This is an agreement between you and Immedia Semiconductor, LLC (“Blink“). Please read these Blink Terms of Service and the other applicable rules, policies, and terms available at Blink’s website, or on or through the Blink Device or its companion app (collectively, this “Agreement”) before using Blink websites, devices, products, services, and applications (“Blink Services”). By using Blink Services, you agree to be bound by the terms of this Agreement. Please read them carefully. If you do not accept the terms of this Agreement, then you may not use Blink Services. This includes Blink devices, which you may return in accordance with our return policy. Please also review our Privacy Notice and Cookie Notice.

For the purpose of these Terms of Service:

• “Blink Device” means the Blink hardware products, including without limitation Blink devices and related accessories.

• “Blink Recordings” means all audio, video, images, or other types of recordings made by Blink Devices or provided to us in connection with Blink Services.

• “Software” means all software that we make available to you for use of Blink Services, including Blink app (or website) that provides access to video clips, Blink Services, Blink Device settings, and other information.

1. PRIVACY

Please review our Privacy Notice, and Cookie Notice, which also govern your use of Blink Services, to understand our practices.

1. ELECTRONIC COMMUNICATIONS

When you use any Blink Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through Blink Services. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

1. COPYRIGHT

All content Blink or its affiliates make available through any Blink Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Blink, its affiliates, or its content suppliers and is protected by Canadian and international copyright laws.

1. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Blink Service are trademarks or trade dress of Blink or its affiliates in the US and other countries. Blink’s trademarks and trade dress may not be used in connection with any product or service that is not Blink’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blink. All other trademarks not owned by Blink that appear in any Blink Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blink.

1. PATENTS

One or more patents owned by Blink apply to the Blink Services and to the features and services accessible via the Blink Services. Portions of the Blink Services may operate under license of one or more patents.

1. LICENSE AND ACCESS

Subject to your compliance with these Terms of Service, and your payment of any applicable fees, Blink or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Blink Services. This license does not include any resale or commercial use of any Blink Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Blink Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by Blink or its licensors, suppliers, publishers, rights holders, or other content providers. No Blink Service, nor any part of any Blink Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Blink. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blink without express written consent. You may not use any meta tags or any other "hidden text" utilizing Blink’s name or trademarks without the express written consent of Blink. You may not misuse the Blink Services. You may use the Blink Services only as permitted by law. The licenses granted by Blink terminate if you do not comply with these Conditions of Use or any Service Terms.

1. INTELLECTUAL PROPERTY COMPLAINTS

Blink respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

1. YOUR ACCOUNT

You may need your own Blink account to use certain Blink Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province or residence, you may use the Blink Services only with consent of a parent or legal guardian. Blink reserves the right to refuse service, terminate accounts, terminate your rights to use Blink Services, remove or edit content, or cancel orders in its sole discretion.

1. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Blink reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Blink a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant Blink and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Blink for all claims resulting from content you supply. Blink has the right but not the obligation to monitor and edit or remove any activity or content. Blink takes no responsibility and assumes no liability for any content posted by you or any third party.

1. RISK OF LOSS

Risk of loss and title for items purchased by mail pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

1. RETURNS, REFUNDS AND TITLE

Blink does not take title to returned items until we receive the item. At our discretion, a refund may be issued without requiring a return. In this situation, Blink does not take title to the refunded item. For more information about our returns and refunds, please contact Blink Customer Support.

1. PRODUCT DESCRIPTIONS

Blink attempts to be as accurate as possible. However, Blink does not warrant that product descriptions or other content of any Blink Service is accurate, complete, reliable, current, or error-free. If a product offered by Blink itself is not as described, your sole remedy is to return it in accordance with our Return Policy.

1. APP PERMISSIONS

When you use apps created by Blink, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

1. SOFTWARE TERMS

The following terms (“Software Terms”) apply to any Software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Blink Services. 

1. Use of Blink Software. You may use Blink Software solely for purposes of enabling you to use the Blink Services as provided by Blink, and as permitted by these Terms of Service. You may not incorporate any portion of the Blink Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Blink Software in whole or in part. All software used in any Blink Service is the property of Blink or its software suppliers and is protected by United States, Canadian and international copyright laws.

2. Use of Third Party Services. When you use the Blink Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Blink Software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the Blink Software at any time and without notice to you.

5. Conflicts. In the event of any conflict between these Terms of Service and any other Blink or third-party terms applicable to any portion of Blink Software, such as open-source license terms, such other terms will control as to that portion of the Blink Software and to the extent of the conflict.

6. Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the Amazon Software.

1. USE OF SERVICES

1. Information. The Software will provide Blink with information about your use of Blink Services (such as when motion alerts are triggered). This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with our Privacy Notice.

2. Information Provided To Others. You are responsible for any information you provide to others using Blink Services. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

3. Functionality; Information Purposes Only. We do not guarantee that Blink Services, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. Blink Services are provided for informational purposes only. You agree that Blink is not responsible for any damages caused by the failure or delay of Blink Services, regardless of whether such failure or delay is within Blink’s control. Blink does not offer a monitored security service or an emergency notification service. You understand that Blink will neither monitor emergency notifications nor dispatch emergency authorities to your home.

4. Compliance with Law. You are responsible for ensuring that your Blink Recordings and use of Blink Services comply with any applicable laws, including any laws relating to the recording and sharing of video or audio content involving other people, and any laws requiring notice or consent for video or audio recording. You may not use Blink Services in any manner that does not comply with this Agreement. Without limiting the previous sentence, you may not use Blink Services, including to record video, in a manner that is illegal, obscene, defamatory, invades privacy, infringes intellectual property (including publicity rights), or otherwise injures third parties or is objectionable. Blink is not liable for your use of Blink Services or your Blink Recordings.

5. Blink Recordings. Blink Recordings are streamed to the cloud when motion is detected or you initiate recording. Blink processes and retains your Blink Recordings in the cloud to provide and improve our products and services. You give us all permissions we need to use your Blink Recordings to do so. These permissions include, for example, the rights to copy your Blink Recordings, modify your Blink Recordings to generate clips, use information about your Blink Recordings to organize them on your behalf, and review your Blink Recordings to provide technical support.

1. Connectivity and Availability

1. Internet and Wireless Connectivity. Your Blink Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.

2. Availability. Some Blink Services may be unavailable, vary (by device or geography, for example), or be offered for a limited time. In addition, if your Blink Services require wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Services or other features of your Blink Device. We are not responsible for the unavailability of wireless data services or any corresponding loss of Services.

1. GENERAL

1. Suspensions and Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. We may terminate the Agreement or restrict, suspend, or terminate your use of Blink Services at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of Blink Services or harms our interests or those of another user of Blink Services. If your use of Blink Services is restricted, suspended, or terminated, you may be unable to access your video clips and you will not receive any refund or any other compensation. In case of termination, Blink may immediately revoke your access to Blink Services without refund. Blink’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

2. Contact Information. For help with your Blink Device, Blink Services, or resolving other issues, please contact Blink Customer Service.

1. SANCTIONS AND EXPORT POLICY

You may not use any Blink Service if you are the subject of Canadian sanctions or of sanctions consistent with Canadian law imposed by the governments of the country where you are using Blink Services. You must comply with all Canadian or other export and re-export restrictions that may apply to goods, software (including Blink Software), technology, and services.

1. OTHER BUSINESSES

Links to the sites of affiliated companies and other businesses may be available through Blink Services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Blink. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Blink does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE BLINK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLINK SERVICES ARE PROVIDED BY BLINK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLINK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLINK  SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BLINK SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BLINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLINK DOES NOT WARRANT THAT THE BLINK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLINK SERVICES, BLINK'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BLINK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BLINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BLINK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BLINK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

1. APPLICABLE LAW AND DISPUTES

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Blink Service, or to any products or services sold or distributed by Blink or through Blink Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon.ca will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(Not applicable to Quebec consumers) By using any Blink Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Washington, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon.ca.

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Blink shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

1. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE TERMS OF SERVICE

We reserve the right to make changes to our site, policies, Privacy Notice, Cookie Notice, and all or any portion of this Agreement, at any time. Your continued use of Blink Services after the effective date of the revised Agreement constitutes your acceptance of the terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

1. OUR ADDRESS

Immedia Semiconductor, LLC

100 Riverpark Drive

North Reading, Massachusetts, USA 01864

1. HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Blink accepts service of subpoenas or other legal process only through Amazon’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:

Amazon.com, Inc.

Corporation Service Company

300 Deschutes Way SW, Suite 304

Tumwater, WA 98501

Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; device serial number for Blink Devices; and IP address and complete time stamps.

1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your written complaint to our Copyright Agent at:

Copyright Agent

Amazon.com Legal Department

P.O. Box 81226

Seattle, WA 98108

USA

Phone: (206) 266-4064

E-mail: copyright@amazon.com 

Courier address:

Copyright Agent

Amazon.com Legal Department

2021 7th Avenue

Seattle, WA 98121

USA 

Written claims concerning copyright infringement must include the following information:

• A physical or electronic 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 upon;

• A description of where the material that you claim is infringing is located on the site;

• Your address, telephone number, and e-mail 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.

Please note that this procedure is exclusively for submitting notices of intellectual property infringement.