The Services may provide promotions, promotional codes, information, or offers (collectively, “Promotions”) from third party brand-owners, vendors, companies, service providers, or merchants (collectively, “Merchants”). Blinq makes no representation or warranty as to the accuracy or fitness for use of any Promotions offered through the Services. Blinq does not represent or warrant that any Merchant will honor or acknowledge any such Promotion. Blinq is not responsible for providing any value for any Promotion. Blinq is not responsible for the change of information at or by a Merchant including but not limited to rebate information, pricing, availability or fitness for use. You understand that Blinq does not and cannot review all material made available through websites linked or linking to any part of the Services. Blinq does not warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Blinq (“Account”). You represent and warrant that all information provided by you to Blinq is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password and Account. You understand and agree that you are individually and fully responsible for all actions and postings made from your Account. Any Account you create is not transferrable. You agree to notify Blinq immediately if you become aware of any unauthorized use of your Account.
causing, allowing, or assisting any other person to impersonate you; sharing your password or login with any other person; logging onto a server or Account that you are not authorized to access; creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
violating or attempting to violate any security features of the Services;
using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Blinq; attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; reselling or repurposing your access to the Services or any purchases made through the Services; or
using the Services or any of its resources to solicit other users of the Services, Merchants, or other business associates of Blinq to become users or associates of other online or offline services directly or indirectly competitive or potentially competitive with Blinq, including without limitation, aggregating current or previously offered promotions.
IN NO EVENT SHALL BLINQ OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A PROMOTION OF A THIRD PARTY, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BLINQ WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You agree that all of Blinq's trademarks, trade names, service marks, and other logos and brand features that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of Blinq. You agree not to display or use the Marks in any manner without Blinq's prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Blinq has any relationship with that third party or that such third party endorses the Services or Blinq.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 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 the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have 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; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The contact information for our designated Copyright Agent to receive notifications of claimed infringement is firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Once our Copyright Agent receives a valid DMCA Copyright Claim Notice alleging that infringing materials are being distributed by the Site, we will use reasonable efforts to investigate the complaint in a timely manner and respond to the complaint.
THE SERVICES ARE PROVIDED BY BLINQ ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLINQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE PROMOTIONS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLINQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLINQ DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM BLINQ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE BLINQ FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
BLINQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.