Terms & Conditions
Welcome to Blink’s Terms and Conditions (the “Terms”). The lawyers made us do it - so here are the rules we impose on all individuals that use the Blink mobile application (the “App”) (“Member” or “Members”). The terms constitute a contract between the Member and Blink Date Inc. (“Blink”). Please review the Terms before using the App. Once a Member accesses, views, or uses the App, Member shall be legally bound by these Terms.
Blink’s Rules
Before Member can join and use the App, Member must first register for an account (“Account”) and must:
Be at least 18 years old; and
Be legally permitted to use the App by law.
Once Member creates an account, Blink will have access to certain personal information. For more about what information Blink uses and how, please review Blink’s Privacy Policy.
If a Member wants to delete their Account, they may do so at any time by going to “Settings” when logged in, clicking “Contact Blink”, and requesting that their account be deleted. The Account will be deleted within a reasonable time, but certain information may not be completely removed from the App immediately. Blink may save the Member’s profile information in case the Member decides to restore the Account. If a Member deletes their Account and tries to create a new one within 60 days of deactivating using the same credentials, Blink will reactivate the Account.
Blink reserves the right at its sole discretion to terminate or suspend any Account, at any time, without liability and without prior notice.
Types of Content
There are a few types of content a Member will have access to on the App:
Content that the Member uploads and provides;
Content that Members provide; and
Content that Blink provides.
Prohibited Content
Although it is important to Blink that Members to express themselves freely, Blink prohibits certain content, including but not limited to:
Obscene, pornographic, violent, or otherwise offensive
Defamatory or libelous
“Junk” mail or spam
Contains certain language or imagery which may be deemed offensive
Language that is likely to harass, embarrass, or alarm another person
Abusive, threatening, insulting, or discriminatory
Promotes or encourages racism, sexism, bigotry, or hatred
Encourages any illegal activity
Relates to commercial activities
Shows another person and was created without the person’s consent
Contains viruses, corrupt files, spyware and anything of the like that is designed to interrupt or damage functionality of software, hardware, etc
Blink has a zero tolerance policy for any such content.
Blink’s Content
All content on the App is the sole property of Blink. Any text, content, interfaces, trademarks, sounds, logos, artwork, and other intellectual property (“Blink Content”) appearing on Blink are owned and controlled or licensed by Blink and are protected by copyright, trademark and other such IP laws.
Blink grants Members a non-exclusive, limited, personal, revocable and non-transferable right to access such Blink Content while using the App. Members shall not use, sell, modify, or distribute Blink Content except as permitted by the App, shall not create derivative works or commercially exploit Blink Content, and shall not use Blink Content for unlawful purposes. Blink reserves all other rights.
Member’s Content
Members may choose to upload, submit, or reveal personal content or information (“Member’s Content”). Each Member is responsible and liable for all of the Member's Content and hereby agrees to indemnify, defend, release and hold Blink harmless from any claims made in connection with Member’s Content. If Member chooses to reveal any personal information to other users, whether via the Blink Date, e-mail, or in-app messaging function, it is at Member’s own risk. Blink is a community and Member’s Content will be visible to other users. Member hereby agrees, by using the app, that Member’s Content may be viewed by any other person with access to the App. By uploading Member’s Content to Blink, Member represents and warrants that they have all the necessary rights and licenses to do so and automatically grant Blink a non-exclusive, royalty free, perpetual, worldwide license to use Member’s Content in any way. Blink may assign and/or sublicense the license to any affiliates or successors without any further approval.
Other Members that use Blink will also share content via the App (the “User Content”). Such User Content is owned by the Member who posted it. Such information is stored on Blink’s servers and displayed via the App at its direction. Member does not have any rights related to any other Member’s content. Member agrees to not use such information for commercial purposes, to harass, spam, or make unlawful threats. If Member misuses any other Member’s information, Blink reserves the right to terminate Member’s Account. All User Content is subject to terms and conditions of Section 512(c) and 512(d) of the Digital Millennium Copyright Act 1998.
App Use
Be kind to other Members. By using the App, Members hereby agrees to:
Use their real name on the profile
Use the App in a professional manner
Comply at all times with applicable laws
Not act in an unlawful or dishonest, abusive, or discriminatory manner
Not misrepresent their identity
Members can report another Member directly from the profile or in the Evalu-Date or chat function.
Blink may send Members emails, text messages, notifications, alerts, and other correspondence related to the App. After downloading the App, Members will be asked to accept or deny push notifications. Members can change their alerts in their mobile settings at any time. Members can also opt to unsubscribe from other notifications or correspondence by emailing contact@theblinkdate.com.
Members also agree to abide by Blink’s member guidelines.
Privacy
For more information on Blink’s use of Members’ personal data, please review Blink’s Privacy Policy. By using the App, Member agrees Blink can use such data in accordance with Blink’s Privacy Policy.
Disclaimer
The App, website, Blink Content, and User Content are all provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose or title. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Blink grants the minimum express or implied warranty required by law. No information or advice, whether written or oral, shall create any warranty, representation, or guarantee not expressly stated herein.
Additionally, Blink does not make any warranties that the App or website will be secure or error free or that use of such will meet Members’ expectations. Blink makes no warranty that any content on the App, website, Blink Content or Member Content is correct, reliable, or accurate. Members use the App at their own risk.
Blink is not responsible for any Member conduct. Blink does not conduct background checks on Members.
Blink, nor any owner or member of Blink, will not be liable for any damages, direct, indirect, consequential, special, incidental, or punitive , including without limitation, loss of data, income, loss or damage to property and claims of third parties arising from access to or use of the App, website, Blink Content, User Content, however caused, whether based on breach of contract, tort, negligence, infringement, product liability, or any other cause.
Members’ sole and exclusive remedy is to stop using the App and/or website. By using App, Member hereby waives any and all claims arising out of Member’s use. Some jurisdictions do not allow the disclaimer of certain warranties or limitations of damages. If any portion of this limitation of liability if found to be invalid or unenforceable for any reason, then Blink’s aggregate liability shall not exceed two hundred dollars ($200). This limitation is fundamental to the basis of the bargain and reflects an allocation of risk. Such exclusive remedies shall survive even if the essential purpose has been found to fail.
Indemnity
Member agrees to indemnify, defend, release, and hold Blink and Blink’s partners, licensors, affiliates, contractors, directors, employees, officers, representatives and agents harmless, from and against any third party claims, damages (actual and/or consequential), actions proceedings, demands, losses, liabilities, costs, and expenses (including legal fees) incurred by Blink arising as a result of, or in connection with any a) negligent acts, omissions or willful misconduct; b) access and use of the App; c) breach of these terms; d) submission of Member’s Content; and/or d) violation of any law or of any rights of any third party.
Blink retains the right to settle and pay any and all claims or causes of action brought against it without Member’s prior consent. Upon request, Member will cooperate fully and reasonably as required in the defense of any relevant claim.
Digital Millennium Copyright Act
The following is Blink’s policy in accordance with the Digital Millennium Copyright Act (the “DACA”). If Member believes any content infringes upon their intellectual property rights, please submit a DMCA takedown notice which should include the following:
Signature of a person authorized to act on behalf of the owner of the allegedly infringed right;
Identification of the copyrighted work(s) claimed to be infringed;
Identification of the material claimed to be infringing ;
Information sufficient to permit the service provider to contact Member (address, telephone number);
A statement that Member has a good faith belief that use of the material is not authorized by the copyright owner, agent or the law; and
A statement under penalty of perjury, that the information in the notice is accurate and that the Member is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA take down notices should be sent to contact@theblinkdate.com.
App Store
The following terms and conditions shall apply to all Members who download the App from a third party store. To the extent such terms are less restrictive than, or otherwise conflict with, the Terms and Conditions, the more restrictive or conflicting terms and conditions herein shall apply, but solely with respect to the App and the third party store. Member hereby acknowledges and agrees that:
These terms are solely between Member and Blink and not with the providers of the third party stores and Blink is solely responsible for the App and the content thereof.
The third party store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Blink is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The third party store provider will have no warranty obligations with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of Blink.
Blink, not the third party store provider, is responsible for addressing any claims Members or any third party may have relating to the App or Members’ use of the App, including but not limited to a) product liability claims; b) any claim that the App fails to conform to any legal or regulatory standard; c) claims under consumer protection; and/or d) IP infringement claims.
The third party store provider and its subsidiaries are third party beneficiaries of this agreement and upon acceptance of these terms, the third party store provider will have the right to enforce such terms against a Member as a third party beneficiary.
Miscellaneous
These terms, which may be amended from time to time, constitute the entire agreement between Members and bBink. The terms supersede all previous agreements and representations. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
All information is on an “as is” and “as available” basis. Blink does not make any warranty or representation of any kind about the information contained on the App and/or website, express or implied.
Blink reserves the right to make changes to the terms and reserves the right to modify, amend or change such terms at any time. All changes will be posted on this page and will indicate the effective date. By continuing to access or use the App after changes are effective, Members agree to be bound by the revised terms and conditions.
If, for any reason, any of the terms are declared illegal, invalid, or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
Member represents and warrants that:
Member is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
Member is not listed on any U.S. Government list of prohibited or restricted parties.
By using the App, Members acknowledge that Blink is a US-based app operating through servers located around the world, including the US. For Members living in a country with data protection laws, the storage of their personal data may not provide them with the same protections they are accustomed to. By submitting personal information, choosing to upgrade the services used, or making use of the applications available on Blink, Member agree to the transfer of Member’s personal information to, and storage and processing of Member’s personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, Member acknowledges and agrees that Blink is not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. Member acknowledges sole responsibility for and assumes all risk arising from Member’s use of any such websites or resources. Framing, in-line linking, or other methods of association with the App are expressly prohibited without first obtaining Blink’s prior written approval.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by Member, but may be assigned by Blink without restriction.
Access to the App, as well as these Terms, is governed and interpreted by the laws of the State of California. By using the App, Members are consenting to the exclusive jurisdiction of the court of the United States and the State of California. Members agree that they will not file or participate in a class action against Blink.
Last updated February 20, 2023