These Terms and Conditions (“Terms”) are a binding agreement between you (“you” or “your”) and CLIQstream B.V. (“blinck”, “we”, “us”, or “our”). Blinck offers an all-in-one advertising supported streaming platform, blinck, which provides users free access to various digital content, including Music, Audiobook, Sports, Movies and AI supported tools (the “Content”). These Terms govern your access to the Content, your use of blinck’s website located at www.blinck.com (the “Site”), and your use of the blinck application (including all related documentation, the “Licensed Application”). The Content, the Site, and the Licensed Application, including the products and services accessible thereon, and certain features, functionality, and content accessible thereon are collectively referred to in these Terms as the “Platform”.
Carefully read these terms before using the platform. By using the platform, you (i) acknowledge that you have read, understand and accept these terms; (ii) represent that you are 13 years of age or older; and (iii) accept these terms and agree that you are legally bound by its terms. If you are between 13 and the age of majority in your state of legal residence, you must have your parent’s or legal guardian’s permission to use the platform. If you do not agree to these terms, or do not have your parent/legal guardian’s permission, please do not use the platform.
These terms affect your legal rights, by, among other things, limiting our liability and requiring mandatory arbitration of disputes as described in section 16.
You agree that the Platform contains and transmits audio and video programming and digital content. In addition to these Terms, your access to and use of this Platform is governed by the Site's Privacy Policy located here , which is incorporated herein by this reference and more fully explained in Section 6 below. Your access to and use of this Platform may require you to acknowledge your acceptance of such Privacy Policy and/or to register with the Site, and your failure to do so may restrict you from accessing or using all or certain features and functionality of the Platform. You may not alter, transmit, or disassemble the Platform in any manner in whole or in part, including without limitation, any taking or transmitting screen captures (videos or stills) from the Content. Any attempt to do so is a violation of blinck’s rights and these Terms, and so doing may subject you to prosecution and damages, as well as being prohibited from accessing and using the Platform.
The Platform and all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”) therein, are owned or controlled by blinck, our licensors, and certain other third parties. All right, title, and interest in and to the Content and the Intellectual Property available via the Platform is the property of blinck, our licensor(s), or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or Intellectual Property and unfair competition rights and laws to the fullest extent possible. blinck owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Platform. You may not sell, offer for sale, copy, modify, alter, create derivative works from, upload, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content, in whole or any part thereof, in any way, unless expressly permitted to do so by blinck. You are also prohibited from publishing broadcasting, framing, excerpting any of the Content. You are also prohibited from in any way commercially exploiting any of the Content.
Subject to the Terms, blinck grants you a limited, non-exclusive, revocable, and nontransferable license to:
a) download, install, and use the Platform for your personal, non-commercial use on a computer, mobile cellular device or other internet enabled or permitted device owned or otherwise controlled by you (“Device”) strictly in accordance with the Platform’s documentation and these Terms;
b) access, stream, and use on such Device the Content made available in or otherwise accessible through the Platform, strictly in accordance with these Terms and the terms of use applicable to such Content as set forth in Section 1;
c) depending on the Content or the Third-Party Software (as defined below), blinck may give you the option to temporarily download such Content and/or Third-Party Software on your Device (“Temporary Download”). The Temporary Download may be subject to certain limitations which will be communicated to you at the time of download; and
d) use the Content provided through the Platform only in the manner presented and provided by blinck.
You agree to use the Platform only in compliance with these Terms and any applicable federal, state, and local law, statutes, regulations (“Applicable Law”). You shall not:
a) copy, modify, alter, or transfer the Platform, except as expressly permitted by this license and these Terms;
b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
c) reverse engineer, disassemble, decompile, decode, creative derivative works of, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
d) remove, delete, alter, or obscure any Intellectual Property notices from the Platform, including any copy thereof;
e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one Device at any time;
f) remove, disable, circumvent, or otherwise create or implement any workaround to any copyright or other Intellectual Property protection, rights management, or security features in or protecting the Platform; or
g) use the Platform in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
You acknowledge and agree that the Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform (including the Content) under these Terms, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Blinck and its licensors and third-party service providers reserve and shall retain their entire right, title, and interest in and to the Platform, including all Intellectual Property rights therein or relating thereto, except as expressly granted to you in these Terms. Blinck acknowledges the following:
i) you retain ownership of the Device upon which the Content and/or Platform is downloaded and installed;
ii) any applications and data obtained and installed by you on your Device are your property, except to the extent the applications and/or data are used by, or included with the Platform;
iii) the telephone number for the Device, if any, is your property.
a) You acknowledge that when you download, install, or use the Platform, blinck may use automatic means (including, for example, web beacons) to collect information about your Device, and about your use of the Platform. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Platform or certain features or functionality. All information we collect through or in connection with this Platform is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
b) You further acknowledge that as a condition of using the Platform, you may be required to provide certain personal information (including name and email address) and may be required to consent to receive marketing emails, including without limitation emails promoting third-party products and services. Your use of the Platform and acceptance of these Terms constitutes your affirmative consent to receive such marketing emails. You will have the ability to opt out of receiving these marketing emails at any time, and opting out of receipt thereof will not materially impact your access to or use of the Platform.
The Platform contains or displays the Content, proprietary information, and materials that are protected by applicable Intellectual Property and other laws, including, but not limited to, United States copyright and law and international treaty provisions. You acknowledge that no title to the Intellectual Property accessible via or included in the Platform or Content shall be transferred to you as a result of your acceptance of these Terms. You further acknowledge that title and full ownership rights to the Platform and Content will remain the exclusive property of blinck and/or its licensors, and you shall not acquire any rights to the Platform or the Content except as expressly set forth in these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Platform or displayed in any Content.
a) Accounts. In order to access or use some of the features of the Platform, you must first register through our online registration process through the Platform by entering your email address, selecting a password (collectively, the “Registration Information”). If you are a minor in your state of residence, and unless you have your parent's or legal guardian's permission, you are not permitted to register as a user or otherwise access or use the Content or submit personal information to us.
b) Restrictions and Limitations. We will have no liability associated with, or arising out of your failure to maintain accurate, current, and complete Registration Information, including liability arising out of your failure to receive critical information about the Platform, or your account. We will not be responsible for verifying your Registration Information. Your Registration Information may not violate the rights of any person. We reserve the right, at our discretion, to refuse registration of your account; cancel or deactivate your account, including due to inactivity; and delete all related information and files in, or relating to, your account.
c) Confidentiality and Security. You are solely responsible and liable for the confidentiality and security of your account. You must immediately notify us at [email protected] of any unauthorized use of your account, password, or username or any other breach of security.
a) Ongoing Subscription. We offer the Platform on a subscription basis (“Your Subscription”). The Subscription is free, however, you will be required to view advertising in order to access Content on the Platform. You will also be required to consent to receive marketing emails as a condition of using the Platform. You may opt out of receiving marketing emails at any time. Your Subscription will continue unless and until you cancel or your account is otherwise suspended or terminated pursuant to Section 27 of these Terms. Blinck reserves the right to change the terms of Your Subscription, including charging a Subscription fee for continued use of the Platform. We will give you advance notice of any material changes to your Subscription.
b) Cancellation. You may cancel Your Subscription at any time by logging into your account settings. If you cancel Your Subscription, your account will be automatically deactivated, and you will no longer continue to have access to the Platform.
You acknowledge that due to circumstances outside of our control, you may not be able to access all or some of the Platform and Content if you attempt to use the Platform from a location outside of the United States. You further acknowledge that access to the Platform and Content may not be legal if attempted by certain persons or in certain countries. If you access the Platform or Content from a location outside the United States, you are responsible for compliance with local and federal laws.
Blinck may, from time to time in its sole discretion, develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete, in their entirety, certain features and functionality on the Platform. You agree that blinck has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Platform. Based on your Device settings, when your Device is connected to the Internet either:
a) the Platform will automatically download and install all available Updates; or
b) you may receive notice of or be prompted to download and install available Updates.
You agree to promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of these Terms.
The Platform may display, include, integrate, or make available third-party content, separate Cliq applications, or provide links to third-party websites or services, including through third-party advertising platforms (collectively, “Third-Party Services”), which blinck does not control. You acknowledge and agree that blinck is not responsible for the content or operation of these Third-Party Services, and blinck does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. The inclusion of any Third-Party Service is not (i) an endorsement by blinck of the website or application, (ii) an acknowledgement of any affiliation with its operators or owners; or (iii) a warranty of any type regarding the information or offer on the site. Third-Party Services are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such Third-Party Services' terms and conditions.