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Brinked or others used on this Site and in the Services are the property of Brinked or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of Brinked or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Brinked, Copyright © 2098-2012, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Third Party Content

Third parties may provide certain information and content to Brinked ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. Brinked disclaims all warranties and conditions with regard to content provided by third parties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which Brinked does not have control ("External Web Sites"). Such links do not constitute an endorsement by Brinked of those External Web Sites. You acknowledge that Brinked is providing these links to you only as a convenience, and further agree that Brinked is not responsible for the content of such External Web Sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Indemnification

You agree to defend, indemnify and hold harmless Brinked and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Brinked, and agree that Brinked does not warrant the accuracy or timeliness of the Materials and further agree that Brinked has no liability for any errors or omissions in the Materials, whether provided by Brinked or its licensors.

Brinked, for itself and each of its licensors, makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the site and/or the services, including without limitation the materials and any third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site and/or the services and any information or material contained on the site is provided to you on an "as is" and "where-is" basis, and is for personal use or internal business use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. Brinked provides the services "as-is" without any warranty of any kind.

Limitation of Liability

Neither Brinked nor any of its partners, agents, affiliates, third party providers or content providers shall be liable to you or any third party for any form of damages (including, without limitation, direct, indirect, incidental, special or consequential damages) arising out of or related to the use or attempted use of the site or the services, including but not limited to, the results of your use of the site and/or the services, or any external web sites linked to this site, or the materials on the site, however arising, whether for breach or in tort, even if Brinked was informed of the possibility of such damages.

Termination

If you violate the terms of this Statement, or otherwise create risk or possible legal exposure for us, we can terminate your access to your Brinked account. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.