Please note that this procedure is exclusively for submitting notices of intellectual property infringement.
This is an agreement between you and Immedia Semiconductor, LLC ("Blink"). Please read these Blink Terms of Service and the other applicable rules, policies, and terms available at Blink’s website, or on or through the Blink Device or its companion app (collectively, this "Agreement") before using Blink websites, devices, products, services, and applications ("Blink Services"). By using Blink Services, you agree to be bound by the terms of this Agreement. Please read them carefully. If you do not accept the terms of this Agreement, then you may not use Blink Services. This includes Blink devices, which you may return in accordance with our return policy. Please also review our Privacy Notice and Cookie Notice.
For the purpose of these Blink Terms of Service:
"Blink Device" means the Blink Sync Module, Blink XT Camera, Blink Indoor Camera, Blink Siren, and, in each case, any Blink accessories for these devices.
"Blink Recordings" means all audio, video, images, or other types of recordings made by Blink Devices or provided to us in connection with Blink Services.
"Software" means all software that we make available to you for use of Blink Services, including Blink app (or website) that provides access to video clips, Blink Services, Blink Device settings, and other information.
Please review our Privacy Notice, and Cookie Notice, which also govern your use of Blink Services, to understand our practices.
When you use any Blink Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through Blink Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
All content Blink or its affiliates make available through any Blink Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Blink, its affiliates, or its content suppliers and is protected by US and international copyright.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Blink Service are trademarks or trade dress of Blink or its affiliates in the US and other countries. Blink’s trademarks and trade dress may not be used in connection with any product or service that is not Blink’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blink. All other trademarks not owned by Blink that appear in any Blink Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blink.
One or more patents owned by Blink apply to the Blink Services and to the features and services accessible via the Blink Services. Portions of the Blink Services may operate under license of one or more patents.
Subject to your compliance with these Terms of Service, and your payment of any applicable fees, Blink or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Blink Services. This license does not include any resale or commercial use of any Blink Service or its contents.
Blink respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
You may need your own Blink account to use certain Blink Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Blink Services only with involvement of a parent or guardian. Blink reserves the right to refuse service, terminate accounts, terminate your rights to use Blink Services, remove or edit content, or cancel orders in its sole discretion.
You may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Blink reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Blink a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Blink and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Blink for all claims resulting from content you supply. Blink has the right but not the obligation to monitor and edit or remove any activity or content. Blink takes no responsibility and assumes no liability for any content posted by you or any third party.
All purchases of physical items from Blink are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Blink does not take title to returned items until we receive the item. At our discretion, a refund may be issued without requiring a return. In this situation, Blink does not take title to the refunded item. For more information about our returns and refunds, please contact Blink Customer Support.
Blink attempts to be as accurate as possible. However, Blink does not warrant that product descriptions or other content of any Blink Service is accurate, complete, reliable, current, or error-free. If a product offered by Blink itself is not as described, your sole remedy is to return it in accordance with our Return Policy.
When you use apps created by Blink, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
The following terms ("Software Terms") apply to any Software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Blink Services.
You may not use any Blink Service if you are the subject of US sanctions or of sanctions consistent with US law imposed by the governments of the country where you are using Blink Services. You must comply with all US or other export and re-export restrictions that may apply to goods, software (including Blink Software), technology, and services.
Links to the sites of affiliated companies and other businesses may be available through Blink Services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Blink. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Blink does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THE BLINK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLINK SERVICES ARE PROVIDED BY BLINK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLINK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLINK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BLINK SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, BLINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLINK DOES NOT WARRANT THAT THE BLINK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLINK SERVICES, BLINK'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BLINK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BLINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BLINK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BLINK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. Without limiting the foregoing and unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability for any claim arising from or relating to this Agreement or use of your Blink Device with respect to any claim exceed the greater of fifty dollars ($50.00) and the amount you actually paid for your Blink Device.
Any dispute or claim relating in any way to your use of any Blink Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Amazon’s national registered agent, Corporation Service Company (CSC), 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Blink will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Blink Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Blink.
We reserve the right to make changes to our site, policies, Privacy Notice, Cookie Notice, and this Agreement, at any time at our sole discretion by posting the revised terms on our website. Your continued use of Blink Services after the effective date of the revised Agreement constitutes your acceptance of the terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Immedia Semiconductor, LLC
100 Riverpark Drive
North Reading, Massachusetts, USA 01864
Blink accepts service of subpoenas or other legal process only through Amazon’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
Amazon.com, Inc. Corporation Service Company 300 Deschutes Way SW, Suite 304 Tumwater, WA 98501 Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; device serial number for Blink Devices; and IP address and complete time stamps.
If you believe that your intellectual property rights have been infringed, please submit your written complaint to our Copyright Agent at:
Copyright Agent Amazon.com Legal Department P.O. Box 81226 Seattle, WA 98108 phone: (206) 266-4064 e-mail: copyright@amazon.com Courier address:Copyright Agent Amazon.com Legal Department 2021 7th Avenue Seattle, WA 98121USA
Claims concerning copyright infringement must include the following information:
Please note that this procedure is exclusively for submitting notices of intellectual property infringement.