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Terms of Service

These Terms of Service comprise the agreement between Immedia, Inc., a Delaware corporation (“Immedia,” the “Company,” “we” or “us”), and you or the entity you represent (collectively, “you”), governing your use of this website www.blinkforhome.com (the “Site”) and the Services (as defined below). In addition, you acknowledge and agree that you shall also be subject to any posted rules or guidelines that may be applicable to our Site and Services, which may contain terms and conditions in addition to those in these Terms of Service, such as our Privacy Policy at www.blinkforhome.com/privacy.

AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE SITE, PURCHASING OUR PRODUCTS, DOWNLOADING OUR APPS OR OTHERWISE USING OUR SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND ACKNOWLEDGE THAT THESE TERMS OF SERVICE CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, PLEASE DO NOT USE, OR CEASE USING, OUR SITE AND SERVICES. IF YOU ACCEPT OR AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE.

We expressly reserve the right to modify these Terms of Service from time to time in our sole discretion without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of our Site or Services after such modifications will constitute your acknowledgement and acceptance of the modified Terms of Service and your agreement to abide and be bound by the modified Terms of Service.   These Terms of Service were last updated on:  Oct 12, 2016

DESCRIPTION OF SERVICES

Immedia is the company behind the smart HD home monitor (the “Product”) that lets you see and hear what’s happening in your home when you are away. Our Product automatically captures video and audio when motion is detected and uploads them to our servers in the cloud, where it can then be accessed via our mobile software applications (the “Apps”). Our Site and all related products, mobile applications and services are collectively referred to as the “Services.”

We may change, suspend or discontinue the Services at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services without notice or liability. You may only use the Site and Services for your own personal, non-commercial use in your own residence and not for the use or benefit of any third party and only in a manner that complies with all applicable laws, rules, regulations, tax requirements, ordinances and permits and all union, trade group and trade association requirements (“Applicable Laws”) that apply to you and in accordance with these Terms of Service. You will be solely responsible if your use of the Site or Services violates any Applicable Laws or these Terms of Service.

Any software embedded or incorporated in our Products is licensed to you and not sold. Accordingly, subject to these Terms of Service, we grant you a limited, non-exclusive, non- transferable, revocable license to use any such software solely in connection with your permitted use of the Products and Services.  In the event you violate applicable law or these Terms of Service, this license will immediately terminate.

The Site and Services are intended solely for persons who are the age of majority in their jurisdiction of residence, and any access to or use of the Site or Services by anyone under the age of majority in their jurisdiction of residence is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are the age of majority or older in your jurisdiction of residence.

ACCOUNT INFORMATION/PRIVACY POLICY

You may view publicly accessible information and email us as an unregistered visitor to our Site. However, in order to pre-order or otherwise purchase our Products, download our Apps or otherwise access our Services, you will be required to create an account, and your use of the account shall at all times be governed by these Terms of Service and our Privacy Policy. At the time of registration, we will request that you provide your name and email address. In addition, before you can pre-order or order Products, you will also need to provide us with a credit card number, as discussed more fully below. You can edit this information at any time. Your account is at all times the property of the Company, and we reserve the right to monitor the use of your account for any purpose. We shall have sole discretion to disclose and share the information that you provide as part of your account, as well as all communications and information that you submit to or through our Site or in connection with our provision of Services, subject to the terms and conditions of our Privacy Policy.

In creating and using your account, you agree to provide true, accurate, complete and current information on any registration form required and maintain and promptly update the account information to keep it true, accurate, current and complete. You also acknowledge and agree that you may not have more than one active account. If you provide any account information that is not, or we reasonably suspect is not, true, accurate, current and incomplete, or if you create more than one active account, we may suspend or terminate your account and our Services and refuse any and all current or future use by you of your account or our Site or Services in our sole discretion.

PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

We own the intellectual property rights to the design of and the information on and in the Site and the Services, including the name of the Site and the Services and the look and feel of the color combinations, button shapes, and other graphical elements of the Site and the Services. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade-secret laws, as well as other proprietary rights. For example, we own a copyright on the selection, organization, arrangement, and enhancement of the Site and the Services, as well as on our original content on the Site and the Services.   We reserve the right to prosecute violations of our intellectual property rights to the full extent of the law.  Where permissible by law, you agree to pay the costs and expenses, including reasonable attorneys’ fees, relating to any claim or cause of action by us relating to your violation or threatened violation of our intellectual property rights.

If, in your view, any copyright or other intellectual property right (“IP Right”) that you may have is being infringed by/on the Site or the Services, please inform us immediately using the Contact information below and on the Site.

All content and software (if any) that is made available to view and/or download in connection with the Site or the Services is owned by and is the copyrighted work of Immedia Semiconductor, Inc. its subsidiaries, affiliates, and/or its sponsors or suppliers and is protected by copyright laws and international treaty provisions.

COPYRIGHT VIOLATIONS

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing (e.g., on the Consumer Site, Developer Site, etc.);
    • Your address, telephone number, and email address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by mail at: Copyright Agent, Immedia Semiconductor, 100 Burtt Road, Suite 00, Andover, Massachusetts, USA, 01810; or info@blink.com.

SECURITY

We use certain encryption technologies and other reasonable precautions to protect the privacy and security of your account. However, you are ultimately responsible for protecting such information from disclosure to third parties, and you are not permitted to circumvent the use of any applicable encryption technologies or other security measures. You agree not to allow anyone to have access to your account, to notify us immediately of any unauthorized use of your account or account information or any other breach of security.

While we may implement reasonable precautions to protect your account data and other confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet and stored on servers is secure. You are always responsible for use of your account by yourself and others, including those persons that gained unauthorized access to your account through your acts and omissions.

You are prohibited from violating, or attempting to violate, the security of our Site or Services. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigation.

YOUR RESPONSIBILITIES

You may use the Site and the Services for lawful purposes only.   You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, reverse engineer, transfer or sell any information, software, products or services obtained from the Services or the Site.

You may not submit or transmit through the Site or the Services any information, content, or material or otherwise engage in any conduct that:

  1. Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
  2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
  3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Impersonates any person, business, or entity, including Immedia and its employees and agents;
  5. Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
  6. Encourages conduct that would constitute a criminal offense or give rise to civil liability;
  7. Violates these Terms of Service, guidelines, or any policy posted on the Site or Services; or
  8. Interfere with the use of the Site or Services by others.

You may not use our Site or Services:

  1. For your own commercial gain;
  2. To offer any form of advertising or promotion without our prior written consent;
  3. To provide any false personal information or any personal information, content, or material on account of anyone other than yourself without permission; or
  4. To avoid the age restrictions or enable another person to avoid the age restrictions.

You are responsible for any and all activity relating to your password, login, or use of the Site or Services.

You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Site or Services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Service .

You may not use the Site or the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site or the Services to violate the terms of this section. We may terminate your access or use of the Site or the Services immediately and take other legal action if you, or anyone using your access to the Site or the Services, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

We reserve the right to remove any of your information, content, or material from the Site or the Services if it violates these Terms of Service.

PRE-ORDERS AND ORDERS

Our Products and Services are available for ordering online.  All payments are processed by third party payment processors.  If you place an order, you will be immediately directed away from our Site to the website of a third party payment processor, which will charge your credit card (or other approved facility) for payment for any pre-orders and/or orders of Products made by you. If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Site to contact us.

You understand and agree that you will be subject to terms and conditions governing the use of the third party payment processor’s service and personal information collection practices. Please review such terms and conditions and privacy policy before using their services. We, or our third party payment processor, may also use credit agencies for the purpose of checking your credit, and by placing an order for our Products or Services you authorize us to provide such credit agencies with any necessary credit card and billing payment information they require in order to verify your credit.

The company may from time to time offer products that are projected to ship at a future date (the “Pre-Order Ship Date”). In the event that the Pre- Order Ship Date is delayed, we will notify you of the anticipated new Pre-Order Ship Date. You may cancel any Pre-Order prior to the Pre-Order Ship Date and request a refund, but after the Pre-Order Ship Date, the Pre-Order becomes non-refundable. Products ordered following full commercial launch of such Products will be subject to our standard cancellation and return policy then in effect.

WITHOUT LIMITING ANY OTHER DISCLAIMERS CONTAINED HEREIN, YOU UNDERSTAND THAT ALL PRE-ORDER PRODUCTS ARE CURRENTLY UNDER DEVELOPMENT AND NUMEROUS TECHNICAL, FINANCIAL AND PRACTICAL OBSTACLES MAY AFFECT THE FINAL SPECIFICATIONS AND FUNCTIONALITY OF SUCH PRODUCTS, AS WELL AS OUR ABILITY TO DELIVER THEM TO YOU BY THE PRE-SALE ORDER SHIP DATE OR AT ALL. WE MAKE NO WARRANTIES OR REPRESENTATIONS, NOR WILL WE BE LIABLE OR RESPONSIBLE, WITH RESPECT TO ANY OF THE FOREGOING.

TAXES

You acknowledge and agree that we may be required by applicable tax laws in certain jurisdictions to collect and pay applicable sales, use, value added, goods and services, withholding or other taxes, duties or charges (“Taxes”) in connection with the sale of Products and other Services. In addition, we may be required by applicable tax laws to file certain forms or other information for tax reporting purposes, and you agree to provide us with such forms or other information. Because tax laws vary significantly by jurisdiction and locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with your tax advisors. You acknowledge and agree that you are responsible for determining any Taxes to be collected or other obligations relating to Taxes with respect to all purchases of our Products and use of our Services.   You agree to reimburse Immedia for any penalties, costs, damages or fees relating to your nonpayment of applicable taxes.

THIRD PARTY INFORMATION AND LINKS

The Site or the Services may contain links to third party Web sites (“Linked Sites”), and may incorporate information obtained from third parties (“Third Party Information”). The Linked Sites and Third Party Information are not under our control and we are not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, reliability, legitimacy or validity or any links, products, services or any other aspect of the Linked Sites. We are not responsible for any form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly.  Links and other information are provided to you only as a convenience, and the inclusion of any link or Third Party Information does not imply our endorsement or recommendation of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties conducted through the Site or the Services or Linked Sites, including but not limited to the delivery of and the payment for our Products and Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party.  Immedia shall not be responsible or liable for any part of any such dealings.

In addition, providing links to these websites should not be interpreted as endorsement or approval by us of the organizations sponsoring such third-party websites or their products or services.

PROHIBITED ACTIVITIES

In using our Site and Services, you must not (i) send or otherwise transmit to or through our Site or Services any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material or terms of any kind, (ii) violate any Applicable Laws, (iii) misrepresent your identity or affiliation in any way, (iv) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure, (v) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for Internet search engines (e.g., Google) and non-commercial public archives that comply with our requirements, (vi) interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means, or (vii) assist or permit any persons to engage in any of the activities described above.

TRADEMARKS

All trademarks, service marks, logos and trade names on our Site or Services, whether registered or unregistered, are proprietary to us or to other persons or entities where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the owner thereof.

CANCELLATION

At any time, we may, in our discretion and without owing any liability to you, with or without cause or prior notice, terminate your access to our Site and Services and deactivate or cancel your account. Upon any such termination, deactivation or cancellation, we will pay you within a commercially reasonable time any amounts that we determine are properly owed to you, and you will remain liable for all amounts due hereunder. You may cancel your account at any time by sending an email to info@immediasemi.com.

INTERNATIONAL USE/WEB HOSTING IN THE UNITED STATES

This Site originates in and is operated from the United States. Accessing the Site or the Services from territories where the content is illegal is expressly prohibited.  If you choose to access the Site or the Services from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations that apply to you, including those relating to the transition of technical data exported from or imported to the country in which you reside.  The following provisions apply to users who access, use or otherwise interact with the Site outside the United States: (a) you consent to having your Personal Data transferred to and processed in the United States, and (b) you will not use the Site if you are prohibited from receiving products, services, or software originating from the United States.

DISCLAIMERS

IF YOU CHOOSE TO USE OUR SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SITE AND SERVICES, AND ANY CONTENT IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY REGARDING THE QUALITY OF OUR SITE OR SERVICES, OR ANY CONTENT IN CONNECTION THEREWITH OR THAT THE FOREGOING WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SITE OR SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, COMPENSATORY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS OR YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, SYSTEM DAMAGE OR FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN IN PROVIDING OUR SITE AND SERVICES TO YOU AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITIES SO THE FOREGOING EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY AND RELEASE

To the extent permitted by applicable law, you agree to indemnify, defend and hold us and our directors, employees, agents, affiliates, insurers and contractors harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with (i) your access to or use of (or inability to access or use) the Site and Services, (ii) your purchase of Products, (iii) your violation of these Terms of Service, (iv) your User Submitted Content, and (v) your interaction with other users of our Site and Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

If you use our Site or Services to connect with and/or enter into a contract with another user of our Site or Services, you hereby release and hold us harmless from any and all losses, damages, rights, claims, and actions of any kind, including but not limited to personal injury or property damage, either directly or indirectly related to or arising from your connecting or contracting with such other user.

MISCELLANEOUS

Any notices or other communications by you or us must be in writing and given via email to, as applicable, your address stated in your account or our address stated on our Site. In addition, we may provide notice to you by posting to our Site or via our Services. All such notices shall be deemed to have been given when sent.

These Terms of Service shall be governed by the laws of Massachusetts without regard to choice of law principles.  You also agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. All disputes, controversies or claims which arise out of or relate in any way to these Terms of Service shall be finally and exclusively resolved by arbitration held in Boston, Massachusetts, USA and conducted by a single arbitrator under the JAMS Streamlined Rules and in accordance with the Consumer Arbitration Minimum Standards as may be amended from time to time. The arbitrator will have no authority to award any damages that are excluded by these Term of Service. Any award by the arbitrator may be enforced in any court having jurisdiction.  Notwithstanding the foregoing, Immedia may seek injunctive relief to protect its IP Rights.  In the event of any action to enforce these Terms of Service, the prevailing party in such action shall be entitled to such party’s reasonable costs and expenses of enforcement including, without limitation, reasonable attorneys’ fees. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You may not assign or delegate your rights or obligations under these Terms of Service, by operation of law or otherwise, to any third party without our prior written consent. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns and legal representatives.

Our failure to enforce at any time a provision of these Terms of Service or our other rights herein will not be considered to be a present or future waiver of such provision or right and will not in any way affect our ability to enforce each and every such provision and right thereafter. If any provision of these Terms of Service is held invalid or unenforceable at law, such provision will be deemed stricken from these Terms of Service and the remaining provisions of these Terms of Service will continue in effect and be valid and enforceable to the fullest extent permitted by law.

These Terms of Service represent the entire agreement between the parties concerning the subject matter hereof and supersede any and all prior understandings, agreements or representations by or among the parties, whether written or oral, which may relate to the subject matter hereof.

CONTACT US

If you have any questions or comments or wish to send us any notice regarding these Terms of Service, the Site or the Services, please send notice to:

info@blink.com

Immedia, 100 Burtt Road, Suite 100, Andover, Massachusetts, USA 01810

 

Updated: October 26, 2016

 

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