You may not allow other persons to use your User account, and you agree that you are the sole authorized User of your account. A person under 18 can use a parent’s account with the permission of the parent and the parent has read and agrees to this Agreement on your behalf. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. The Blink Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. The Blink Platform may only be used by individuals who can form legally binding contracts under applicable law. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable). Continued use of the Blink Platform or Services after any such changes shall constitute your consent to such changes. Blink reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting.
BLINK APP OWNERS UPDATE
We will also update the “Last Updated Date” at the top of this Agreement or on the Blink Platform. All such modifications will be effective upon posting on the Blink Website, and any use by you of the Blink Platform after the posting of any such modification will constitute your agreement to that modification. In the event Blink modifies the terms and conditions of this Agreement, such modifications shall be binding on you and may be modified by us at any time without prior notice. Each photographic Service provided by a Photographer to a Customer shall constitute a separate agreement between such persons. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion.
For purposes of this Agreement, the photographic services provided by Photographers to Customers that are matched and connected through the Platform shall be referred to collectively as the “Services”. As a User, you authorize Blink to match and connect you with a Photographer or Customer based on factors such as your location, type of shoot, photographic expertise, your destination, user preferences, and platform efficiency, and to cancel an existing match and connection based on the same considerations. Each person may only create one User account, and Blink reserves the right to shut down any additional accounts. Photographers and Customers are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Blink Platform. The Blink Platform provides a marketplace where persons who seek photographic photos for certain life events and activities (“Customers”) can be matched and connected with persons providing photography and videography services in location(s) of their choosing (“Photographers”). If you use the services of Blink or its affiliates in another country, by using the Blink Platform in that country you agree to be subject to Blink’s terms of service for that country. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BLINK PLATFORM AND MAY NOT RECEIVE SERVICES. AS A CUSTOMER, PHOTOGRAPHER OR PHOTOGRAPHER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT SECTION BELOW.īy entering into this Agreement, and/or by using or accessing the Blink Platform you expressly acknowledge that you have read, understand and agree to this Agreement (including the dispute resolution and arbitration provisions in the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT Section below) and accept all of its terms. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BLINK TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BLINK HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT SECTION BELOW). These terms of service constitute a legally binding agreement (the “Agreement”) between you and Blink Incorporated (“Blink,” “we,” “us” or “our”) governing your use of the Blink application, website, and technology platform (collectively, the “Blink Platform”).
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