Last updated: April 2008
blinkx, Inc. (referred to here as "blinkx") provides its Service (as defined below) to you subject to this Terms of Service agreement ("TOS"). blinkx may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes. By continuing to use the Service, you signify your binding acceptance of the TOS, as published on the blinkx website ("Site") and you represent that you are of legal age to form a binding contract.
The "Service" includes (a) the Site, (b) the services provided by the Site and by the blinkx software made available through the Site, and (c) all data, text, images, sounds, video, content, programming and software made available through the Site or services, or developed under the blink software API ("Content"). Any new features added to or augmenting the Service are also subject to this TOS.
You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service. You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with blinkx. You acknowledge that blinkx may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.
Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:
blinkx agrees to protect your personal information as described in the Privacy Policy published on the Site at http://www.blinkx.com/privacy. You agree that blinkx can export your information to any country as operationally necessary, even if that country's privacy laws are weaker or different from the privacy laws of your country and that blinkx can use and transfer your personal information to the extent provided in the Privacy Policy.
If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the blinkx immediately, in writing at info@blinkx.com
*READ THIS CAREFULLY* You understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, blinkx expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. blinkx makes no representations or warranties about the accuracy or completeness of the Content made available through the Service or the content of any websites linked to the Site. blinkx does not warrant, endorse, guarantee, or assume responsibility for any product, application or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and blinkx will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, applications or services. As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from blinkx or through the Service shall create any warranty not expressly stated in this TOS.
*READ THIS CAREFULLY* You understand and agree that blinkx shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if blinkx has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of blinkx shall not exceed the amount of fifty United States dollars (US$50).
You agree, at your own expense, to indemnify, defend, and hold harmless blinkx, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to your use of or access to the Service, or violation of this TOS by you.
The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
This TOS shall be governed by and construed in accordance with the laws of the State of California, without regard to its principals of conflicts of law. Any action brought by you against blinkx arising out of this TOS shall be brought exclusively in the courts located in Santa Clara County, California, and any action brought by blinkx against you arising out of this TOS shall, at the election of blinkx, be brought in either the courts located in Santa Clara County, California, or the applicable courts of the jurisdiction in which you reside at blinkx absolute and sole discretion. You and blinkx hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This TOS and the rights and licenses it grants or receives may be assigned or transferred by blinkx without restriction.
One or more patents apply to this site and to the features and services accessible via the site, including without limitation: US pending patent application 20080086688, US patent application publication 20090119169 and 20090089830; and all continuation patent, continuation-in part patents, and divisional patents and corresponding foreign counterparts.
Your privacy is important to us and blinkx makes every effort to ensure that all of our products protect your privacy. blinkx Beat is not adware, nor does it make any record of Internet usage. Most importantly, blinkx Beat never removes, copies, forwards, amends or allows access to your information by third parties. Your information remains private and stays on your computer.
© 2010 blinkx