The effective date of this Agreement is December 10, 2010.By accessing or using any features of the site, including the purchase of products and services on the site located at www.BrightMarketing.com (the “BrightMarketing.com Site”) and operated and managed by Bright marketing, Inc (“Bright Marketing” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms and Condtions”). All visitors to and users of any aspects of the a BrightMarketing.com Site (collectively, “Users”) are bound by these Terms and Conditions.
We reserve the right to modify the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Bright Marketing, Inc. may vary from these Terms and Conditions.As a User of the BrightMarketing.com Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the BrightMarketing.com Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the BrightMarketing.com Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form available for commenting.
These Terms and Conditions set out the legally binding terms with respect to your use of the BrightMarketing.com Site. Please read these Terms and Conditions carefully. Your access to and use of the BrightMarketing.com Site constitutes your acceptance of all the provisions of these Terms and Conditions. If you are unwilling to be bound by these Terms and Conditions, you should not access or use the BrightMarketing.com Site.
Eligibility – The BrightMarketing.com Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the BrightMarketing.com Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the BrightMarketing.com Site. In the event we become aware you are under 18, we will terminate your registration.Changes to the BrightMarketing.com SiteYou agree and understand that the BrightMarketing.com Site, including any and all features available via the BrightMarketing.com Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice.
Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the BrightMarketing.com Site implemented after your initial access to the BrightMarketing.com Site shall be subject to these Terms and Conditions. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the BrightMarketing.com Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms and Conditions, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators’ use of the BrightMarketing.com Site.
Registration – In order to access some features of the BrightMarketing.com Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of and conditions, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.SecurityYou shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the BrightMarketing.com Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.Use of the Site/ServicesYou may use the BrightMarketing.com Site solely for your personal, non-commercial use. For example, you may use the BrightMarketing.com Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Sears Site for User Content and business or product information. You may also invite people you know to join the BrightMarketing.com Site. You acknowledge and agree that we do not control the User Content posted to the BrightMarketing.com Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the BrightMarketing.com Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the BrightMarketing.com Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Sears Site, you may be exposed to User Content that is offensive, indecent or objectionable.
NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use -Without limiting the generality of any other provisions of these Terms and Conditions, you agree you shall not (and you agree not to allow any other individual or entity to):download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the BrightMarketing.com Site, except and to the extent expressly permitted under these Terms of Use;remove any copyright, trademark or other proprietary rights notice contained in or on the BrightMarketing.com Site;use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the BrightMarketing.com Site;collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;reformat or frame any portion of any Web pages that are part of the BrightMarketing.com Site;create user accounts by automated means or under false or fraudulent pretenses;create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the BrightMarketing.com Site;submit to the BrightMarketing.com Site any content that falsely states or implies that such content is sponsored or endorsed by us;transmit or upload to the BrightMarketing.com Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the BrightMarketing.com Site, any other Web site, or any computer or other device or system, or the enjoyment of the BrightMarketing.com Site by any User;use the BrightMarketing.com Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);submit to the BrightMarketing.com Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the BrightMarketing.com Site to transfer or store illegal material, including any material deemed threatening or obscene;copy or store any User Content offered on the Sears Site other than for your personal, non-commercial use;take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the BrightMarketing.com Site or the IT infrastructure used to operate and make theBrightMarketing.com Site available;use the BrightMarketing.com Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; orcollect or store personal data about other Users in connection with the prohibited activities described in this paragraph.