Terms of service.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to the Brighter Fun ("Brighter Fun”, "we" or "us") website, www.brighterfun.com (the "Site"). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the "Conditions"). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
USER CONDUCT AND USER GENERATED CONTENT
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the "User Generated Content") to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Brighter Fun a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Brighter Fun and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Brighter Fun the right to pursue at law any person or entity that violates your or Brighter Fun’s rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Brighter Fun is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Brighter Fun reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Brighter Fun is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you.
Anything that you submit or post to the Site and/or provide Brighter Fun, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, "Comments") is and will be treated as nonconfidential and nonproprietary, and Brighter Fun shall have the royalty-free, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, sell, lease, transmit, adapt, and/or create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Brighter Fun and shall not be returned to you. Brighter Fun is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Brighter Fun takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Brighter Fun liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Brighter Fun is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Brighter Fun has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Brighter Fun reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of Idaho, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of Idaho, County of Ada.
DISPUTE RESOLUTION
In the event of any dispute, claim, question, or disagreement arising from or relating to the use of this Site, the User and Brighter Fun shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the dispute cannot be settled through negotiation, the User agrees first to try in good faith to settle the dispute by mediation before resorting to litigation.
LIMITATION OF LIABILITY
In no event shall Brighter Fun or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (A) the use of, or inability to use, the Site; (B) the performance of the services, products, and materials available from the Site; or (C) the conduct of other Users of the Site, even if Brighter Fun has been advised of the possibility of such damages. You assume total responsibility for your use of the Site. Your only remedy against Brighter Fun for dissatisfaction with the Site or any content is to stop using the Site.
CHANGES TO THIS STATEMENT
Brighter Fun reserves the right to change this Terms of Use from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Terms of Use; and (b) agreement to abide and be bound by that Terms of Use.
CONTACT INFORMATION
Brighter Fun welcomes your questions or comments regarding this Statement of Privacy. If you believe that Brighter Fun has not adhered to this Statement, please contact Brighter Fun at:
Brighter Fun
hello@brighterfun.com
Effective as of April 01, 2020