Briteclick Terms of Service (TOS)
1. Usage License
Briteclick grants you a limited license to access and use Briteclick in accordance with these Briteclick Terms and the instructions and guidelines posted on Briteclick including our EULA found at http://www.Briteclick.com/license.html. Briteclick reserves the right to terminate your license to use Briteclick at any time and for any reason or to charge for commercial usage in the future.
2. User Responsibility
You are solely responsible for your use of Briteclick. Because Briteclick merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Briteclick, Inc., and Briteclick makes no claim of accuracy of any user-posted material. Briteclick allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under the control of Briteclick, and Briteclick is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on Briteclick does not imply any endorsement by or any affiliation with Briteclick. In accessing Briteclick or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using Briteclick.
2.1 You understand that the Services provide you with the ability to link to and display third-party media and information (collectively, “Third-Party Media”) and that you are solely responsible for the use of such Third-Party Media and any such information that you intentionally or unintentionally communicate to others.
2.2 You agree to comply with the laws and relevant regulations of the United States of America with regard to the use of any information accessed via the Services. If you are located outside of the United States of America, you also agree to comply with the laws and relevant regulations of the country, state or territory in which you are located, to the extent such laws and regulations are more stringent than the laws and regulations of the United States of America with regard to the use of any information accessed via the Services.
2.3 You agree to not (i) use any method to intercept or expropriate any system data or information from the Services without the express written permission of Briteclick; or (ii) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Services web pages or the content contained herein.
3. License Grants
We grant you a limited license to make personal use only of the Services in accordance with these Terms. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, lease, timesharing or other similar use of the Services, making any derivative work of the Services or any portion thereof.
You grant us a license to host the content that you provide to Briteclick via the Services for the benefit of your use of the Services, and for us to make such content available to other Users or any end-user seeking information regarding the subject matter of the content.
4. Nature of Use of the Service. You agree to not use the Service to:
4.1 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, pornographic, adult, mature, gambling-related, violent, hate-related, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
4.2 harm minors in any way;
4.3 link, upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law, or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or confidential medical information);
4.4 link, upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party without such party’s authorization;
4.5 link, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
4.6 link, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.7 interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
4.8 intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
While we use commercially reasonable security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Services, information will be transmitted over a medium that is beyond our control. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURES, INTENTIONAL INTRUSION, OR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THESE SERVICES.
6. Discontinuation, Suspension and Termination of the Services or Access to the Services
You may discontinue use of the Services at any time by sending a message via the applicable Service requesting this change to the entity(ies) that granted your access to such Service. We are not responsible for canceling your use of the Services.
We reserve the right, for any reason, at our sole discretion and without notice to you, to add to, change, suspend or discontinue any aspect of the Services, and we will not be liable to you or to any third party for doing so. Briteclick periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Briteclick shall have no liability whatsoever for (i) the resulting unavailability of the Services, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, or nondelivery of information caused by system outages, or (iv) any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services.
If we believe you have violated these Terms or otherwise abused the use of these Services, we reserve the right, at our sole discretion, to suspend or discontinue your access to and use of the Services.
7. Intellectual Property (Trademarks & Copyrights)
Briteclick, the Briteclick logo and the Briteclick design, as well as "Briteclick, Inc.", the Briteclick, Inc. logo, are the trademarks or trade dress of Briteclick, Inc., and may not be used without express written permission from Briteclick, Inc., other than for attribution. All other trademarks not owned by Briteclick, Inc. that appear on Briteclick and within Briteclick applications are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Briteclick, Inc. Briteclick-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Briteclick and its licensers and protected by United States and international copyright laws. Except as set out in these Briteclick Terms, no reproduction of any Briteclick-originated content is permitted without written permission from Briteclick.
Any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
8. No Warranty and Limitation of Liability
Briteclick PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Briteclick SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use Briteclick at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL Briteclick OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT Briteclick HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH Briteclick SHALL BE TO TERMINATE USE OF Briteclick. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Briteclick and you are independent entities, and nothing in the Briteclick Terms, or via use of Briteclick, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Briteclick and you.
These Briteclick Terms supersede any previous agreement related to your use of Briteclick and represent the entire agreement between Briteclick and you with regard to your use of Briteclick. These Briteclick Terms are governed by the laws of the State of California without reference to conflict of laws principles. If any provision of the Briteclick Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Briteclick Terms will not be prejudiced, and the illegal or unenforceable provision of the Briteclick Terms shall be severed accordingly. Any notices may be sent to Briteclick in English at Briteclick's contact page located at http://www.briteclick.com/about.html.