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Last revised 23 September 2021
Note: By using a Blingby Plugin, you are entering into a legally binding agreement with Blingby LLC (Blingby LLC and Blingby used interchangeably ) includes provisions that (1) allow your use of a Blingby LLC under certain terms and conditions, (2) make it clear that your use of a Blingby Plugin does not create a partnership relationship with Blingby LLC, (3) except as expressly authorized by Blingby LLC in writing, make it clear that you can not directly monetize the Blingby Plugin but you can use the Technology for monetization purposes, and (4) allow Blingby LLC to terminate this Plugin Terms of Use and your use of the Blingby Plugins at any time; (the “Agreement”).
1. Blingby Plugins and Plugin Content
1.1 Blingby Inline Plugins (“Plugins”) are tools that you may place on your website or application (“Application”) which allow users of your Application (“Users”) to access and view content through the Blingby Inline Product on your website or application. You agree that these Plugins may display Blingby logos or advertising for third party products (“Plugin Content”).
1.2 Plugins include Plugin Content that is uploaded and activated through the Blingby Dashboard. Access to the Dashboard is part of the onboarding process with its separate Terms and Conditions.1.3 You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Plugin. If you object to our use of any of the foregoing tools, your sole recourse is to stop using the Plugins and remove the Plugins from your Application.
2. Plugin License
Subject to your compliance with this Agreement, Blingby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Plugins on your website solely for your own use as permitted by this Agreement. You are not licensed to use the Plugins for any other purpose, and, except for the limited license set forth herein, nothing in this Agreement shall be deemed to grant you any right, title or interest in the Plugins.
3. Restrictions on Use
The Plugin license is subject to the following restrictions on use: (a) you may not use the Plugins to facilitate the sale of access to Blingby or any information therein without Blingby ’s prior written approval; (b) you may not obscure or disable any element of the Plugins; (c) your Application title and other trademarks and logos must appear at least as prominent as Blingby 's trademarks and logos in the Plugins; (d) you may not display the Plugins in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by Blingby ; (e) you may not display the Plugin on any Application that disparages Blingby or its products or services, infringes any Blingby or third party intellectual property or other right, or violates any applicable law, self-regulatory rules, industry rules and governmental regulations (collectively, “Applicable Law”); (f) you may not place the Plugins on Applications that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, misogynistic or otherwise inappropriate as determined by Blingby or Blingby LLC (used interchangeably) in its sole discretion, (g) you may not commingle or supplement the Plugin Content with any other Blingby data (e.g., you cannot supplement the data you have received via the Plugins with data scraped from our website (whether that scraping was done by you or someone else)) and (h) you may not reverse engineer, copy, duplicate, modify, or copy Blingby Technology. Subject to the limited license granted to you above, the Plugins and the Plugin Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed without Blingby ’s prior written approval in each instance. You acknowledge and agree that Blingby may crawl or otherwise monitor your Application for the purpose of confirming compliance with this Agreement. You must never use or include the following Plugins or Plugin Content in any advertisements or for purposes of targeting advertisements: Follow Company, Member Profile, Company Insider, Jobs You Might Be Interested In and Blingby AutoFill.
4. Other Obligations
Your use of the Plugins must also comply with the following terms, which are hereby incorporated by reference: the Blingby Privacy Policy and the Blinbgy Terms of Service . In the event of any conflict between the content in this document and the above documents, this document controls your use of the Plugins.
5. Link to Content Pages
You may not display the Plugins in a manner that does not permit successful linking to, redirection to or delivery of the applicable Plugin Content. You may not insert any intermediate page, splash page or other content between the Plugins and the applicable Plugin Content.
6. Your User Agreement and Privacy Policy
Your Application must include your own user agreement and privacy policy. Your user agreement and privacy policy must be prominently identified and located where Users download or access your Application. Your privacy policy must comply with all Applicable Law and accurately describe the collection, use, storage and sharing of data.
7. Brand Features and Publicity Rights
Subject to the terms of this Agreement and the Blingby Branding Guidelines, we grant you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable license during the term of this Agreement to display the Blingby trademarks or logos that we may make available to you to publicize your use of the Plugins, but you may not state or imply that you have a partnership, or any other type of relationship, with Blingby, or make any other statements that suggest that your use of the Plugins exceeds the scope of use permitted by this Agreement. Blingby LLC may cite and state that you are a user of Blingby Technology.
8. Publicity by Blingby
We may publicly refer to you, orally or in writing, as a licensee of the Plugins and we may publish your name and/or logo (with or without a link to your Application) on the Blingby website or service, in press releases, and in promotional materials without your prior consent. Following the termination of this Agreement and upon written request from you, Blingby will make commercially reasonable efforts to remove all references and links to your Application from the Blingby website or service. Blingby will have no other obligation to delete copies of, references to, or links to your Application.
9. No Warranty
THE PLUGINS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Blingby DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PLUGIN, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Blingby FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE PLUGINS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLUGINS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA OR INACCURATE DATA THAT RESULTS FROM THE USE OF THE PLUGINS.
10. Limitation of Liability
YOU AGREE THAT BLINGBY LLC SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE PLUGINS. THIS LIMITATION OF LIABILITY SHALL APPLY TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BLINGBY LLC or BLINGBY (used interchangeably ) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BLINGBY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED $50.00.
11. Indemnification
You will defend, hold harmless and indemnify Blingby LLC and our affiliates, and their employees, shareholders and directors, from any third party claim or action, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of your obligations herein.
12. Right to Modify and Terminate
Blingby may modify, supplement or replace the terms of this Agreement for any reason, effective prospectively upon posting. If you do not agree to any changes to this Agreement, you can terminate this Agreement by discontinuing use of the Plugins. Without cause Blingby may (a) terminate your use of the Plugins, and (b) terminate this Agreement by giving notice to you. In either case, you agree to promptly remove the Plugins from your Application and cease all further use of the Plugins. Those rights and obligations that by their nature are intended to survive expiration or termination of this Agreement will survive.
13. General Provisions
This Agreement will be governed by and construed in accordance with the laws of the State of New York. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior proposals and agreements (oral or written) between the parties, related to your use of the Plugins. THIS IS NOT PART OF THE ONBOARDING AGREEMENT. THE ONBOARDING AGREEMENT THAT GIVES ACCESS TO THE BLINGBY DASHBOARD HAS ITS OWN TERMS AND CONDITIONS.
