Terms of use
(effective January, 2008)
Welcome to the www.blingnation.com website, made available to you by Bling Nation, Inc., 364 University Ave, Palo Alto, CA 94301, USA (“Bling Nation®” or “we”). By accessing, viewing, downloading or otherwise using any Bling Nation® webpage, any information provided on Bling Nation® webpages, or any related emails or newsletters (hereinafter, collectively the “Website”), you conclude a legally binding agreement with BlingNation® based on the terms of this Bling Nation® Website User Agreement (the “Agreement”).
If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to conclude the Agreement, do not access, view, download or otherwise use the Website.
- Your Obligations – What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, and the following terms, which are incorporated into this Agreement:
- DOs and DON’Ts, which address additional terms, conditions, and restrictions regarding your use of the Website and its Content; and
- Notice and Procedure for Making Complaints Regarding Content
- Claims Regarding Copyright Infringement
License and warrant your submissions: A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (the “Content”) may be available on the Website. Some of the Content is provided by BlingNation® and other Content is provided by persons who use the Website (the “Users”), such as Users’ opinions and views provided via posts to guestbooks, chat rooms, bulletin boards, or discussion forums.
You do not have to, and sometimes will not be able to, submit Content to us, but if you do so, you must: (1) grant to us, and you actually grant by concluding the Agreement, a non-exclusive, irrevocable, perpetual, unlimited, assignable, fully sublicenseable, royalty-free right and license to use, copy, prepare derivative works of, improve, distribute (including, without limitation, making available online, electronically transmitting or otherwise communicating to the public), perform, display in whole or in part, reproduce, translate, adapt, publish, remove, retain, add to, incorporate in other works, and commercialize, in any way now known or in the future discovered, any Content that you submit to us via the Website; (2) represent and warrant that you have all necessary permission to submit, post and otherwise make available such Content and that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights; and (3) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.
Note that we describe our current practices related to personally identifiable information collected through the Website in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.
Indemnify us: You must indemnify and hold Bling Nation® and its subsidiaries, affiliated companies, agents, officers, employees, shareholders, and directors (“Bling Nation® Affiliates”) harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) directly or indirectly related to third party claims, charges, or investigations, caused by your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws.
Pay: If you subscribe to any services that we offer for a charge, you must agree to our Return Policy, which take precedent over this Agreement.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
- Your Rights – What You May Do
On the condition that you comply with all your obligations under the Agreement, we grant to you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any spidering, crawling or other technology or specialist software used to harvest data), to view Content on the Website as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit Content to us at your own risk of loss per Sections 1, 4 and 10 hereof. We grant you no other rights, implied or otherwise.
- Our Obligations – What We Must Do
We allow you to access the Website as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement.
- Our Rights – What We May Do
Modify the Agreement: BlingNation® may make changes to this Agreement from time to time in its sole discretion, by updating this posting on the Website, and specifying the effective date of the new version of the Agreement. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website you should check to see if a new version of the Agreement has been posted.
Modify the Website: We may modify, replace, suspend or discontinue the Website, partially or entirely, without notice to you.
Reserve Intellectual Property Rights: The Website is owned by Bling Nation®. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interests in the Website, its Content, and the designs, trademarks, service marks, URLs, and trade names which are displayed on the Website.
Modify User Submitted Content: Bling Nation® will have the right, in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such User submitted Content. BlingNation® does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Website.
- Your Contact with Advertisers and Other Websites
Advertisers: Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. BlingNation® does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Bling Nation® will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
Other Websites: The Website, or third parties on the Website, may provide links to other sites and/or resources, including advertisers, over which Bling Nation® has no control. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Bling Nation® of content, items, or services on those third party websites. Your access and use of such sites, including the content, items, or services on those sites, is solely at your own risk. BlingNation® makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked websites. You agree that Bling Nation® has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
- Disclaimers with Respect to the Website
DO NOT RELY ON THE WEBSITE OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE WEBSITE AND ITS CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEBSITE.
If you are dissatisfied or harmed by THE WEBSITE or anything related to THE WEBSITE, you may leave THE WEBSITE and terminate the Agreement in accordance with section 9 HEREOF and such termination shall be your sole and exclusive remedy.
- Disclaimers with Respect to Content
While Bling Nation® strives to keep the Content that it posts on the Website accurate, complete and up-to-date, Bling Nation® cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Bling Nation® or by Users of the Website.
THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BLINGNATION® NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING FINANCIAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. YOUR USE OF THE content IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEBSITE.
- Limitation of Liability
Neither we nor any of THE BLING NATION® AFFILIATES shall be liable for any special, incidental, indirect, or consequential damages or loss of use, profit, revenue or data or cost of procurement of substitute services, related to the website or its use. the limitation of liability set forth in the preceding sentence shall:
(1) apply regardless of whether you base your claim on contract, tort (including negligence and strict liability), statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail their essential purpose, and
(2) not apply to any damage that BlingNation® affiliates cause you intentionally and knowingly in violation of the agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this agreement.
- Termination
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice.
- Consequences of Termination
Upon termination, you lose access to the Website. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
- California Law and Arbitration
Choice of Law: The Agreement and any disputes with us or any BlingNation® Affiliate arising out of or relating to the Agreement or the Website (“Disputes”) shall be governed by California law, excluding conflicts of law principles and excluding the CISG.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately looses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to California would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
- General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify via postings on this website (www.blingnation.com), and via email or any other communications means to contact information you provide to us. You may notify us only via fax to: 1-650-352-2208. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Bling Nation® Affiliate shall be deemed legally binding on any Bling Nation® Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of us.
Beneficiaries: Bling Nation® Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Bling Nation® for any third party that assumes our rights and obligations under this Agreement.
Website Intended Audience: The Website is directed to adults and is not intended for children under the age of 13.
- Complaints
Regarding copyright infringement complaints, see our policies and procedures for Claims Regarding Copyright Infringement below. With respect to content related complaints, see our Notice and Procedure for Making Complaints Regarding Content below.
- Contact Information
If you have any questions or concerns with respect to this Agreement or the Website, you may contact a representative of Bling Nation® by e-mail at info@blingnation.biz mailto: or mail at 364 University Ave., Palo Alto, CA 94301, USA.
As a condition to access to the Website, you agree to our Agreement and to strictly observe the following DOs and DON’Ts:
DO:- Comply with all applicable laws, including, without limitation, tax laws, export control laws, and regulatory requirements.
- Provide accurate information to us if you choose to submit Content or communicate with us via the Website.
- Keep your password confidential if you have created a profile or account and registered with the Website. You are responsible for anything that happens through your account until you notify us of a breach, close down your account or prove that your account security was compromised due to a fault of our systems.
- Upload, post, e-mail or otherwise transmit Content that:
- infringes or violates any third party rights;
- infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right;
- falsely states or otherwise misrepresents your identity or affiliation with a person or identity, past or present;
- impersonates any person or entity without their consent;
- violates any law or regulation;
- is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- misrepresents transmission information, forges headers or Internet protocol addresses, or otherwise manipulates identifiers in order to disguise the origin of any Content submitted or communication between a User and the Website; or
- would violate any right or duty under any law or contractual or fiduciary relationship (such as duties to refrain from insider trading or disclosing proprietary and confidential information governed by employment relationships or nondisclosure agreements).
- Upload, post, e-mail or otherwise transmit any
- computer viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, hardware, computer software, data or personal information; or
- unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that BlingNation® considers in its sole discretion to be of such nature.
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks related to the servers hosting the Website.
- Attempt to gain access to any other user’s account or password.
- “Stalk”, abuse or attempt to abuse, or otherwise harass another User.
- Use manual or automated software, devices, scripts robots, or other means or processes to access “crawl” or “spider” any webpages contained in the Website.
- “Frame,” “mirror,” or otherwise simulate the appearance or function of the Website at another online location.
- Attempt to or actually override any security component included in or underlying the Website.
- Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
- Remove any copyright, trademark or other proprietary rights notices contained in or on Website Content, including those of both BlingNation® or any of its licensors without prior written consent from BlingNation®.
- Use or display any trademarks, service marks, logos, or designs owned by BlingNation® without prior written consent from us.
- Remove, cover or otherwise obscure any form of advertisement on the Website.
- Use any information obtained from the Website order to harass, abuse or harm another person.
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting, using, and distributing personally identifiable information about other Users without their permission, except as permitted by this Agreement or applicable law.
- Use other Users’ accounts or let other Users use your account.
- Use the Website in violation of any applicable laws or regulations, or any rules or guidelines established by BlingNation®.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Bling Nation, Inc. has designated an agent (the “Copyright Agent”) to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Bling Nation, Inc.’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website, as that term is defined in the BlingNation® Website User Agreement;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Bling Nation, Inc.’s Copyright Agent can be reached as follows: by e-mail at mailto: or by mail at:
364 University Ave, Palo Alto, CA 94301, USA.
_____________________
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Bling Nation, Inc. may remove or disable access to the material that is alleged to be infringing;
- Bling Nation, Inc. may forward the written notification to such alleged infringer; and
- Bling Nation, Inc. may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to a Claim of Copyright Infringement (a “Counter-Notification in Response”) with Bling Nation, Inc.’s Copyright Agent.
To be effective, a Counter-Notification in Response must be a written communication provided to the Bling Nation, Inc.’s Copyright Agent that includes the following information:
- A physical or electronic signature of the alleged infringer;
- 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 access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Bling Nation, Inc. may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
- Bling Nation, Inc. may promptly provide you with a copy of the Counter- Notification in Response;
- Bling Nation, Inc. may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- Bling Nation, Inc. may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter- Notification in Response, provided Bling Nation, Inc’s. Copyright Agent has not received notice from you that an action has been filed seeking a court order to restrain infringing activity relating to the material on Bling Nation, Inc. network or system.
You may want to seek the advice of independent legal counsel before filing a claim regarding copyright infringement or Counter-Notification in Response.
Notice and Procedure for Making Complaints Regarding ContentTo notify Bling Nation, Inc. of Content, as that term is defined in the Bling Nation® Website User Agreement, that infringes your rights (other than copyright violations in which case please e-mail us at mailto: or is otherwise unlawful (“Specified Content”), you must e-mail us at or send a notice to the Bling Nation, Inc. Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
- Your name, address, telephone number, and e-mail address;
- A description of the Specified Content that you claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
- A description of the exact location of the Specified Content on the Website, as that term is defined in the BlingNation® Website User Agreement;
- (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
- (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
- Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Bling Nation, Inc. Content Complaint ManagerContact information for Bling Nation, Inc. Content Complaint Manager is as follows:
Fax: 1-650-352-2208
E-mail: mailto:
Postal Address: 364 University Ave, Palo Alto, CA 94301, USA
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