© 2008 blinko www.blinko.com
blinko is a ground-breaking new social networking & communication service operated by Buongiorno s.p.a. (Buongiorno) which enables people to stay in touch with their friends and get latest updates from their friends and favourite VIPs according to their interests (the Service).
By using the Service you represent that you are old enough to enter into a legal obligation and are agreeing to these Terms and Conditions.
By using the Service you accept and agree to be bound by the following terms and conditions (the TOS).
PLEASE NOTE THAT THIS CONTRACT LIMITS OUR LIABILITY AND WE DO NOT PROVIDE WARRANTIES FOR THE SERVICE. IT ALSO LIMITS YOUR REMEDIES.
We may change this contract at any time. You must review this contract on a regular basis. You can find the most recent version of the contract at www.blinko.com. The changed contract is in effect right away. If you do not agree to changes in the contract, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed contract.
blinko is a ground-breaking new social networking & communication service which enables people to stay in touch with their friends and get latest updates from their friends and favourite VIPs according to their interests (the Service). blinko also enables users to share content with others and use this content to connect to people around you. The Service is generally free. Some additional premium features & services such the possibility to purchase or subscribe to content, however, may be introduced later on. It will be specified whenever you use a paid-for service and you will have to specifically agree to any such service.
Unlimited free Web2SMS: You can only text to your friends in your contact list for free and usage is restricted to fair use (max 30 text messages per day) measured over the last day and per unique blinko user ID. Unused text messages cannot be taken to the following day(s). If limit is exceeded you can’t send message(s) until the next day. Unlimited free SMS may not be available in all countries and we reserve the right to remove this feature or introduce a monthly limit any time without prior notice. Commercial usage is strictly forbidden. If we detect any abuse we will take legal action. Some operators might charge you for receiving SMS according to your plan. In this case please refer to your operator for any questions or complaints.
The Service is subject to change that means that new features can be added, other can be removed and that some features may become paid-for or free anytime.
Even though the Service is in general free to use, all rates when using the service on your mobile phone charged by your mobile operator according to your plan for uploading and downloading data (e.g. contacts, calendar, pictures etc.) and sending messages still apply. It is your responsibility to check with your mobile operator to identify and evaluate these rates.
blinko may be accessed through different channels above all the Internet, WAP, SMS, MMS as well as through the mobile instant messaging java application.
We provide the Service for your personal use. You may not use the Service to conduct business without a separate written contract with BUONGIORNO.
You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Service.
You are responsible for all activities associated with your use of the Service and the use of your account and password. You must notify Buongiorno right away of any use of your Service account that you did not authorize or any breach in security known to you that relates to the Service.
Do not provide your Service account and password to third parties. You may not authorize any third party to access and/or use the Service on your behalf. You may also not use any automated process or service to access and/or use the Service. You may not use any software or services with BLINKO software client which modifies or reroutes, or attempts to modify or reroute, the Service.
You may only use BLINKO software or authorized third-party software to sign into and use the Service.
We may, but shall have no obligation to, remove contents that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these terms of service.
You may not use the Service in any way that could harm the Service, other Service users, BUONGIORNO or any other third party.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account including the content of your transmissions through the Service.
By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information;
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by BUONGIORNO;
- Create a false or misleading identity;
- Disseminate content that infringes any intellectual property right.
- Disseminate any unsolicited or unauthorized advertising.
- Interfere with another Member's use and enjoyment of the BLINKO Service.
We consider your use of the Service, including the content of your conversations, to be private. We do not routinely monitor your conversations or disclose information about your conversations to anyone. However, we may monitor your conversations and disclose information about you, including the content of your conversations, if we consider it necessary to: (1) comply with the law or to respond to legal process; (2) ensure your compliance with this contract; or (3) protect the rights, property, or interests of BUONGIORNO, its employees, its customers, or the public.
Always use caution when giving out any personally identifiable information about yourself or your family.
BUONGIORNO will immediately terminate and delete your account if it believes that the account is being used for spam or unsolicited bulk messaging.
blinko is an ad-supported platform, that means that by means of signing and use the Service you accept to view (on web/WAP pages and displayed in the client) and receive (to your contact details, as specified in the privacy policy) advertising messages.
BUONGIORNO may automatically upload performance and usage data for evaluating the Service and the software associated with the Service. Such data will not personally identify you.
You shall be solely responsible for the content you submit and the information you make available via the Service (the Submissions) and the consequences of posting or publishing them. In connection with your submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize BUONGIORNO to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to make them available via the Service.
You retain all of your ownership rights in your Submissions. However, by submitting to the Service you hereby grant BUONGIORNO a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Service and BUONGIORNO's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submissions through the Service, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your Submissions from the Service. You understand and agree, however, that BUONGIORNO may retain, but not display, distribute, or perform, copies of Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
In connection with the Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Buongiorno all of the license rights granted herein.
Buongiorno does not permit copyright infringing activities and infringement of intellectual property rights via the Service, and Buongiorno will remove all Content and Submissions if properly notified that such Content or Submission infringes on another's intellectual property rights. Buongiorno reserves the right to remove Content and Submissions without prior notice.
BUONGIORNO and blinko are registered trademarks of Buongiorno.
Buongiorno may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web/WAP pages that are part of the Service. Any rights not expressly granted herein are reserved.
The Service may provide content from blinko advertisers, partners, search results or links to other web sites or resources. Because BUONGIORNO has no control over such sites and resources, you acknowledge and agree that BUONGIORNO is not responsible for the availability of such external sites or resources, and does not support and is not responsible or legally responsible for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BUONGIORNO shall not be directly or indirectly responsible or liable for any damage or loss caused or assumed to be caused by or in relation with use of or reliance on any such content, goods or services accessible on or through any such site or resource.
We may provide you with software to use with the Service. If you receive software from us, your use of that software is under the terms of the license that is presented to you for acceptance for such software. If there is no license presented to you, then we grant you the right to use the software only for the authorized use of the Service. We reserve all other rights to the software. BUONGIORNO or its suppliers own the title, copyright, and other intellectual property rights in such software.
We may automatically check your version of the software. We may automatically download upgrades to such software to your handset to update, enhance and further develop the Service. Your license will terminate on the date your Service terminates. Your license will also terminate if Buongiorno modifies the Service to no longer support such software. We may disable such software after the date the Service terminates.
You will not disassemble, decompile, or reverse engineer, any software included in the Service.
THE SERVICE IS MADE AVAILABLE 'AS IT IS' AND YOU AGREE TO USE IT AT YOUR INDIVIDUAL RISK. BUONGIORNO EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATED OR IMPLIED.
WITHOUT LIMITATION, YOU ARE NOT OFFERED ANY WARRANTY THAT BLINKO SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE CONTINUOUSLY AVAILABLE, TIMELY, FREE OF ERRORS, THAT THE RESULTS ACHIEVED FROM THE USE OF THE SERVICE WILL BE CORRECT OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACHIEVED DURING THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR INDIVIDUAL RISK, AND YOU WILL BE INDIVIDUALLY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR LOSS OF DATA RESULTING FROM THE USE OF THE SERVICE.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL BUONGIORNO BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SERVICE, EVEN IF BUONGIORNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BUONGIORNO WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
The agreement will be effective as of the date of your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by BUONGIORNO, or the date of your first use and will remain effective until terminated by either BUONGIORNO or You as set out below.
BUONGIORNO may terminate or suspend the Service at any time. The termination or suspension may be without cause and/or without notice. Upon Service termination, your right to use the Service stops right away. ONCE THE SERVICE IS CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON THE SERVICE MAY NOT BE RETRIEVED LATER.
BUONGIORNO may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not follow the terms stated in this agreement, (c) the use of your account contravenes the law or the conditions in this agreement, (d) there is reasonable suspicion that a crime has been committed, or (e) if there is a suspicion that you used your account to spam.
The terms and conditions of these TOS constitute the entire agreement between You and BUONGIORNO with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
If any provision of these TOS, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the TOS as a whole, the legality, validity or enforceability of the remainder of the TOS (including the remainder of the term which contains the relevant provision) shall not be affected.
The failure to exercise, or delay in exercising, a right, power or remedy provided by the TOS or by law shall not constitute a waiver of that right, power or remedy. If BUONGIORNO waives a breach of any provision of the TOS this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
You are not allowed to assign the TOS or any rights hereunder. BUONGIORNO is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice.
The TOS shall be governed by and interpreted in accordance with the laws of Italy.
The original English version of the TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
© BUONGIORNO – Last revised: May 22, 2008