BrightFiction – Terms and Conditions
Terms and Conditions of Use
All use of any BrightFiction developed applications, websites, products or services will be governed by these Terms. By using any BrightFiction developed websites, applications, products or services, the user acknowledges and agrees to these Terms.
We respect your privacy and do not sell or disclose your personal information to others for their direct marketing purposes unless you consent or as otherwise described in our Privacy Statement.
TERMS AND CONDITIONS OF USE
Revised January 18, 2016
1. INTRODUCTION AND ELIGIBILITY
Welcome to BrightFiction related products and services, including:
• BrightFiction-branded and/or developed websites (collectively, “BrightFiction Websites”);
• BrightFiction-branded and/or developed mobile applications (collectively, “Mobile Applications or Apps”); and
• other associated based websites, applications, applets, widgets, tools, calculators, content, social networking components, products, or services made available by BrightFiction.
Collectively, all of the above, are referred to as the “Services.”
The Services are made available to you (individually, “you,” and collectively, “Users”) by BrightFiction (hereafter be referred to as “We,” “we,” “Our,” or “our”), subject to these Terms and Conditions of Use (the “Terms”), which may be modified from time to time without prior notice to you.
Binding Agreement. By accessing, using, or downloading any of the Services, you agree to follow and be bound by the Terms.
Things May Change. We and our third party providers may make improvements and/or changes in the Services, including to the price of fees charged for the Services, at any time without prior notice.
Links and Alternate or Additional Terms or Guidelines. We may require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, “Guidelines”) in order to use particular products, services, and/or features, to participate in certain promotions available through the Services, and/or to receive and/or use some Services that we may offer from time to time. In such cases, you may be required to expressly consent to additional terms set forth in applicable Guidelines. For instance, you might be obligated to check a box or click on a button marked “I agree.” If any of the terms of any Guidelines are different than the Terms, the terms of the Guidelines will supplement or amend the Terms, but only with respect to the matters governed by the Guidelines.
Eligibility. The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services.
If you are a parent or guardian agreeing to the Terms for the benefit of a child over 13, then you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for your child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.
IMPORTANT: WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY AND AT ANY TIME, THE SERVICES OR ANY PORTION OF THEM WITH OR WITHOUT NOTICE. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR TO ANY THIRD PARTY IN ANY WAY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINBFNCE OF ALL OR SOME OF THE SERVICES.
IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES. BY USING THE SERVICES, YOU CONSENT TO THE TERMS AND ALL REVISIONS FOLLOWING YOUR USE.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE SERVICES AND SET THE SERVICES’ PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US AND THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.
2. PRIVACY STATEMENT
The BrightFiction Privacy Statement is incorporated into and part of the Terms. Please review the Privacy Statement carefully for disclosures relating to our collection, use, and sharing of information in connection with the Apps including personal and geographic location information. Click here to review our Privacy Statement.
3. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
We reserve the right, at our discretion, to revise, modify, add, or remove portions of the Terms at any time. By your use of the Services, you obligate yourself to periodically check the Terms for any changes. Your continued use of the Services after the posting of any revisions or modifications to the Terms constitutes your binding acceptance of such changes.
4. PARTNER AND OTHER TERMS AND CONDITIONS
Additional and/or different terms and conditions of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to such terms and conditions before accessing, purchasing, using, or subscribing to such services or products.
5. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES AND BF CONTENT
The Apps and Services are owned and operated by BrightFiction. All content on the Services, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, patents, copyrights, trademarks, trade dress, service marks, and other intellectual property (collectively, “BF Content”) is owned by BrightFiction. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), and any BF Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by BrightFiction or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Service’ software, or any BF Content offered as part of the Services, in whole or in part.
Limited Personal License to You. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Services. You agree not to access the Apps and Services by any means other than through authorized interfaces. You may not download, copy, or save any BF Content or any portion of it, for any purpose, except as permitted by select Services as provided for in the specific Guidelines and/or additional terms applicable to those Services, and in the limited cases where you need to print a copy of individual screens appearing as part of the Services solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms or applicable Guidelines, you may not modify, copy, publish, display, transmit, adapt, or in any way exploit BF Content without our prior written permission.
Our Trademarks and Intellectual Property (Reservation of Rights). We own the terms BrightFiction, Refiul, along with the associated logos, trade dress, service marks, and names of the specific Apps and Services (collectively, the “BF Trademarks”), and they are the exclusive trademarks of BrightFiction as applicable. You may not use or display any such BF Trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed via the Apps are the property of their respective owners. We reserve all rights not expressly granted hereunder.
6. USAGE RULES
Prohibited Conduct & Uses. YOU UNDERSTAND, ACKNOWLEDGE, AGREE AND WARRANT THAT YOU MAY NOT AND THAT YOU WILL NOT:
• use the Services or any personal information or other information displayed on or made available in connection with the Services in any manner not expressly permitted by these Terms and our Privacy Statement.
• use the Services for any commercial or non-personal use, except as permitted by these Terms;
• fail to deliver payment for any Paid Services;
• use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
• attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Apps and/or Services, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with, the proper working of any of the Apps or Services;
• use any robot, spider, scraper, or other automated means to access the Apps or Services for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services, or modify the Services in any manner or form, nor will you use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
Acknowledgment of Our Data Access and Usage Rights. You acknowledge, consent, and agree that we may access, preserve, retain, and disclose your User Data, Payment Method, and other User Content as permitted by these Terms and our Privacy Statement, if we have your consent, or if we are required to do so by law or in a good faith belief that such access, preservation, retention, and/or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BrightFiction, their respective affiliates, Users, and the general public. Subject to the foregoing, we will endeavor to use reasonable security measures to maintain the confidentiality of your User Data and Payment Method information.
The Services may provide, or third parties may provide, links to other websites, applications, services, offers, and/or other resources (collectively, the “Third Party Resources”). Because we have no control over such Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Resources.
8. MOBILE APPLICATIONS
Wireless Carrier Considerations. To use or otherwise access the Mobile Applications, you must have a mobile device that is compatible with the Services and the Mobile Applications. We do not warrant that the Mobile Applications will be compatible with your mobile device. We do not charge for use of some basic Mobile Applications; however, you may be obligated to pay some fees for use of certain premium Mobile Applications. Further, a wireless carrier’s normal messaging, data, and other rates and fees will still apply. You should therefore check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the Mobile Applications may be prohibited or restricted by your carrier, and not all Mobile Applications may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Applications are available for your mobile device, and what restrictions, if any, may be applicable to your use of the Mobile Applications.
User End Licenses. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of a given Mobile Application (Apps) downloaded directly from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control with your Account. An Account is comprised of the shared resources accessible by a single login ID on one mobile device owned or leased solely by you for your personal use.
You may not:
• modify, disassemble, decompile or reverse engineer the Mobile Applications (Apps), except to the extent that such restriction is expressly prohibited by law;
• rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Applications (Apps) to any third party or use the Mobile Applications (Apps) to provide time sharing or similar services for any third party;
• make any copies of the Mobile Applications (Apps);
• remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Applications (Apps), features that prevent or restrict use or copying of any content accessible through the Mobile Applications (Apps), or features that enforce limitations on use of the Mobile Applications (Apps); or
• delete the copyright and other proprietary rights notices on the Mobile Applications (Apps).
You acknowledge and agree that we may from time to time issue upgraded versions of the Mobile Applications(Apps), and may automatically electronically upgrade the version of the Mobile Applications (Apps) that you employ on your mobile device. You expressly consent to such automatic upgrading on your mobile device, and agree that the Terms (and any additional modifications of the same) will apply to all such upgrades. With respect to any open source or third-party code that may be incorporated in the Mobile Applications (Apps), such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.The foregoing license grant is not a sale of the Mobile Applications (Apps) or any copy thereof, and we retain all rights, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms is void.
9. ELECTRONIC COMMUNICATIONS
Your Messages and Responsibilities. The Apps and/or Services may provide you with the ability to send messages and communications to us, our third party service providers, advertisers, and/or other Users. You agree to use communication methods available via the Apps only to send communications and materials related to the subject matter for which we have made available the particular communication method, and you further agree that all such communications by you are deemed your User Content and are subject to and governed by the Terms. By using any of the communications methods available via the Apps and/or Services, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers, or other third parties are not endorsed, sponsored, or approved by us (unless expressly stated otherwise) and (c) communications are not pre-reviewed, post-reviewed, screened, archived, or otherwise monitored by us in any manner, though we reserve the right to do so at any time at our sole discretion in accordance with the Terms. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. CLAIMS OF COPYRIGHT INFRINGEMENT
If you have reason to believe any part of the BF Content infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to the Apps, and to immediately remove or disable the allegedly infringing materials or link.If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on or via the Apps infringes your copyright or (b) any link posted via the Apps links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must comply with the Digital Millennium Copyright Act (“DMCA”), be in writing, and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o BrightFiction LLC
100 Grand Paseo Blvd STE 112 PMB 314
San Juan, PR, 00926
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We welcome your comments, feedback, suggestions, and other communications regarding the Apps and/or Services (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant us a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, fully paid up, royalty-free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, we ask that you not transmit any Feedback that you do not wish to license to us as set forth above.
12. DISCLAIMER OF WARRANTIES AND LIABILITY
THE SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BRIGHTFICTION, REFIUL, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING, WITHOUT LIMITATION, OUR THIRD-PARTY WIRELESS CARRIER PARTNERS) (COLLECTIVELY, THE “BF PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT.THE BF PARTIES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.THE BF PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, SYSTEMS, NETWORKS OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, THE BF PARTIES (INCLUDING, WITHOUT LIMITATION, THEIR THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BRIGHTFICTION, OR OUR SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
REFIUL© IS A TOOL TO FACILITATE REFUELING YOUR VEHICLE BY CALCULATING THE AMOUNT IT WILL TAKE TO FILL YOUR GAS TANK. IT DOES NOT PREVENT, NOR ELIMINATE THE CHANCE OF OVERFILLING. SAFETY MEASURES MUST ALWAYS BE FOLLOWED WHEN REFUELING YOUR VEHICLE. YOU SHOULD NEVER DISREGARD LOCAL SAFETY MEASURES AND DO NOT USE YOUR SMARTPHONE WHILE REFUELING.
YOU EXPRESSLY AGREE TO RELEASE THE BF PARTIES FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SERVICES AND APPS, AND PROMISE NOT TO SUE THE BF PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DEATH, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR USE OF THE SERVICES AND APPS. YOU ALSO AGREE THAT IN NO EVENT WILL THE BF PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF PROGRAMS CREATED, SOLD, OR LICENSED BY US WHILE ENGAGED IN ANY ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES AND / OR APPS, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF THE BF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, THE LIABILITY OF THE BF PARTIES WILL BE LIMITED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
The BF Parties disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including BF Content.
YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA THE SERVICES AND/OR APPS, YOU DO SO AT YOUR OWN DISCRETION AND RISK. THE BF PARTIES DISCLAIM ANY RESPONSIBILITY FOR ANY HARM TO YOU THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES AND/OR APPS.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the BF Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out: (a) your use of the Services, (b) your connection to the Services, (c) your violation of the Terms. 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 under the Terms, and you agree to cooperate with our defense of these claims.
14. LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL ANY OF THE BF PARTIES (INCLUDING WITHOUT LIMITATION OUR THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE SERVICES OR THE ABILITY OR INABILITY TO USE THE SERVICES; (B) THE SERVICES GENERALLY, INCLUDING THE NETWORKS AND SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED WITH THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN CONNECTION WITH THE SERVICES. THIS LIMITATION ALSO APPLIES, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION FURTHER APPIES WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE SERVICES. SUCH LIMITATION APPLIES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances will any of the BF Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment or security failures, telecommunication equipment failures, other equipment failures, hacking, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
15. APPLICABLE LAWS, ARBITRATION, CLASS ACTION WAIVER AND SURVIVAL
U.S. Usage, Consent, and Export Controls. We control and operate the Services from our offices within the United States of America. We do not make any representation that User Content, BF Content, or the Services are appropriate or available for use in other locations, and access to them from territories where the content or use of the Services is illegal is prohibited. Those who choose to access the Services from locations outside of the United States and its territories do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services outside the United States and its territories, you expressly agree to the transfer and processing of any information we collect wherever we may have operations. You may not use or export the BF Content or User Content in violation of U.S. export laws and regulations.Dispute Resolution and Class Action Waiver. Any and all disputes, claims and causes of action arousing out of or relating to the Services, BF Content, usage of Apps Data, personal information, or location information, or the Terms will be resolved individually, without resort to any form of class action, and will be arbitrated and governed by Puerto Rico law and controlling U.S. federal law as applicable, without regard to conflicts of laws as set forth more fully below.
Governing Law. The Terms and the relationship between you and us is governed by the laws of the Commonwealth of Puerto Rico, and federal law as applicable, without regard to the conflict of law provisions of the Commonwealth of Puerto Rico.
Individual, Confidential Arbitration. You and we agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration,
Any such arbitration between you and us, to the extent necessary, will be conducted in San Juan, Puerto Rico, and you waive any right to claim that such location is an inconvenient forum. You covenant not to sue us in any other forum.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association, as modified herein. You and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Apps and/or Services:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Only if this arbitration provision is deemed to be null and void, then all disputes arising between you and us under the Terms will be subject to the exclusive jurisdiction of the state and federal courts located in or having jurisdiction over San Juan, Puerto Rico, and you and we hereby submit to the personal jurisdiction and venue of these courts.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Apps and/or Services. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, 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 Terms remain in full force and effect. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Apps and/or Services. Our notice to you via email, or notices or links displayed in connection with the Apps and/or Services constitutes acceptable notice to you under the Terms. Notice will be deemed received forty-eight hours after it is sent if transmitted via email. In the event that notice is provided via links displayed in connection with the Apps then it will be deemed received twenty-four hours after it is first displayed.Sections 5, 12, 13, 14, 15, and 16 will survive termination of your Apps or Services usage, and/or the Terms.
©2016, BrightFiction LLC. All Rights Reserved.