Legal
Terms of Use
This agreement governs your use of the Two Bright Lights website only. Terms of service for subscribers to the software is covered separately.
This website is owned and operated by Two Bright Lights. Access and use of this website is provided by Two Bright Lights to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
Two Bright Lights may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
Intellectual Property
All materials (including the organization and presentation of such material) on this website (the "Materials") are the property of Two Bright Lights and its licensors and are protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with Two Bright Lights any other use of these Materials without Two Bright Lights written permission is prohibited.
The Materials may only be used and copied for your own personal, non-commercial or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
If you believe that any content posted on Two Bright Lights website infringes on your copyright or other intellectual property rights, please refer to our DMCA Policy, located in copyright tab.
Privacy
Two Bright Lights is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy located in privacy tab for further details.
Two Bright Lights may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, we may transfer information collected from users in connection with a sale or restructuring of Two Bright Lights, Inc.
Linked Websites
This website may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Two Bright Lights monitors or endorses these websites. Two Bright Lights does not accept any responsibility for such websites. Two Bright Lights shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
Internet software or computer viruses.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.
Two Bright Lights shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Two Bright Lights recommends that you install appropriate anti-virus or other protective software.
Prohibited Activities
You shall not (nor cause any third party to) use the website to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- posting or disseminating advertising or commercial content;
- interfering with or disrupting the website;
- disrupting the activities or enjoyment of the website for other users; or
- collecting, or storing personal data about other users.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any content created or submitted by you.
User Comments and Feedback
We welcome your comments regarding the website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") shall be and remain the exclusive property of Two Bright Lights. Your submission of any such Comments shall constitute an assignment to Two Bright Lights of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Two Bright Lights will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Website and Materials Provided "As Is"
THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TWO BRIGHT LIGHTS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Release / Indemnification
You agree to release Two Bright Lights, its parents and affiliates together with their respective members, managers, officers, employees, agents, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the website. If at any time you are not happy with the website or object to any material within the website, your sole remedy is to cease using them.
You agree to defend, indemnify and hold Two Bright Lights, its members, managers, officers, employees, agents, directors and shareholders harmless from and against any and all claims, damages, costs and expenses, including attorneys´ fees, arising from or related to your use of the website or any services or products offered by Two Bright Lights.
Limitation of Liability
ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION CONTAINED ON THIS SITE IS AS ACCURATE AS POSSIBLE, WE GIVE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY MATERIALS PROVIDED ON THE SITE. FURTHER, TWO BRIGHT LIGHTS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT FOUND ON THE SITE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. TWO BRIGHT LIGHTS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE WEBSITE, CONTENT OR ANY SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IF TWO BRIGHT LIGHTS IS INFORMED OF ANY INACCURACIES ON THE SITE, WE WILL ATTEMPT TO CORRECT THE INACCURACIES AS SOON AS WE REASONABLE CAN. IF YOU OBTAIN A PRODUCT OR SERVICE FROM TWO BRIGHT LIGHTS FROM THE WEBSITE THAT IS PROVIDED WITHOUT AN AGREEMENT, THAT PRODUCT OR SERVICE IS PROVIDED ON AN "AS IS" BASIS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL TWO BRIGHT LIGHTS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Feel free to email Two Bright Lights at support@twobrightlights.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Two Bright Lights is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via email that:
- Two Bright Lights has no obligation concerning such information;
- The information is non-confidential;
- Two Bright Lights may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
- The information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable law
This website is controlled, operated and administered by Two Bright Lights from within the United States. This website can be accessed from states in the USA, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the United States, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the United States, in Cook County, in the state of Illinois and acknowledge that you do so voluntarily. The prevailing party shall be entitled to recover its attorneyst fees and court costs, together with any other relief awarded by a court of competent jurisdiction.
General
Two Bright Lights' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
Contact
If you have concerns relating to this web site or these Terms of Use, please contact Two Bright Lights at support@twobrightlights.com or via phone at (415) 890-4700.
© 2015 Two Bright Lights. All rights reserved.
Copyright
1. Copyright Complaints; DMCA Compliance.
Two Bright Lights respects the copyright of others, and we prohibit users of our Websites and Services from submitting, uploading, sharing or otherwise transmitting any materials that violate another person's or party's copyright.
Two Bright Lights complies with the provisions of the Digital Millennium Copyright Act (DMCA) ("DMCA"), including 17 U.S.C. §512, and as required by the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office.
Two Bright Lights does not permit copyright infringing activities through its services and will, if properly notified that content infringes in compliance with the terms of the DMCA, remove or disable access to such content. Two Bright Lights reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, Two Bright Lights will also terminate users whom it determines to be repeat infringers.
Also, before proceeding please understand that should you knowingly materially misrepresent that a product or activity is infringing your copyrights, you may be held liable for damages.
For more information on the Designated DMCA agent and copyright infringement notification process, please refer to our DMCA Notice and Takedown Procedure (see section 2).
If material that you have posted to a site controlled or operated by Two Bright Lights has been removed, please refer to our Counter-Notice Procedure (see section 3).
2. DMCA Notice and Takedown Procedure
Two Bright Lights abides by the DMCA by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove or disable access to material residing on a site that is controlled or operated by Two Bright Lights that is claimed to be infringing and for which we have received an infringement claim that complies with the terms of the DMCA, in which case we will make a good-faith attempt to contact the person's or party's who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Two Bright Lights does not control content hosted on third-party websites, and cannot remove content from sites that it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, you will need to contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Two Bright Lights' rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on a site owned or controlled by Two Bright Lights, please follow the instructions below.
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
- Your contact information (e.g., your name, company name, address, telephone number, and email address);
- A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
- Your physical or electronic signature.
Then send this notice to the following:
By Mail:
DMCA Agent:
Patrick Woolley
Polsinelli Shughart PC
700 W. 47th St., Suite 1000
Kansas City, MO 64112
By Fax:
Attn: DMCA Agent, Two Bright Lights
fax: 816-374-0509
By Email:
Email: pwoolley@polsinelli.com
Counter-Notification Procedure
Counter-Notification
If material that you have posted to a site controlled or operated by Two Bright Lights has been removed, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, company name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Creative Commons may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
- Your physical or electronic signature.
If we receive a proper counter notification, we may reinstate the material in question.
Then send this notice to:
By Mail:
DMCA Agent:
Patrick Woolley
Polsinelli Shughart PC
700 W. 47th St., Suite 1000
Kansas City, MO 64112
By Fax:
Attn: DMCA Agent, Two Bright Lights
fax: 816-374-0509
By Email:
Email: pwoolley@polsinelli.com
You may be able to find examples of counter-notifications at www.chillingeffects.org/dmca/counter512.pdf.
Once we receive your counter notification, we will forward it to the party who submitted the original claim of infringement. Please understand that your personal information will be included.
You consent to having your information forwarded in this way by submitting a counter notification.
After we send out the counter notification, the original claimant must notify us within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Two Bright Lights. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE
Privacy Policy
Updated on March 2, 2012
Two Bright Lights is committed to protecting your privacy. This privacy policy tells you about our online collection, use and disclosure of personal information. The terms of this policy apply to all personal information collected by Two Bright Lights on the website Two Bright Lights.com. We have created this policy pursuant to the Personal Property Protection Act.
This site is operated by Two Bright Lights. For personal information protection purposes, Two Bright Lights is the controller and, unless otherwise noted, is also the processor of the personal information. Information collected may be retained as long as it is reasonably required for the purposes it was collected.
Two Bright Lights is based, and this web site is hosted, in the United States of America. If you are from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law and you register an account on the website, visit the website or otherwise use the website, please note that any personally identifiable information that you provide to Two Bright Lights will be transferred to the United States. Any such personally identifiable information provided will be processed and stored in the United States by Two Bright Lights or a service provider acting on its behalf. By providing your personally identifiable information, you hereby specifically and expressly consent to such transfer and processing and the uses and disclosures set forth herein.
Consent to Collection of Your Personal Information
When you visit this site, certain kinds of non-personal information, your IP address and access times, may be collected automatically as part of the site's operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site.
We only collect personal information about you after you have provided us with your consent to collect that specific information. By voluntarily providing this information to us, you consent to the collection and use of your personal information as set out in this privacy policy.
Registration
Two Bright Lights does not require you register or provide personally identifiable information in order to use and access the public website. However, if you register, to access the software service, you may receive access to additional features, and the more detailed the information you provide in the registration section of the website, the better you may customize your website experience. If you choose to register a user account in order to take full advantage of the software service, Two Bright Lights may request certain information (such as your name and e-mail address) in order to provide you with the communications you request and customize its contact with you. Two Bright Lights may also use the registration information you provide for other purposes with your consent.
Personal information includes:
- Information collected when you register including your member name and password, your name, your mailing address, email address, and phone number.
- Information collected when you make a purchase including your credit card number and billing address.
Use of Your Personal Information
Two Bright Lights collects and uses your personal information to:
- Create and manage your membership account;
- Process your transactions;
- Provide customer service;
- Perform research and analysis aimed at improving our products, services and technologies, and those of our trusted partners and affiliates;
- To run Interactive Areas;
- To communicate with you about your transactions, new products and services.
- We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations.
Personal Information Provided as Part of Testimonials
If you provide comments, feedback, information or materials regarding the website, content or Two Bright Lightsacute; products (collectively, "Testimonialsquot;) and you include your personally identifiable information as part of the Testimonials, such information may be made available to any parties using the website and/or such Testimonials. If you do not wish to have your personally identifiable information made available in this manner, you must remove any such information from the Testimonials before providing them to Two Bright Lights. Two Bright Lights is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manner.
Disclosing Your Personal Information
Except as set out in this privacy policy, Two Bright Lights does not disclose or sell your personal information to any third-parties.
We may disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order) or with requests of law enforcement authorities; to enforce or apply this privacy policy or our other policies or agreements; to initiate, render, bill and collect for amounts owed to us; to protect our or our customers' rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of, Two Bright Lights; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. In addition, information about our customers, including personally identifiable information, may be disclosed as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.
We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
We may use certain trusted third party companies and individuals to help us provide, analyze, and improve Two Bright Lights (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of our features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this policy. As of the date this policy went into effect, we use Amazon's S3 storage service to store some of your information (for example, your Files). You can find more information on Amazon's data security from the S3 site or, read more about how Two Bright Lights and Amazon securely store data.
Accessing Your Personal Information
If your personally identifiable information changes, or if you no longer desire to receive non-account specific information from Two Bright Lights, Two Bright Lights will endeavor to provide a way to correct, update and/or remove your previously-provided personal data. This can be done by emailing a request to Two Bright Lights at support@twobrightlights.com. You can change your preferences for follow-up contacts by Two Bright Lights. If youacute;re registered with this site, you can change the information you´ve provided to us in the registration section of the site. If you prefer, you can cancel your registration altogether. Email us if you wish to take this action. Additionally, you may request access to the personally identifiable information as collected by Two Bright Lights by sending a request to Two Bright Lights as set forth above. Please note that in certain circumstances, Two Bright Lights may not be able to completely remove your information from its systems. For example, Two Bright Lights may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law or as retained in Two Bright Lightsacute; data backup systems or cached or archived pages. All retained personally identifiable information will continue to be subject to the terms of the Privacy Policy to which you have previously agreed.
If you would like to review or revise information that you previously provided to us, you may access and change your personal information in the "My Account" section of the site. You may also contact Customer Service by email at support@twobrightlights.com for assistance.
Use of Cookies and Other Technologies
Two Bright Lights uses "cookies" to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information, which can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, session identification number and your navigational history and preferences.
Cookies offer you many conveniences. They allow us to identify registered users when they return to the site so that they can retrieve previous image search results, access lightboxes and view their previous invoices. Cookies also save you time by eliminating the need to repeatedly enter the same information.
In some cases, our third-party service providers may use cookies on our sites. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Two Bright Lights only, and does not cover the use of cookies by third parties.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies but you will be able to perform basic navigation through the site.
Security of Your Personal Information
The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information including without limitation:
- Limiting access to your personal information to those of our employees who require it to provide services to you;
- Requiring employees to sign confidentiality agreements to protect customer and other confidential information;
- Ensuring that third-party service providers sign confidentiality agreements to maintain the confidentiality of your personal information and not to use it for any unauthorized purposes;
- Encrypting credit card information on our order forms using secure socket layer (SSL) technology; and
- Storing your personal information in secure computer systems which protect it from unauthorized access or use.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.
Email Referrals
If you choose to use our email referral services to tell a friend about our products or services we will ask you for your friend's name and email address. We will use that information to send your friend an email inviting him or her to visit the site and review the product or service you have selected. We may use a third-party provider to administer this function, but any such third-party provider may only use the information submitted to facilitate this email.
Children
We do not intend to solicit or collect personal information from anyone under the age of 13 without parental consent. If you are under 13, you shall not use or enter information on this site, including without limitation, any Interactive Areas of the site without parental consent. Please contact Customer Services by email at support@twobrightlights.com, to obtain the necessary parental consent forms.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding Two Bright Lightsacute; disclosures of personally identifiable information to third parties for such third partiesacute; direct marketing purposes. If you are a California resident and would like to make such a request, please email Two Bright Lights at support@twobrightlights.com.
Changes to This Privacy Policy
We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the top of the policy. If there are material changes to this statement or in how Two Bright Lights will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.
Creator TERMS OF SERVICE
This Creator Terms of Service (this "Agreement") is a legal agreement between you ("you" or "your") and Two Bright Lights, Inc. ("TBL" "we," "our" or "us") governing your use of our software and website. Our software and website are also referred to together as the "Services". This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you. To create a member account (a "TBL Account") and use the Services, you must accept all of the terms of this Agreement.
Part One: Terms Governing Use of the Services
1. Two Bright Lights Account Registration and Notice.
You must open an account with us (a "TBL Account") in order to use the Services. Our registration process will ask you for information including your name and other personal and business information. You must provide true and accurate information in response to our questions including the legal business name and contact information. Neither anonymous accounts nor impersonation is permitted. You must also keep the information that you provide up-to-date. If our representative assists you in the account set up, you maintain that the information is correct by using your account. You understand and agree that we will treat the creation of a TBL Account and your use of the Services as acceptance of the terms and conditions of this Agreement from the earlier of: (i) when usage commences or (ii) the beginning of the registration process.
An email address is necessary to login and will receive all communications from us. The email address must be an active and legitimate email address that you can access. It is your obligation to ensure that your email address remains current during the period you maintain a TBL Account.
2. TBL Services.
As an online platform we: (a) collect and relay content from content creators like you to publishers; (b) collect and relay content requests from Publishers (defined below) to the TBL community; (c) provide tools to organize content; and (d) offer third-party integrations to augment our Services. We do not directly represent any third-parties, including but not limited to, any Publishers, photographers, videographers, vendors or other party that use our Services, and we have no control over such entities.
Licenses between you and a Publisher (or any other party), are made directly between you and the Publisher (or any other party) and are merely facilitated by us.
For purposes herein, "Member Content" means all information, content, materials and Intellectual Property Rights (defined below), which includes, but is not limited to, photographs, videos, audio and the written word, that is provided to us whether by post, upload or any other means. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, logos, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3. Your Use of the Services.
You may use the Service only if you sign a binding contract with us, and only in compliance with: (a) the terms and conditions set forth in this Agreement and (b) all applicable laws of any state, country, territory or other jurisdiction.
Creating an account with us gives you access to those certain Services designated by us, in our sole and absolute discretion. We may maintain different types of accounts for different types of users (which includes any user of the Services, including, but not limited to, Publishers, photographers, videographers and vendors, all collectively the "TBL members"). If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity; and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these terms and conditions, and that you agree to these terms on the entity's behalf. You agree not to use names or access the Services in a manner that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Member Content, including any loss or damage to any of your Member Content.
Although we have no obligation to screen, edit, or monitor any TBL member's Member Content, we reserve the right, and have absolute discretion, to remove, screen, edit, or disable your Member Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to other TBL member's Member Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any TBL member's Member Content, including any loss or damage to any of your Member Content.
You understand that we, in providing the Services to you, may: (a) transmit or distribute your Member Content over various public networks and in various media; and (b) make such changes to your Member Content as are necessary to meet the technical requirements of connecting networks, devices, services or media or otherwise. You agree we may take these actions.
4. License by You to Us.
You hereby grant to us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon and promote your Member Content (as such may be edited and modified by us in our sole and absolute discretion), or any portion thereof, through the TBL network and any other products or services as we may designate, in any medium now known or hereafter devised, online or offline and by any means of delivery, for editorial, commercial, promotional and all other purposes. You retain all rights in your Member Content, subject to the rights granted to us in this Agreement. You may modify or remove your Member Content via your TBL Account or by terminating your TBL Account.
You agree that all of your Member Content submitted or posted through the Services has all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation, valid model and property releases to allow us to depict recognizable people (living or dead) and private properties, and that you have been granted written permission regarding all distinguishable trademarks.
5. License by You to Publishers.
While you retain ownership of all right, title, and interest in your copyright-protected Member Content, you agree that upon acceptance of your Member Content for publication by an authorized publisher using the Services on our network (a "Publisher"), the Publisher will own all right, title, and interest in any compilation, collective work, or other derivative work created by the Publisher using or incorporating your accepted Member Content. You represent and warrant to us and the Publishers that: (a) your submitted Member Content does not and shall not infringe on any copyright or any other third-party right nor violate any applicable law or regulation; (b) all necessary releases and permissions required to grant the above-referenced license have been obtained in writing, including without limitation, valid model and property releases to allow any Publisher to depict recognizable people (living or dead) and private properties; (c) you have written permission regarding all distinguishable trademarks; and (d) you have the right to grant any and all necessary rights and licenses provided herein, including, without limitation, all necessary copyright and other related rights to your submitted Member Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. In the event that your Member Content is licensed by a Publisher, you agree the license for your Member Content to the Publisher shall be irrevocable, perpetual, worldwide, royalty-free and non-exclusive, and may not be subsequently revoked even if your accepted Member Content is removed from the TBL website or software service at any time thereafter. We reserve the right, and each authorized Publisher will have the right, to remove your submitted or accepted Member Content from its network and our network (as applicable) for any or no reason at its (and our) sole and absolute discretion. No Publisher is obligated to use your submitted or accepted Member Content.
You acknowledge that each Publisher is a third-party beneficiary to this Section 5 of this Agreement.
6. Your Responsibility and Promises Regarding Your Member Content and Actions.
You agree that all of your Member Content is true and accurate and has all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation, valid model and property releases to allow us to depict recognizable people (living or dead) and private properties, and that you have been granted written permission regarding all distinguishable trademarks.
You agree that your Member Content does not and will not violate any law or infringe the rights of any third party, including without limitation, any Intellectual Property Rights, publicity rights or rights of privacy. We reserve the right, but is not obligated, to remove Member Content from the Service for any or no reason, including the removal of your Member Content that we believe violates the terms and conditions of this Agreement or any of our policies. It is important that you understand that you are in the best position to know if the materials you post are legally allowed.
You agree not to upload to the Services or otherwise post, transmit, distribute, or disseminate through the Services any Member Content or other material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with our or our partners' products and services, as determined by us in our sole and absolute discretion; or (f) in our sole and absolute judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose us, our affiliates, or TBL members to harm or liability of any kind.
If you download, share or use Member Content which you do not hold the copyright, you agree to provide visible credit to the copyright owner in all cases. Failure to do so is in violation of US Copyright Law and the official owner may seek damages against the violating party.
7. TBL Content - Your Rights and Restrictions.
The following is "TBL Content": (a) the Services, including the TBL website and software; (b) everything included on, or within the Services (other than Member Content); (c) all Intellectual Property Rights in, or related to, the Services and any content and subject matter therein (other than Member Content). Except as expressly provided in this Agreement, you will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the TBL Content or any part thereof or grant any other person or entity the right or access to do so.
Subject to the terms and conditions of this Agreement and any policy we may post on our website, we grant you a license to use the Service, including accessing and viewing TBL Content, for your personal, noncommercial use to allow you to utilize the features of the Service. We may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, we reserve all other rights and no other rights in the TBL Content are granted to you by implication or otherwise.
You acknowledge and agree that we (and our licensors) own all legal rights, title and interest in and to the TBL Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the TBL Content may contain information which is designated confidential by us and that you will not disclose any TBL Content without our prior written consent.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
8. Interactions with Third Parties.
The Services may contain links to third-party websites, advertisers, Publishers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that we will have no liability arising from your use of, or access to, any third-party website, service or content.
We merely facilitate and enable your license to the applicable third party and we are not responsible for the licensing or the use of your Member Content by any Publisher or other third party. So long as you have agreed to make your Member Content available through the Services to one or more Publishers, there will not be any restraint on the licensing of your Member Content through the Services.
9. Our Fees and Payment.
The use of the Services is a subscription service, which means that for payment-required packages, your credit card on file will be automatically billed at the end of each term for the appropriate Fees ("Fees") unless an agreement is made otherwise. You agree to pay the applicable Fees for the package(s) you have selected. Any paid Fees are nonrefundable. We reserve the right to change our Fees and structure of our Fees at any time and for any reason, and such changed fees shall be applicable to any new subscription or subscription renewals.
If we are unable to process a payment using your credit card on file, we will employ dunning processes to rectify the situation. If we are unable to collect payment, we will suspend your account or terminate it. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to us, including, without limitation, attorneys' fees and costs of collection agencies.
10. Term and Termination.
Your Right to Terminate. You may terminate this Agreement by closing your TBL Account at any time by canceling your account by emailing your request to support@twobrightlights.com. Upon closure of a TBL Account, any of your pending Member Content submissions will be cancelled and access to any previously shared or submitted or published Member Content will no longer be available to the relevant parties. Any remaining monthly fee previously paid will not be refunded.
Suspension or Termination by Us. We may terminate this Agreement and close your TBL Account for any reason or no reason at any time. We may also suspend the Services and access to your TBL Account: (a) if you have (or we reasonably believe you have) violated the terms of this Agreement, any other agreement you have with us, or our policies; (b) if you pose an unacceptable reputational risk to us; (c) if you provide us with any false, incomplete, inaccurate, or misleading information or you otherwise engage in fraudulent or illegal conduct; (d) you fail to pay us your Fees; (e) you have long periods of inactivity; or (f) if we decide, in our sole and absolute discretion, to terminate this Agreement, which we may do for any reason stated herein or for no reason whatsoever. If your account is suspended or terminated, you will no longer have access to the information or other files in your account.
Effect of Termination. If your TBL Account is suspended or terminated, you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Services; (c) that the license we provided to you under this Agreement shall end; (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and (e) that we shall not be liable to you or any third party for termination of access to the Services or for deletion of your information or account data. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any suspension or termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the suspension or termination and any other amounts owed by you to us as provided in this Agreement.
11. Privacy and Security.
Your privacy is very important to us. Upon acceptance of this Agreement, you confirm that you have read, understood, and accepted TBL's Privacy Policy located at http://twobrightlights.com/privacyPolicy.php.
By using the Services, you may receive information about other TBL members. You must keep such information confidential and only use it in connection with your own internal business purposes as required to utilize the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the TBL member.
12. Copyright Policy.
We respect the intellectual property rights of others and ask you to do the same. It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of infringers upon our discretion. Details of our policy can be found at http://twobrightlights.com/legal.php. Use rights for all images on the TBL website require that TBL members who use shared content provide a visible credit to the content creator each and every time the content creator's Member Content is used.
13. Your Suggestions.
You may choose to or we may invite you to submit suggestions or ideas about the Services, including, without limitation, about how to improve the Services or our other products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you or attribution, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. The definition of Idea shall not include Member Content.
You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
14. Your Authorization.
During the term of this Agreement, you authorize us: (a) to display your Member Content and any and all of your publication(s); (b) to display any and all of your personal, business, and professional information set forth in your TBL Account; (c) to promote your association with us; and (d) to refer to you as a TBL member and user of our Services.
15. Unauthorized or Illegal Use.
We may decide not to allow any transmission of Member Content if we believe that the transaction is in violation of any agreement, or exposes you, other TBL members, us, or our affiliates to harm. Harm includes fraud and other criminal acts. If we suspect that your TBL Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your TBL Account, and any of your activity with law enforcement.
16. Customer Service.
You are solely responsible for all customer service issues relating to any and all Member Content transmitted using the Services. We shall have no responsibility to investigate, mediate, or respond substantively in any manner regarding any dispute between you and any other party.
17. Passwords and Security.
You are responsible for maintaining the confidentiality and security of your password, which grants access your account. You agree to immediately notify us at passwordfraud@twobrightlights.com of any compromise of your credentials and any unauthorized use of your account. We shall not be responsible for any unauthorized access to, or use of, your TBL Account. You acknowledge that you provide your personal information at your own risk.
Part Two: Additional Legal Terms
18. Indemnity.
You agree to defend, indemnify and hold harmless TBL and its affiliates, and their shareholders, members, subsidiaries, directors, officers, employees, agents and representatives ("TBL Parties"), from any and all liabilities, claims, losses, damages, judgments or awards, costs or expenses, including reasonable attorneys' fees, of whatsoever nature and by whomsoever asserted, whether asserted by a third party or by a party to this Agreement arising directly or indirectly out of, or related to: (a) any actual or threatened breach of this Agreement, including, but not limited to, your representations, warranties, or obligations set forth in this Agreement; (b) a violation or threatened violation of any of our policies; (b) your wrongful or improper use of the Services; (c) your violation or threatened violation of any third-party rights, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any applicable laws of any state, country, territory, or other jurisdiction; (e) any other party's access and/or use of the Services with your unique member name and password; (f) any Member Content you post or otherwise transmit on or through the TBL website or other Services; (g) your use of, or inability to use, the TBL website or other Services; or (h) the licensing of your Member Content or any other media to third parties.
You agree to defend, indemnify and hold harmless each Publisher and its affiliates, and their shareholders, members, subsidiaries, directors, officers, employees, agents and representatives, from and against any third-party claim arising from the use of your Member Content.
You agree that each Publisher is a third-party beneficiary to this Section 18.
19. Representation and Warranties.
You represent and warrant to us that:(a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement;(c) the name identified by you when you registered is your legal name or legal business name under which you were organized or incorporated, as applicable, and by which you sell your goods and services; (d) you will fulfill all of your obligations to TBL and to each Publisher to which your Member Content is submitted for review and accepted by each such Publisher; (e) you will resolve any dispute or complaint with a third party with such third party; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; (g) your use of the Services will be in compliance with this Agreement; and (h) all of your representations, warranties and covenants contained in this Agreement are true and accurate of the date hereof and will continue to be true and accurate throughout the term of this Agreement.
20. No Warranties.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TBL PARTIES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, TBL DOES NOT WARRANT: (A) THAT THE MEMBER CONTENT IS ACCURATE, RELIABLE OR CORRECT; (B) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MEMBER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
TBL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TBL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
21. Limitation of Liability and Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TBL NOR ANY OTHER TBL PARTY, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE TBL WEBSITE, THE TBL SOFTWARE, ANY OTHER SERVICES, ANY PRODUCTS, ANY MEMBER CONTENT OR ANY WEBSITE MATERIALS CONTAINED IN OR ACCESSED THROUGH, OR USING THE, SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ANY TBL PARTY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TBL'S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL TBL OR ANY OTHER TBL PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR TBL ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TBL, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (NOR their shareholders, members, subsidiaries, directors, officers, employees, agents and representatives) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TBL, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (NOR their shareholders, members, subsidiaries, directors, officers, employees, agents and representatives) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN CONNECTION WITH YOUR USE OF THE SERVICES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TBL AND/OR THE OTHER TBL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
22. Binding Individual Arbitration.
You agree to arbitrate all disputes of any kind that arise with regard to us and/or our Services. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST TBL. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). All disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. Any arbitration hearing will occur in Cook County, Illinois, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, shareholders, members, subsidiaries, directors, officers, employees, agents and representatives, predecessors, successors and assigns as well as TBL members or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the Cook County, Illinois, or federal court for Illinois.
23. Governing Law.
This Agreement and any dispute between you and us will be governed by Delaware California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within DelawareCalifornia, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Notwithstanding, you agree that we shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
24. Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, which consent may be withheld, delayed or rejected for any or no reason. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties' successors and assigns.
25. Other Provisions.
Except as expressly provided in this Agreement, these terms and conditions are a true and accurate statement of the agreement between you and us, and they describe our entire liability and the liability of our vendors and suppliers (including photographers, videographers and other content creators) and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between this Agreement and any other agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
26. Survival.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, all sections of this Agreement intended to survive and remain in effect in accordance with their terms upon the termination of this Agreement shall survive and remain in full force and effect.
27. Notice.
We will provide disclosures and notices required by law and related to this Agreement and the Services to you either electronically by emailing it to the email address listed in your TBL Account or posting the disclosure or notice to the TBL website. Disclosures and notices are considered received by you at the earlier of: (i) the time we email the disclosure and/or notice to your listed TBL Account e-mail address or (ii) the time we post the disclosure and/or notice to the TBL website.
28. Right to Amend.
You agree that we may change, modify, or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the Services, all in our sole and absolute discretion. You agree that notice of such change(s) may be provided either via e-mail to your TBL Account or posting the notice updated Agreement on our website at twobrightlights.com or any other website maintained or owned by us for the purposes of providing Services. Any changes, modifications, and/or additions will be effective immediately upon the earlier of the posting of the revisions via e-mail to your TBL Account or the posting of the revisions on the foregoing website. Any use of the Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any dispute that arose before the modification shall be governed by this Agreement (including the binding individual arbitration clause) that was in place when the dispute arose. If you do not agree to the revised Agreement(s), you must stop using the Service.
Publisher TERMS OF SERVICE
This Publisher Terms of Service (this "Agreement") is a legal agreement between you ("you" or "your") and Two Bright Lights, Inc. ("TBL" "we," "our" or "us") governing your use of our software and website. Our software and website are also referred to together as the "Services". This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you. To create a member account (a "TBL Account") and use the Services, you must accept all of the terms of this Agreement.
Part One: Terms Governing Use of the Services
1. Two Bright Lights Application Process.
All publishers must complete the TBL application process to be eligible to source content through our closed platform and Services. TBL reviews applications upon receipt and will accept the application, request addition information and/or reject the application, all in the sole and absolute discretion of TBL.
You must open an account with us (a "TBL Account") in order to use the Services. Our registration process will ask you for information including your name and other personal and business information. You must provide true and accurate information in response to our questions including the legal business name and contact information. Neither anonymous accounts nor impersonation is permitted. You must also keep the information that you provide up-to-date. If our representative assists you in the account set up, you maintain that the information is correct by using your account.
You understand and agree that we will treat the creation of a TBL Account and your use of the Services as acceptance of the terms and conditions of this Agreement from the earlier of: (i) when usage commences or (ii) the beginning of the registration process.
An email address is necessary to login and will receive all communications from us. The email address must be an active and legitimate email address that you can access. It is your obligation to ensure that your email address remains current during the period you maintain a TBL Account
2. TBL Services.
As an online platform we: (a) collect and relay content from content creators to publishers like you; (b) collect and relay content requests from Publishers (defined below) to the TBL community; (c) provide tools to organize content; and (d) offer third-party integrations to augment our Services. We do not directly represent any third-parties, including but not limited to, any Publishers, photographers, videographers, vendors or other party that use our Services, and we have no control over such entities.
Licenses between you and a TBL member are made directly between you and the TBL member (or any other party) and are merely facilitated by us. A TBL member is any user of the Services, including, but not limited to, Publishers, photographers, videographers and vendors (all collectively the "TBL members").
For purposes herein, "Member Content" means all information, content, materials and Intellectual Property Rights (defined below), which includes, but is not limited to, photographs, videos, audio and the written word, that is provided to us whether by post, upload or any other means.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, logos, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3. Use of the Services.
You may use the Service only if you sign a binding contract with us, and only in compliance with: (a) the terms and conditions set forth in this Agreement and (b) all applicable laws of any state, country, territory or other jurisdiction.
Creating an account with us gives you access to those certain Services designated by us, in our sole and absolute discretion. We may maintain different types of accounts for different types of TBL members. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity; and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these terms and conditions, and that you agree to these terms on the entity's behalf. You agree not to use names or access the Services in a manner that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Member Content, including any loss or damage to any of your Member Content.
Although we have no obligation to screen, edit, or monitor any TBL member's Member Content, we reserve the right, and have absolute discretion, to remove, screen, edit, or disable your Member Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to other TBL member's Member Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any TBL member's Member Content, including any loss or damage to any of your Member Content.
You understand that we, in providing the Services to you, may: (a) transmit or distribute your Member Content over various public networks and in various media; and (b) make such changes to your Member Content as are necessary to meet the technical requirements of connecting networks, devices, services or media. You agree we may take these actions.
4. License by You to Us.
You hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon and promote your Member Content (as such may be edited and modified by us in our sole and absolute discretion), or any portion thereof, through the TBL network and any other products or services as we may designate, in any medium now known or hereafter devised, online or offline and by any means of delivery, for editorial, commercial, promotional and all other purposes. You retain all rights in your Member Content, subject to the rights granted to us in this Agreement. You may modify or remove your Member Content via your TBL Account or by terminating your TBL Account.
You agree that all of your Member Content submitted or posted through the Services has all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation, valid model and property releases to allow us to depict recognizable people (living or dead) and private properties, and that you have been granted written permission regarding all distinguishable trademarks.
5. License granted to You by TBL Members.
While each submitting TBL member retains ownership of all right, title, and interest in his/her/its copyright-protected Member Content, each TBL member has agree that that upon your acceptance of Member Content for publication, the you will own all right, title, and interest in any compilation, collective work, or other derivative work created by you using or incorporating the accepted Member Content. Under the "Member Terms of Service Agreement", each TBL member has represented and warranted to TBL and all Publishers that: (a) the submitted Member Content does not and shall not infringe on any copyright or any other third-party right nor violate any applicable law or regulation; (b) all necessary releases and permissions required to grant the above-referenced license have been obtained in writing, including without limitation, valid model and property releases to allow any Publisher to depict recognizable people (living or dead) and private properties; (c) the TBL member has written permission regarding all distinguishable trademarks; and (d) the TBL member has the right to grant any and all necessary rights and licenses provided herein, including, without limitation, all necessary copyright and other related rights to thier submitted Member Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
The license you receive for publishing Member Content is irrevocable, perpetual, worldwide, royalty-free and non-exclusive, and may not be subsequently revoked even if the accepted Member Content is removed from the TBL website or software service at any time thereafter. We reserve the right, and each Publisher will have the right, to remove the submitted or accepted Member Content from its network and our network (as applicable) for any or no reason at its (and our) sole and absolute discretion. No Publisher is obligated to use submitted Member Content.
6. Your Responsibility and Promises Regarding Your Member Content and Actions.
You agree that all of your Member Content is true and accurate and has all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation, valid model and property releases to allow us to depict recognizable people (living or dead) and private properties, and that you have been granted written permission regarding all distinguishable trademarks.
You agree that your Member Content does not and will not violate any law or infringe the rights of any third party, including without limitation, any Intellectual Property Rights, publicity rights or rights of privacy. We reserve the right, but is not obligated, to remove Member Content from the Service for any or no reason, including the removal of your Member Content that we believe violates the terms and conditions of this Agreement or any of our policies. It is important that you understand that you are in the best position to know if the materials you post are legally allowed.
You agree not to upload to the Services or otherwise post, transmit, distribute, or disseminate through the Services any Member Content or other material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with our or our partners' products and services, as determined by us in our sole and absolute discretion; or (f) in our sole and absolute judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose us, our affiliates, or TBL members to harm or liability of any kind.
If you download, share or use Member Content which you do not hold the copyright, you agree to provide visible credit to the copyright owner in all cases. Failure to do so is in violation of US Copyright Law and the official owner may seek damages against the violating party.
7. TBL Content - Your Rights and Restrictions.
The following is "TBL Content": (a) the Services, including the TBL website and software; (b) everything included on, or within the Services (other than Member Content); (c) all Intellectual Property Rights in, or related to, the Services and any content and subject matter therein (other than Member Content). Except as expressly provided in this Agreement, you will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the TBL Content or any part thereof or grant any other person or entity the right or access to do so.
Subject to the terms and conditions of this Agreement and any policy we may post on our website, we grant you a license to use the Service, including accessing and viewing TBL Content, for your personal, noncommercial use to allow you to utilize the features of the Service. We may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, we reserve all other rights and no other rights in the TBL Content are granted to you by implication or otherwise.
You acknowledge and agree that we (and our licensors) own all legal rights, title and interest in and to the TBL Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the TBL Content may contain information which is designated confidential by us and that you will not disclose any TBL Content without our prior written consent.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
8. Interactions with Third Parties.
The Services may contain links to third-party websites, advertisers, Publishers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that we will have no liability arising from your use of, or access to, any third-party website, service or content.
We merely facilitate and enable the license between the applicable parties and we are not responsible for the licensing or the use of your Member Content by any Publisher or other third party. So long as you have agreed to make your Member Content available through the Services to one or more Publishers, there will not be any restraint on the licensing of your Member Content through the Services.
9. Our Fees and Payment.
The use of the Services is a subscription service, which means that for payment-required packages, your credit card on file will be automatically billed at the end of each term for the appropriate Fees ("Fees") unless an agreement is made otherwise. You agree to pay the applicable Fees for the package(s) you have selected. Any paid Fees are nonrefundable. We reserve the right to change our Fees and structure of our Fees at any time and for any reason, and such changed fees shall be applicable to any new subscription or subscription renewals.
If we are unable to process a payment using your credit card on file, we will employ dunning processes to rectify the situation. If we are unable to collect payment, we will suspend your account or terminate it. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to us, including, without limitation, attorneys' fees and costs of collection agencies.
10. Term and Termination.
Your Right to Terminate. You may terminate this Agreement by closing your TBL Account at any time by canceling your account by emailing your request to support@twobrightlights.com. Upon closure of a TBL Account, any remaining Member Content submissions will be cancelled and access to any previously shared or submitted or published Member Content will no longer be available to the relevant parties. Any remaining monthly fee previously paid will not be refunded.
Suspension or Termination by Us. We may terminate this Agreement and close your TBL Account for any reason or no reason at any time. We may also suspend the Services and access to your TBL Account: (a) if you have (or we reasonably believe you have) violated the terms of this Agreement, any other agreement you have with us, or our policies; (b) if you pose an unacceptable reputational risk to us; (c) if you provide us with any false, incomplete, inaccurate, or misleading information or you otherwise engage in fraudulent or illegal conduct; (d) you fail to pay us your Fees; (e) you have long periods of inactivity; or (f) if we decide, in our sole and absolute discretion, to terminate this Agreement, which we may do for any reason stated herein or for no reason whatsoever. If your account is suspended or terminated, you will no longer have access to the information or other files in your account.
Effect of Termination. If your TBL Account is suspended or terminated, you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Services; (c) that the license we provided to you under this Agreement shall end; (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and (e) that we shall not be liable to you or any third party for termination of access to the Services or for deletion of your information or account data. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any suspension or termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the suspension or termination and any other amounts owed by you to us as provided in this Agreement.
11. Privacy and Security.
Your privacy is very important to us. Upon acceptance of this Agreement, you confirm that you have read, understood, and accepted TBL's Privacy Policy located at http://twobrightlights.com/privacyPolicy.php.
By using the Services, you may receive information about other TBL members. You must keep such information confidential and only use it in connection with your own internal business purposes as required to utilize the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the TBL member.
12. Copyright Policy.
We respect the intellectual property rights of others and ask you to do the same. It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of infringers upon our discretion. Details of our policy can be found at http://twobrightlights.com/legal.php. Use rights for all images on the TBL website require that TBL members who use shared content provide a visible credit to the content creator each and every time the content creator's Member Content is used.
13. Your Suggestions.
You may choose to or we may invite you to submit suggestions or ideas about the Services, including, without limitation, about how to improve the Services or our other products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you or attribution, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. The definition of Idea shall not include Member Content.
You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
14. Your Authorization.
During the term of this Agreement, you authorize us: (a) to display your Member Content and any and all of your publication(s); (b) to display any and all of your personal, business, and professional information set forth in your TBL Account; (c) to promote your association with us; and (d) to refer to you as a TBL member and user of our Services.
15. Unauthorized or Illegal Use.
We may decide not to allow any transmission of Member Content if we believe that the transaction is in violation of any agreement, or exposes you, other TBL members, us, or our affiliates to harm. Harm includes fraud and other criminal acts. If we suspect that your TBL Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your TBL Account, and any of your activity with law enforcement.
16. Customer Service.
You are solely responsible for all customer service issues relating to any and all Member Content transmitted using the Services. We shall have no responsibility to investigate, mediate, or respond substantively in any manner regarding any dispute between you and any other party.
17. Passwords and Security.
You are responsible for maintaining the confidentiality and security of your password, which grants access your account. You agree to immediately notify us at passwordfraud@twobrightlights.com of any compromise of your credentials and any unauthorized use of your account. We shall not be responsible for any unauthorized access to, or use of, your TBL Account. You acknowledge that you provide your personal information at your own risk.
Part Two: Additional Legal Terms
18. Indemnity.
You agree to defend, indemnify and hold harmless TBL and its affiliates, and their shareholders, members, subsidiaries, directors, officers, employees, agents and representatives ("TBL Parties"), from any and all liabilities, claims, losses, damages, judgments or awards, costs or expenses, including reasonable attorneys' fees, of whatsoever nature and by whomsoever asserted, whether asserted by a third party or by a party to this Agreement arising directly or indirectly out of, or related to: (a) any actual or threatened breach of this Agreement, including, but not limited to, your representations, warranties, or obligations set forth in this Agreement; (b) a violation or threatened violation of any of our policies; (b) your wrongful or improper use of the Services; (c) your violation or threatened violation of any third-party rights, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any applicable laws of any state, country, territory, or other jurisdiction; (e) any other party's access and/or use of the Services with your unique member name and password; (f) any Member Content you post or otherwise transmit on or through the TBL website or other Services; (g) your use of, or inability to use, the TBL website or other Services; or (h) the licensing of your Member Content or any other media to third parties.
19. Representation and Warranties.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your legal name or legal business name under which you were organized or incorporated, as applicable, and by which you sell your goods and services; (d) you will fulfill all of your obligations to TBL and to each TBL member to which Member Content was accepted by you; (e) you will resolve any dispute or complaint with a third party with such third party; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; (g) your use of the Services will be in compliance with this Agreement; and (h) all of your representations, warranties and covenants contained in this Agreement are true and accurate of the date hereof and will continue to be true and accurate throughout the term of this Agreement.
20. No Warranties.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TBL PARTIES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, TBL DOES NOT WARRANT: (A) THAT THE MEMBER CONTENT IS ACCURATE, RELIABLE OR CORRECT; (B) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MEMBER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
TBL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TBL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
21. Limitation of Liability and Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TBL NOR ANY OTHER TBL PARTY, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE TBL WEBSITE, THE TBL SOFTWARE, ANY OTHER SERVICES, ANY PRODUCTS, ANY MEMBER CONTENT OR ANY WEBSITE MATERIALS CONTAINED IN OR ACCESSED THROUGH, OR USING THE, SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ANY TBL PARTY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TBL'S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL TBL OR ANY OTHER TBL PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR TBL ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TBL, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (NOR their shareholders, members, subsidiaries, directors, officers, employees, agents and representatives) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TBL, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (NOR their shareholders, members, subsidiaries, directors, officers, employees, agents and representatives) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN CONNECTION WITH YOUR USE OF THE SERVICES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TBL AND/OR THE OTHER TBL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
22. Binding Individual Arbitration.
You agree to arbitrate all disputes of any kind that arise with regard to us and/or our Services. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST TBL. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). All disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. 1-16, fully applies. Any arbitration hearing will occur in Cook County, Illinois, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, shareholders, members, subsidiaries, directors, officers, employees, agents and representatives, predecessors, successors and assigns as well as TBL members or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the Cook County, Illinois, or federal court for Illinois.
23. Governing Law.
This Agreement and any dispute between you and us will be governed by Delaware law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Notwithstanding, you agree that we shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
24. Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, which consent may be withheld, delayed or rejected for any or no reason.
25. Other Provisions.
Except as expressly provided in this Agreement, these terms and conditions are a true and accurate statement of the agreement between you and us, and they describe our entire liability and the liability of our vendors and suppliers (including photographers, videographers and other content creators) and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between this Agreement and any other agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
26. Survival.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, all sections of this Agreement intended to survive and remain in effect in accordance with their terms upon the termination of this Agreement shall survive and remain in full force and effect.
27. Notice.
We will provide disclosures and notices required by law and related to this Agreement and the Services to you either electronically by emailing it to the email address listed in your TBL Account or posting the disclosure or notice to the TBL website. Disclosures and notices are considered received by you at the earlier of: (i) the time we email the disclosure and/or notice to your listed TBL Account e-mail address or (ii) the time we post the disclosure and/or notice to the TBL website.
28. Right to Amend.
You agree that we may change, modify, or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the Services, all in our sole and absolute discretion. You agree that notice of such change(s) may be provided either via e-mail to your TBL Account or posting the notice on our website at twobrightlights.com or any other website maintained or owned by us for the purposes of providing Services. Any changes, modifications, and/or additions will be effective immediately upon the earlier of the posting of the revisions via e-mail to your TBL Account or the posting of the revisions on the foregoing website. Any use of the Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any dispute that arose before the modification shall be governed by this Agreement (including the binding individual arbitration clause) that was in place when the dispute arose. If you do not agree to the revised Agreement(s), you must stop using the Service.
Updated May 22, 2012
