Terms and Conditions – Brightcom
By using this site, I agree to be bound by, and to comply with, these Terms & Conditions and I am confirming that:
- I have read the following Terms and Conditions.
- I understand all such terms and that these Terms and Conditions, together with all policies are an inseparable part of a binding agreement between me and Brightcom (the “Agreement“).
- All the information provided in this application is true and correct and that I will notify Brightcom of any material changes.
- Brightcom may not be able to ascertain the appropriateness of any product to me, including due to lack of experience or undisclosed information.
- I have entered full, accurate and truthful details, including my residential address and identity.
- Brightcom reserve the right, at her sole discretion, at any time without limitation, to change, amend or modify any of the terms and conditions set out in this agreement by posting such information on our website thus making them effective immediately.
Brightcom offers access to its website and services to clients that accept the terms and conditions. By using the website you explicitly confirm that you have read these Terms and Conditions and agree to them.
Our obligations are subject to any limits or restrictions which we may agree in writing, and any statutory, regulatory, legal or market requirements.
The following terms and conditions apply to all users and in case you require additional information on any of the subjects presented below, feel free to contact our customer support at any time. You must first read and then accept these Terms and Conditions in order to benefit of the best services provided by Brightcom and the agreement is effective upon acceptance.
Do not abuse the license or services provided to you. By accepting the Terms and Conditions you will be granted a limited license, but you can’t deep-link to the website, copy and resell the materials appearing on Brightcom.
Do not provide false or inaccurate information. The license granted will be terminated if we notice that the data you provide is not accurate and you will block the access to the site.
General Terms and Conditions of Use
The Introduction to these terms and conditions is inseparable part thereof and together with all company policies constitute a binding Agreement between the User and Brightcom.
You and any person making use of the Site are referred to hereunder as “User” and/or Client.
- By accessing, visiting and/or using this Site, any person so doing (hereinafter: “User”) unequivocally and unreservedly expresses his or her binding agreement to any and all of these Terms and Conditions, constituting a binding agreement between the User and Brightcom, and undertakes to fully comply therewith. Any and all activity on, with and/or via this Site shall be governed by these Terms and Conditions.
BY USING THIS SITE IN ANY WAY YOU CONFIRM YOUR UNREVOCABLE ACCEPTANCE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS OR ANY OF THE POLICIES – YOU CANNOT USE BRIGHTCOM’S SERVICES AND PLEASE STOP USING THIS SITE AT ONCE.
- Permitted Use
Any User must be legally permitted to engage in usage of this Site under the laws applicable to him/her. User represents that he or she has full legal capacity to enter into legally binding agreements. Users may not make commercial and/or serial and/or automated use of this Site. This Site strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or access and any access via any software except for the main common and official web browsers.
- Linking to this Site
Creating or maintaining any link from another Site to any page on this Site, without Brightcom’s written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rules and regulations and ethical conduct on the internet.
- IP and Copyright Notice
All texts, graphics, sounds, information, designs, applications, content, source codes and object code files, and other material displayed on or that can be downloaded from this Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material (hereinafter: “information” or “data“). The information on this Site belongs to Brightcom or its respective affiliates and suppliers and may not be copied or used without prior approval. You may not modify the information or materials displayed on or that can be downloaded from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
- Force majeure
Whilst we will endeavor to comply with our obligations in a timely manner we will incur no liability whatsoever for any partial or non-performance of our obligations by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, suspension, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and we shall not be held liable for any loss you may incur as a result thereof.
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of Brightcom and its affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of Brightcom.
- Unlawful usage
You are prohibited from making any unlawful usage of this Site, and are informed and aware to the fact that in addition to these terms and conditions and any and all policies for usage of this Site, you may and are expected to be subjected to laws and regulations applicable in your or any relevant jurisdiction. Brightcom does not encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User undertakes that any and all information provided by him is true, accurate, complete and up-to-date.
User undertakes to indemnify, defend and hold Brightcom harmless, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the site, information or services provided or contained herein, including in particular (but not limited to) any breach of these Terms and Conditions and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions;
User acknowledges that the information and numbers presented on Brightcom’s website may contain inaccuracies and can change from time to time, and that Brightcom will not be held responsible for the accuracy or incompleteness of said information on Brightcom’s website. User agrees that the use of the website and all the information and material on it shall be at User’s sole risk.
The Site may be, at any time and at Brightcom’s sole discretion, be off-line for maintenance or for any other reason, and service may be denied, temporarily and/or continually and/or indefinitely, of any person at no liability to Brightcom.
Brightcom doesn’t guarantee that you will be able to access the website at any time and location and it doesn’t make any warranties with respect to the web site content.
Brightcom, does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site.
- Revisions to these Terms and Conditions
Without prejudice to the above, User acknowledges and accepts that Brightcom and its legal advisors are fully entitled at all times to amend, add to and/or revoke any and all of these Terms and Conditions, at its sole discretion, without giving User any notice thereof. Any such amendment, addition or revocation shall become fully effective and binding upon being posted on Site. You should visit this page to review the then current Terms and Conditions binding on you. Certain provisions of these Terms and Conditions may be added to or superseded by legal notices or terms located on particular pages of this Site. These terms and conditions have been last updated on August 14th, 2016.
This means that these Terms and Conditions may be reasonably amended from time to time by us, and shall apply to any user immediately.
- Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and Brightcom to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Applicable legislation and jurisdiction
The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in London, UK or another place agreed by Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
This means that UK law shall apply to the Site and services contemplated herein, and that any claim towards Brightcom must be submitted to appropriate arbitration in London, UK.
- Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at any time.
This means you should contact us beforehand if anything of these Terms and Conditions is unclear, unfair or unacceptable to you.
- Our Commitment to Security and Privacy
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place the appropriate and reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However we cannot guarantee the security of any service offered.
- Assignment to Third Parties
Brightcom is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, including any rights with regards to information or data, wholly or in part, to any third party whatsoever.
This means that the agreement between User and Brightcom on the terms set under the Terms and Conditions may be assigned, in full or in part by Brightcom, but not by the User. These privileges as well as the limitations of liability are Brightcom’s one-sided prerogatives under these Terms and Conditions but this Site would not be feasible without them.
- No Waiver
Brightcom’s acquiescence to any breach of These Terms and/or failure to exercise any right provided for herein shall be without prejudice to Brightcom’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.
This means that if a specific article in these Terms and Conditions is ruled by a competent court as unenforceable for any reason, then such ruling shall only apply to the respective specific articles or provisions and not to this entire agreement.
- How to Contact Us
Should you have other questions or concerns, please contact us anytime at [email protected] .
Data Usage Policy
As always, Brightcom (“Provider”) is committed to earning your trust. We are committed to protecting your personal privacy. Below is our policy for citing Brightcom data in the public domain (including by customers, partners and media outlets). All use of such data must be in accordance with this policy and any applicable subscription to Brightcom Intelligence. This policy does not apply to any content or data provided by Brightcom’s partners; all such data is subject to the respective partner’s policies.
- Exclusive Property – All customer data provided by the client or third parties in connection with use of Brightcom services shall remain the exclusive property of said client or third parties.
- Data Storing – Customer Data is intended to be processed by the Provider and may be stored on the Provider’s servers in real time, depending on the Service subscribed to.
- Cookies – Some Customer Data is gathered more particularly through cookies (internal or third-party). Depending on the Service the Client subscribes to, the Provider may store cookies on web users’ hard disks. In such circumstances, the Client guarantees the Provider and answers for Web Site Publishers that all rules governing the storing of cookies on web sites have been heeded, more particularly with regard to web user information and consent.
- The Provider undertakes:
- Not to use the Customer Data and other data gathered and processed through use of the Service for any commercial purposes unrelated to the Services.
- Not to retain Customer Data and other data gathered and processed through use of the Service beyond the retention period stipulated by the Client for the purpose for which it is gathered, the said period not exceeding one (1) year. The Provider undertakes not to keep it after the Contract ends.
- Data collection and use – We want users to trust that information about them will be respected and handled with appropriate care. As such, our Demand partners should not misuse this information, nor collect it for unclear purposes or without appropriate security measures.
- Examples of user information that should be handled with care: full name; email address; mailing address; phone number; national identity, pension, social security, tax ID, health care, or driver’s license number; birth date or mother’s maiden name in addition to any of the above information; financial status; race or ethnicity; religion; political affiliation and sexual orientation.
- Examples of irresponsible data collection and use: obtaining credit card information over a non-secure server, violations of our policies that apply to interest-based advertising and remarketing, promotions that claim to know a user’s sexual orientation or financial status.
- Technical requirements: To help us keep ads clear and functional, advertisers must meet our technical requirements.
- Ad format requirements: In order to help you provide a quality user experience and deliver attractive, professional looking ads, we only allow promotions that comply with specific requirements for each ad. Review the format-specific requirements for all ad formats that you’re using. Examples of ad format requirements: character limits for the ad headline or body, image size requirements, file size limits, video length limits, aspect ratios.
- We don’t allow “non-family safe” ads in image ads, video ads, ad extensions, and other non-text ad formats.
- Contacting Us: If you have any questions, comments or concerns about this Policy, please email us at [[email protected]].