1. About the Site
The Site is a platform through which certain merchants (“Merchants”) issue Offers for goods, services or experiences (“Offers”) and make available advertisements and coupon offerings (collectively, “Coupons” and together with Offers, “Merchant Offerings”). Merchants are the issuers of Offers and Coupons. The Merchant is solely responsible for the care and quality of the goods and services it provides.
All Merchant Offerings other available programs and promotions on the Site (“Merchant Content”) may change at any time in BrightStreet’s discretion, without notice.
2. Merchant Content
Merchants are responsible for their respective Merchant Content, and once published, it cannot always be withdrawn. Merchants will be billed upon activation of any Merchant Offering and shall not, under any circumstances, be entitled to the reversal of payment in the event of inadvertent activation. Merchants assume all risks associated with Merchant Content, including anyone's reliance on its quality, accuracy, or reliability. Merchants represents that they own, or have the necessary permissions to use and authorize the use of Merchant Content as described herein. Merchants may not imply that Merchant Content is in any way sponsored or endorsed by BrightStreet. A Merchant may expose itself to liability if, for example, Merchant Content contains material that is false, misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal or inappropriate hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation, or in any other way undertake activities which are intended to harm or adversely affect BrightStreet.
BrightStreet has the right to accept or reject any new Merchant for any reason, including but not limited to geographic location, and to suspend or delete any existing Merchant account for any reason in our sole and absolute discretion.
3. Ownership of the Site
4. Use of the Site
As a condition of your use of the Site, you agree that:
BrightStreet retains the right, at our sole and absolute discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. Nothing herein shall be deemed a guaranty of continual use and availability of the Site, nor shall BrightStreet have any liability for any alleged damages associated with any discontinued or interrupted use of the Site.
7. Your Account
You may only create and hold one account on the Site. Furthermore, Merchants must register using its authorized, valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, payment data for Merchants; and (b) opt-out of persistent login. You understand and agree that BrightStreet shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. Merchants shall be responsible for safeguarding payment information and preventing unauthorized use of their accounts. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
8. Your Conduct
9. Copyright and Trademarks
The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. BrightStreet owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express prior written permission of BrightStreet or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. BrightStreet does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. You may not use BrightStreet's name, logos, trademarks, or brands without BrightStreet's written permission.
10. Disclaimers and Limitations of Liability
11. Electronic Communications
When you use the Site or send emails to BrightStreet, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us, whether the email is actually received and read by you or not.
12. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Merchants, Consumers and other users of the Site. To the extent permitted under applicable laws, you hereby release BrightStreet from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant and/or Consumer, including but not limited to any harm caused to you by action or inaction of a Merchant and/or Consumer, a Merchant’s or Consumer’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering and any conduct or speech, whether online or offline, of any other third-party.
15. Entire Agreement
16. Dispute Resolution
17. Additional Disclosures
You are contracting with Brightstreet, LLC. Correspondence should be directed to: 5850 Canoga Avenue, Suite 650, Woodland Hills, California 91367.