BE IRRESISTIBLE TERMS AND CONDITIONS
(Last updated on 10/8/2019)
These Terms and Conditions outline the services we provide and constitute a binding agreement between the customer, with Blink Publishing, LLC. The Terms and Conditions have to be deemed to be affirmed for use of the site and purchase our products.
BY USING THIS SITE, USERS AGREE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THIS SITE.
BeIrresistible.com would like you to utilize your own sense of humour and to take a secure method of dating to maintain healthy relationships. Take a moment to review these secure dating guidelines, since they form component of the Terms and Conditions that govern our website.
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
1.1. Definitions.
"Dispute" or "Dispute" refers to any claim or conflict, dispute or dispute between the parties that arises from or connected in any way with, the Terms (or any additional Terms, terms, or modification contemplated in the Terms) which includes, but not with the limitation of any action in tort, contract, or in any other way in equity or at the law, or any suspected breach, including the exclusion of any aspect relating to the meaning, impact of, validity, execution, termination, or the interpretation, or enforcement of the terms or other Terms contemplated by the Terms.
The term "Material Breach" refers to any violation of these Terms if it occurs in which any reasonable individual with the status of party not breaching would be inclined to immediately cease these Terms as a result of the violation.
Referrals to "Product" refer to all of the products sold by us, which includes but not limited to the irresistible eBook.
References to the "Site" mean the Web site bearing the URL www.beirresistible.com as well as any other Sites owned and/or operated by us under the Be Irresistible or Be Irresistible brands.
The terms "Terms" and/or "Agreement" are used to refer to "Terms" or "Agreement," mean this terms and conditions as they are set out in this document.
The words "us," "we," "our," and/or "BP," mean Blink Publishing, LLC, d/b/a Blink Publishing, a Texas limited liability company.
The terms "you," and/or "User" refer to the user of the Website, and/or the buyer of a product.
1.2. Agreement to be Bound.
The terms and conditions, along with the pertinent information set in this Site and any other options and services that are available for use, including RSS feeds videos, podcasts, photographs publications, among other materials, are subject to the terms and conditions set out below. Be sure to read them carefully, because any your use of the Site constitutes an agreement without accepting of any obligation resulting from it by the user. When you use the Site or buying a Product You represent to be at a minimum of 18 (18) an age and have read and understood the terms and conditions and you have agreed to be bound by the Terms and Conditions described below.
This Terms and Conditions will be subject to the Privacy policy, and it regulates the use you make of this Website.
SECTION II: GENERAL PROVISIONS
2.1. Accuracy, Completeness, and Timeliness of Information Provided via the Site.
We do not assume any responsibility for information that is made accessible on the Site isn't accurate and complete. We are not responsible for information that is outdated, incomplete, or out of date. You agree that information on the Site as well as the Products are intended to provide general information only. They shouldn't be relied on or relied upon for the sole purpose for making decisions, without using primary, more reliable more complete, more comprehensive, or more up-to-date resources of knowledge. This includes but not only limited to medical, financial or legal actions, decisions, or inability to act or any other obligations. The use of the Website and/or the products is at your own risk.
2.2. Errors in Web Site or Products.
We cannot guarantee that any mistakes on the Site or in the Products will be fixed.
2.3. Modifications and Changes to Terms and Conditions.
We can alter, amend any of these Terms and Condition or other agreements, in full or in parts, at our absolute discretion at any time and with any changes, additions, or deletions becoming effective immediately upon their publication on the Site and/or via email to our registered users. Your access to the Site following the modification, addition or removal of the Terms and Conditions will be considered to signify your acceptance of any modified or deletion, whether it is an addition, modification, or.
2.4. Modifications and Changes to the Web Site, Product Offered.
We are able to modify the content, add features, or remove, or suspend any aspect of this website or any of the Products provided by us in whole or in parts, at our own decision at any time, including any changes or additions becoming immediate in effect. These modifications, additions, or deletions can include but are not limited to the content that is offered, hours of availability as well as the equipment required to access or use the Site.
2.5. Access to Site.
While we strive to keep the Site accessible twenty-four (24) 24 hours a day and seven (7) seven days a week, with the exception of scheduled down-times for maintenance, we cannot guarantee that the Site will be accessible throughout the day and night.
We cannot warrant that your device, tablet or smartphone can access and/or use the Site.
2.6. Right of Refusal, Limitation, Discontinuation, and Termination.
The Company reserves the rights to deny or refuse to give access to the Website or to purchase a Product for any reason, at any time at our sole and absolute discretion. We are able to, in our sole and sole discretion, restrict or terminate the User Account (as defined in the following section) at any time for any reason in accordance with the law. If we make changes to or end one of your Accounts, we could try to notify you by contact via the email address which was supplied at the time that the Account was established However, inability to notify you will not create any liability, which includes any liability for lost data due to the account cancellation.
2.7. Prohibited Uses of Site.
In addition to the other limitations on use set forth in the document You agree and accept that you will not utilize Site Site: (a) for any unlawful reason; (b) to solicit Users to engage in or take part in unlawful activities or to engage in any acts that are not in connection with your purpose(s) for which you use this Site; (c) to infringe any federal, international, or governmental provincial or state regulations or laws, rules or local ordinances (d) to violate or infringe on your intellectual property rights, or intellectual property rights of other people; (e) to harass or inflict insults, abuse or harm, defame, harass, slander, or disparage or discriminate on the basis of gender or sexual orientation or religion, ethnicity, race or age, national origin or disability (f) to post false or inaccurate details; (g) to upload or transmit viruses, or any other malicious code that could use in any manner that could affect the operation or functionality on the Site; (h) to gather or track private information of other users; (i) to spam or phish, pharm or any other type of malicious code that may be used to spam, phish, pre scrape, or crawl; (j) to use the Site for any unlawful or illegal purpose; as well as (k) to disrupt or bypass the protections of the Site. We are entitled to end your access to the Site for violating any one of the prohibited uses, or any other reason at our sole and final decision.
2.8. Professional Disclaimer
This website does not constitute or is intended to be expert advice or recommendations of any type. If you need advice regarding any financial, legal or psychological subject, consult a qualified professional.
Be Irresistible provides content on the subject of relationships and dating to entertain. Because our products are intended strictly for entertainment They should not be regarded as medical, legal or professional advice.
When you purchase our products through the website we offer, you acknowledge that we aren't offering you any psychological or medical advice. The information we provide is intended to be used for entertainment only.
To protect his privacy as well as those of his face-toface clients, James Bauer has opted to go with a pen name as well as a face actor and voice actor. The stories and examples James is sharing may have seen changes to names as well as specific information to ensure his clients' privacy. The stories shared could also contain a mix of several lessons.
2.9. Newsletter
If you decide to sign up for our newsletter, which is free (by entering your email and name) you agree that we can contact you via email and other information we think would be informative or beneficial for you.
We may occasionally send you an email with suggestions for useful products. We could receive the payment if you decide to purchase one of these items. You are not required to purchase these items and you are able to unsubscribe at anytime. We will try to include an unsubscribe link within each email. We can also ask you to request that your information be removed of our mailing lists.
By signing up to our newsletter you also agree to undertake no financially or legally enforceable action on Irresistible.com (Blink Publishing LLC) or any of its partners or affiliates in the event you are dissatisfied in our publication.
SECTION III: ACCOUNTS
3.1. Online Accounts.
Users will be offered the chance to sign up using an on-line registration process in order to establish a User account (your "Account,") which will permit you to receive communications from us, and/or participate in specific features on the site and/or buy products. We will use the data that you provide in line the terms of our privacy Policy. When you sign up with us, you warrant and represent that all information provided in the form of registration is current, accurate and true to the highest that you are aware. You agree to keep and promptly update your registration details to ensure it's current, complete and up-to date. When you register you could be asked to create your password. You agree and acknowledge that we can rely on your security measure to determine who you are. You are accountable for the activities that you make with your Account regardless of whether you have authorized access or used it, and you are responsible for ensuring that the uses of your Account are in entirely with the requirements in these terms and conditions. Accounts can be cancelled at any time through the account settings.
3.2. Transfer Prohibited.
You agree not to transfer, sell or trade this Account to any other person or company.
3.3. Right to Monitor.
We will have the power to check your Account at our sole discretion and at our sole discretion.
3.4. Account Guidelines.
The Site could include the possibility to allow Users to communicate with each with one another through discussion and comment areas, or by submitting of blog entries ("Interactive Area.") In participating within an interactive Area Users agree that all Users acknowledge and agree that they have:
Should never upload, share, or make available to the Site any defamatory, libelous or pornographic, obscene or abusive illegal content and
Shall not harass or verbally insult other users, use profane language, or interrupt discussions by sending repeated messages, irrelevant message or "spam" or
Should not use any language that discriminates or abuses due to race or religion and nationality, gender sexual preference or any other factor, such as age, regionality or disability. Any form of hate speech can result in immediate and permanent ban on access to the entire or a portion in the Interactive Area and use of the Site as well as
You must not personally target another Users. Personal attacks constitute a direct violation of these Conditions of Use and constitute causes for immediate and long-term removal of your access to the entire or a portion of the Interactive Area and use of the Site.
Should not make use of this Interactive Area to distribute or otherly publish any content which contains solicitation of money, advertisements or solicitation of goods or services, except for the sale of products within the context of the purpose stated on the Site and
Do not upload, publish or transmit any information which violates any law, or engage in any activity that could be a criminal violation or entail an civil liability;
Do not share commercial messages (such such as a spam) or
Should not upload, share or distribute any material which promotes or offers instructions regarding illegal activities or discusses illegal acts with the intention to engage in them; and
Should not upload, post or send any other information that isn't generally related to the specific subject or thematic area or theme of an Interactive Area; and
You must not impersonate any individual or entity, including but not limited to one of our employees or falsely claim or falsely represent your affiliation with any individual or entity or entity; and
Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Area or posting private information about a third-party; and
Do not engage in illegal multi-level advertising, like a pyramid scheme.
Should not upload, share or transmit any information, content or software that contain viruses or any other destructive or harmful component or other harmful or disruptive component.
Should be sure not to interfere or interrupt the Site or The Interactive Area or the servers or networks linked to it or violate any rules, procedures such as procedures, policies, or regulations of the networks that are connected to the Site or it's Interactive Area; and
Do not encourage or facilitate any violation in these terms and conditions of Use or our policies.
Users further agree and acknowledge that any profile they make could be edited, deleted from the database, altered, published or transmitted as well as displayed on our website and they give up any rights they enjoy in having their profile altered or modified in a way that is not acceptable to them.
3.5. Rights in Submissions.
If you upload, display, publish or upload any other material to the interactive Area, ( "Submissions,") you consent to grant us and our partners as well as affiliates an exclusive, limited, non-exclusive, sub-licensable worldwide, fully-paid royalty-free license to use the Submissions, modify them, and publicly perform and publicly display the Submissions, reproduce and distribute your Submissions on any and every media currently created or later designed for hosting, indexing caching and distributing, as well as marketing, tagging, and for any other lawful uses without the obligation to pay or obtain approval from or any third-party.
You warrant and represent that you are the owner of or possess an authorized license to use all Submissions, and that you are able to grant the license described in this document, and that the display or publishing of any Submissions is not infringe the privacy rights or publicity rights, copyrights trademark rights, patents or contract rights, or the intellectual property rights of any rights of any individual or organization.
3.6. Right to Monitor.
We will have the power to check your Account and all submissions made by you at our sole and sole discretion.
3.7. Customer Support.
Customer support regarding your Account or any Product purchase may be reached at https://support.beirresistible.com/ or via our customer support voicemail at the number found on our Site. Customers can also reach us by email support@be irresistible.com. We try to answer support inquiries within 48 working hours and excluding U.S. federal holidays.
SECTION IV: TERMS OF SALE
4.1. Sales Price.
The price of sale for our products is described at checkout as well as on the day of purchase. Taxes, if applicable, will be added at the time of sale. Prices for sales can change at any time, in our sole and sole discretion.
4.2. Payment Method.
The payment will be processed electronically using the user's chosen payment method. Payments will be processed instantly.
4.3. Refunds, Exchanges.
If you are not satisfied with your purchase, you may request a refund for any reason within sixty (60) calendar days of your purchase date by emailing us at support@beirresistiblecom.
4.4. Right of Refusal, Limitation, Change and Discontinuation.
If we alter, or cancel an order we will try to notify you via the email address you provided at the time that the purchase was placed.
The company reserves the rights to end or restrict the sales and/or distribution to any of the products offered by us for any reason, at any time at our sole and absolute discretion.
Any offer for sale of any and all products made by us is null and void when it is not permitted.
SECTION V: INTELLECTUAL PROPERTY
5.1. Intellectual Property Rights Not Waived.
This is an agreement to use and access and use of Site and Products and Products, and you do not receive a license to any intellectual property or software in these Terms and Conditions. This Site and Products are protected by the Site and Products are protected by U.S. and, where appropriate International intellectual property law. These Site and Products are owned by us and are our property or that of our licensing partners (if they have any). We own all ownership rights to Products and the Site. Site and Products.
Additionally, all content that is shown or transmitted on this Site as well as via the Products which includes but are not the least, text, photographs images, illustrations audio clips, video clips, and images, ("Materials,") are the property of us and protected by U.S. and international copyright trademarks, service marks, trademarks and other rights of proprietary as well as treaties, laws, and other rights.
In addition, unless otherwise stated in the Materials, you are not allowed to reproduce, copy, publish or transmit the Materials, rent, or sell or create derivative works of the Materials, distribute, republish or perform, display or commercially make use of the Materials available on the Site or through the Products and Products, nor can you violate any copies or intellectual rights included on the Materials. You are not permitted to modify or remove or cause the removal or modified, any trademark, copyright or other proprietary notices or logos and visual marks in the Materials.
You are permitted to print a single print of any Materials that we provide via this Site or through a purchase for your personal and non-commercial purposes only and only if you do not remove or cause the removal of any trademarks, copyrights or other proprietary notices or visual or graphic marks on the Materials. You are not permitted to save or preserve all of the Materials that you access through the Site without our prior written consent. All requests for the archiving, publication or the retention of any portion of the Materials should be made in writing to us, and must clearly define the reason for and the manner of how the Materials is utilized. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to support@beirresistible.com.
There are no rights or licences whatsoever with respect to the Materials apart from those limited licenses to utilize the Site according to the Terms and Conditions. All materials downloaded and downloaded through this website must be downloaded or accessed according to the Terms and Conditions set out within this Agreement. We reserve all rights not explicitly granted in the Terms and Conditions.
5.2. Feedback.
You could be asked to offer feedback, reviews, suggestions and feedback (collectively, "Feedback.") If you do submit such Feedback, you grant us the sole rights to the Feedback including, without limitations, the right for us and any third party we choose to use, copy, transmit, excerpt, publish copies, transmitting the Feedback, to publish, or excerpt it and distribute it, display it publicly publically perform, and make derivative works from hosting, indexing the information, cache, tag it encode, alter and modify (including not limiting the right to modify to downloading, streaming broadcast mobile, digital scanning, thumbnails or any other technology) in any format or medium today or in the future developed. All Feedback provided by you will be considered non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also authorize any other user to view, access and store the content solely for personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Real Beauty Breakthrough or its initiatives, (your "Ideas.") With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback, provided to us by third-parties, or independently-developed or considered by us, shall be without obligation to you.
SECTION VI: Third-Party Advertisements, Promotions, and Links
6.1. Third Party Advertisements and Promotions.
We may from times to times, show advertisements and promotions of third-party advertisers from time to time on our Site. Your correspondence with as well as participation in promotional activities run by advertisers that are not us, and any other terms or conditions or warranties that are associated with these dealings are entirely between you and that third-party. We do not assume any responsibility or responsible for any damage or loss caused by or due to of these dealings or as a consequence of the presence on the Site of third-party advertisements in the Site.
6.2. Use of Third-Party Tools.
We are able to offer you access to third-party software that we do not supervise nor do we have any influence or any input.
You acknowledge and acknowledge that we provide access to these devices "as it is" and "as accessible" without any guarantees or representations or any other kind and without any representation or endorsement. We are not liable whatsoever arising out of or in relation to the use of any tools from third parties.
Utilizing any tools that are available through the Site is to your risk, and at at your discretion, and you must make sure that you understand and agree with the terms and conditions under which tools are offered by the 3rd-party provider(s).
6.3. Third-Party Links.
Certain content, products and services offered on our Site could contain materials that are provided by third-party companies.
Links to third-party sites on the Site could lead users to third-party Sites and/or services not associated with us. We are not responsible for reviewing or reviewing the content or accuracy as such, and we don't warrant or assume any responsibility or liability with respect to any Sites or materials from third parties as well as for any other products, materials or services offered by third-party companies.
We do not accept any responsibility for any damage or harm that result from the purchase of or use of any goods or services, information content, or other transaction made to any third-party you interact through the Site. Be sure to read the policies and procedures and make sure that you are aware of them prior to you make any purchase. Concerns, complaints, or claims or queries concerning third-party products need to be addressed to the company that you are dealing with.
SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
7.1. Disclaimer of Warranty; Limitation of Liability.
(A) YOU AGREE THAT USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE use of the Site OR THE PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR PRODUCTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY INFORMATION PROVIDED VIA THE SITE OR PRODUCTS, DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) In no case shall we or our affiliates nor any of their respective DIRECTORS and employees, OFFICERS CONTRACTORS, PARENTS agents, SUBSIDIARIES, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS BE LIABLE to you or any other person for any loss or DAMAGES however caused, including but not limited to any indirect OR SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR OTHER DAMAGES including but not limited to professional liability DAMAGES, MALPRACTICE LOSSES AND DAMAGES RELATED TO EXEMPLARY, RELIANCE or consequential DAMAGES and loss of profits Personal injury or property damage, death or damage caused by a repudiation, the loss of information or DATA that arises OUT of or in connection with the use of or inability to use the Web Site or PRODUCTS.
(D) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE SITE AND/OR PRODUCTS YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE SITE OR THE PRODUCTS.
(E) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF SALES FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) TWENTY U.S. DOLLARS AND NO/CENTS ($20.00,) WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The limitations above shall continue to apply the Terms and shall be our benefit and that of our directors, affiliates officers, members, parents, employees, contractors and agents, subsidiaries and third-party content providers licensing partners, and any other purchasing person or entity in the event we are sold, either in either whole or in parts, or changed in any way.
7.2. INDEMNIFICATION.
The user agrees to indemnify, defend and protect and indemnify us, including our AFFILIATES and all of our respective directors employees, OFFICERS CONTRACTORS, PARENTS AGENTS, SUBSIDIARIES, THIRD-PARTY CONTENT PROVIDERS and Licensees from and against any claims, suits and costs including attorney's fees, that arise out of or in connection with (a) your use of the SITE and/or PRODUCTS; (B) your noncompliance with or violation in this Agreement (C) the use you make of third-party products, services advertising, links and/or tools. (D) your violation of any rights of a third party, including the rights of third-party intellectual property; (E) the unauthorized use of the Site or products by anyone else that uses your information; and/or (F) the failure of a user to comply with HIPAA or any OTHER rules or regulations.
7.3___ Reasonableness
By accessing this site you agree that the limitations and exclusions of liability set forth in this disclaimer for the website are fair. If you don't think they are reasonable, then you are not permitted to use this website.
SECTION VIII: GOVERNING LAW; ARBITRATION
8.1. Governing Law.
This Terms and Condition will be governed by and construed accordance with the laws in Texas regardless of rules of conflict of law. You consent to the personal court jurisdiction of the courts located within Travis County, Texas, and any cause of action which is related to or arises out of these terms and conditions, Products or the Site should be filed with them, unless you are subject to binding arbitration rules contained in Section 8.2 infra.
8.2. Arbitration.
The parties acknowledge that any dispute arising out of any aspect, connection, or reference to the Terms and Conditions or the Site will be settled exclusively through binding arbitration accordance with the substantive law of Texas and will be submitted to an arbitration hearing at Travis County, Texas, according to regulations of the American Arbitration Association. The arbitrator, not any local, state, or federal local agency or court will have the sole authority to resolve any dispute related to the application, interpretation, enforceability conscionability, formation, or enforceability of this agreement, including however not restricted to claims that the entirety or a portion of the contract is unenforceable or invalid. This contract does not prohibit any party from requesting an interim injunction they believe is required to maintain the status in place prior to the settlement of any dispute regardless of the jurisdiction.
SECTION IX: MISCELLANEOUS
9.1. Affiliate Disclosure.
We could have an affiliate agreement with affiliates and third-party partners which we promote and link to via the Website Our mailing list or the Products. As a result of this partnership we may be able to receive a percentage of the sales bought by users through a third-party affiliate.
9.2. Different and Conflicting Terms.
We have the right however, and we do not assume any obligation to sign conditions or terms to any user. These terms and conditions are not legally binding unless they are specifically accepted by us.
9.3. Authority.
Each party promises to the other party that it is able and has authority to sign the Agreement as well as that the Agreement is binding on that party and is valid in the manner specified in the terms of the Agreement.
9.4. Waiver.
Any waiver of rights under these Terms and conditions is only valid when it is signed by the parties in writing. In the event of a failure to exercise a right or inability to exercise a right will not be construed as an admission of a waiver. It will not hinder a party from exercising its right again in the future. These rights and remedies given are in addition to and not exclusive of rights or remedies that are stipulated by law.
9.5. Force Majeure.
We are not bound to fulfill any obligation if it is impossible to performing it as a result or a result of an act or acts of God or for force majeure, which includes but not limited to the actions that are imposed or taken by any public or government authority or any other circumstance outside our control that includes but is not only natural catastrophes (such as hurricanes, storms and flood and earthquake) as well as civil unrest, war terrorist activity, state of emergency, sanctions by the government embargos, nationalizations and embargos strikes, and the breakdown of public services (such as electrical or telecommunications service). We will make all reasonable efforts to inform you of the causes for the delay and will begin performing when it is possible to do so and without unreasonable delay.
9.6. Assignment.
We will be able to assign or the Terms and Conditions, as well as any of our obligations under them to any third party after notifying you in accordance with the procedure set out in this clause. You agree and agree that you will not transfer or assign its rights, subcontract or delegate the execution of any obligation under these Terms and Condition with our written approval at our sole and sole discretion.
9.7. Rights of Third Parties.
These Terms don't grant any rights to third parties unless expressly stated herein.
9.8. Relationship of the Parties.
They are both independent contractors in the context of these Terms and Conditions, and nothing contained herein should be taken to establish an association or joint venture connection between them. Each party is not authorized to sign Terms that are on behalf of the other.
9.9. Severability.
If any of the provisions in this Agreement is found as invalid, or ineffective according to applicable law, the unenforceable or invalid provision will be considered to be superseded by a valid, legally binding provision that closely matches the intention of the original clause and the remaining provisions of this Agreement remains in force.
9.10. Additional Services, Contests.
We reserve the option, in our sole discretion from time to time to provide contests, programs or other products or services that have unique conditions and terms which are distinct from and may override or be a supplement to in some respects these Terms. In these cases the usage of this Site for the purpose of any such program will be controlled by these Terms along with the specific terms and conditions applicable to the contest product, program, or service.
9.11. Notices.
Except for the expressly stated exceptions the notices will be delivered by mail at: Blink Publishing, LLC 6800 Westgate Blvd. Suite 132, #380, Austin, TX 78745, and, in the event of any user or User's email address, at the address you supply to us (either during registration or whenever the email address you provide changes). The notice will be considered to have been to be given for 24 (24) days after the date that the email has been sent, unless the sender recipient is informed by email that its address was not valid. In addition, we can send notice via certified mail, with postage prepaid and return receipt requested to the address that you provide to us during Registration of Account. In this case the notice will be considered to have been delivered three days from the date of sending.
9.12. Updates.
At times we might update our Terms and Conditions prominently posting an announcement of changes to the Site and we recommend you to revisit them frequently.
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