Terms and Conditions
-
Description of Service. Brightoncore is a free, online application from Brightoncore
(the "Service"). You understand and agree that the Service is provided on an AS IS and AS
AVAILABLE basis. Brightoncore disclaims all responsibility and liability for the availability,
timeliness, security or reliability of the Service. Brightoncore also reserves the right to
modify, suspend or discontinue the Service with or without notice at any time and without
any liability to you.
-
Personal Use. The Service is made available to you for your personal use
only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at
http://www.ftc.gov/ogc/coppa1.htm), you
must be at least thirteen (13) years of age to use this Service. You must provide current,
accurate identification, contact, and other information that may be required as part of the
registration process and/or continued use of the Service. You are responsible for
maintaining the confidentiality of your Service password and account, and are responsible
for all activities that occur thereunder. Brightoncore reserves the right to refuse service to
anyone at any time without notice for any reason.
-
Proper Use. You agree that you are responsible for your own communications
and for any consequences thereof. Your use of the Service is subject to your acceptance of
and compliance with the Agreement. You agree that you will use the Service in compliance
with all applicable local, state, national, and international laws, rules and regulations,
including any laws regarding the transmission of technical data exported from your country
of residence. You shall not, shall not agree to, and shall not authorize or encourage any
third party to: (i) use the Service to upload, transmit or otherwise distribute any content
that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or
is otherwise objectionable as reasonably determined by Brightoncore; (ii) upload, transmit or
otherwise distribute content that infringes upon another party's intellectual property
rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent
others from using the Service; (iv) use the Service for any fraudulent or inappropriate
purpose; or (v) act in any way that violates the Program Policies, as may be revised from
time to time. Violation of any of the foregoing may result in immediate termination of this
Agreement, and may subject you to state and federal penalties and other legal consequences.
Brightoncore reserves the right, but shall have no obligation, to investigate your use of the
Service in order to determine whether a violation of the Agreement has occurred or to
comply with any applicable law, regulation, legal process or governmental request.
-
Your Intellectual Property Rights Brightoncore does not claim any ownership in
any of the content, including any text, data, information, images, photographs, music,
sound, video, or other material, that you upload, transmit or store in your Brightoncore account.
We will not use any of your content for any purpose except to provide you with the
Service.
-
Representations and Warranties. You represent and warrant that (a) all of
the information provided by you to Brightoncore to participate in the Services is correct and
current; and (b) you have all necessary right, power and authority to enter into this
Agreement and to perform the acts required of you hereunder.
-
Privacy. As a condition to using the Service, you agree to the terms of
the Brightoncore Privacy Policy as it may be updated from time to time. Brightoncore understands that
privacy is important to you. You do, however, agree that Brightoncore may monitor, edit or
disclose your personal information, including the content of your emails, if required to do
so in order to comply with any valid legal process or governmental request (such as a
search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms
of Use and the Brightoncore Privacy Policy. Personal information collected by Brightoncore may be stored
and processed in the United States or any other country in which parent company Brightoncore LLC
or its agents maintain facilities. By using Brightoncore, you consent to any such transfer of
information outside of your country.
-
Indemnification. You agree to hold harmless and indemnify Brightoncore, and its
subsidiaries, affiliates, officers, agents, and employees from and against any third party
claim arising from or in any way related to your use of the Service, including any
liability or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a
case, Brightoncore will provide you with written notice of such claim, suit or action.