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Terms of Use

Welcome to BrightsLife! It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you. We reserve the right at any time, with or without cause, to change the terms and conditions of this Agreement; change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or deny or terminate your use of and/or access to the Website.

Registration & account obligation

Access to certain functionalities of the Website will require you to register with and/or provide certain information to BrightsLife. We reserve the right to decline to provide Services to any person for any or no reason. If and when you register with or provide information to BrightsLife, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Website, Services, and/or Information.

You are responsible for maintaining the confidentiality of your password as well as your account. You are also solely responsible for all activities that occur under your account and password. You agree to contact us if there is any unauthorized use of your account or password.

Site content

In accordance with the Digital Millennium Copyright Act, BrightsLife will respond expeditiously to claims of copyright infringement committed using the BrightsLife Website (the “Website”) that are reported to BrightsLifes Designated Copyright Agent.

BrightsLife does not claim ownership of photographs you submit or make available for inclusion on BrightsLife. If you own a photo that has been listed on the Website and you would like it removed, please contact us and we will do so.

Please provide BrightsLife with the following information:

  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found, and the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Website where such reference or link may be found.
  • Provide your mailing address, telephone number, and email address.
  • Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic signature.

Deliver this Notice, with all items completed, to BrightsLife’s Designated Copyright Agent: [email protected]

Acceptable use policy

You agree that you will not post, email or make available any content or use the Website:

  • In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
  • In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • To engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
  • In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
  • In a manner that is harmful to minors in any way;
  • In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
  • To impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Website without authorization;
  • To interfere or attempt to interfere with the proper working of the Website or prevent others from using the Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects other persons’ ability to use the Website;
  • To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Website or the content contained therein;
  • To facilitate the unlawful distribution of copyrighted content;
  • In a manner that includes personal or identifying information about another person without that person’s explicit consent;
  • In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website or to users; and
  • In a manner that constitutes or contains any form of advertising or solicitation.

Additionally, you agree not to:

  • talk” or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of the Website or to proxy authentication credentials for any member of hte Website for the purposes of automating logins to the Website;
  • Post any content containing child pornography to the Website;
  • Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any content that constitutes pornography, contains nudity, or is adult in nature;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website – except for Internet search engines (e.g. Google) and non-commercial public archives that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
  • Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Website’s infrastructure;
  • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website;
  • Use the Website as a generic file hosting service;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Website or for using it for purposes unrelated to the Website); and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Website.

Links

The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

Proprietary rights

You acknowledge and agree that BrightsLife and any necessary software used in connection with the BrightsLife (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the BrightsLife, such Content or the Software, in whole or in part.

BrightsLife grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the BrightsLife. You agree not to access the BrightsLife by any means other than through the interface that is provided by BrightsLife for use in accessing BrightsLife.com.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of BrightsLife, BrightsLife licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of BrightsLife, BrightsLife licensors or suppliers, or the third party owner of any such Trademark, except as set forth in the following paragraph.

You may use the BrightsLife buttons and links provided that (a) such buttons and links link only to the Website; (b) you do not modify such buttons and links or associated code in any manner, (c) you do not use any such buttons and links in any manner which implies or suggests that BrightsLife operates, endorses, sponsors or recommends the website on which such buttons and links are used, and (d) the use of such buttons and links, and the website on which such buttons and links are used do not violate the BrightsLife acceptable use policy stated above. You acknowledge and agree that all rights in and to the BrightsLife trademarks are our exclusive property, and any goodwill generated by your use of any BrightsLife trademark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any BrightsLife trademark. We retain the right to revoke the permission to use such buttons and links at any time for any reason.

Term & termination

This Agreement is effective from the date that you first access the Website or submit any information to BrightsLife, whichever is earlier, and shall remain effective until terminated in accordance with its terms. BrightsLife may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all BrightsLife rights of ownership shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate BrightsLife to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.

Disclaimers

THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATABILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.

Limitation of liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER BRIGHTSLIFE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER BRIGHTSLIFE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURANCY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY ADVERTISING OR OFFERING SERVICES THROUGH THE WEBSITE.