Overview
The Terms and Conditions set out here explain what you have to agree to do if you use a Bright App Enterprises Limited (“Bright”). product or service, if you visit our websites, if you use our mobile applications, or if you get in touch with us.
It’s important to read the Terms and Conditions because they affect your rights. We try to be as straightforward as we can in these terms, and so we have laid out the most important points here, in the introduction, for you to see. We mean it when we say it’s important to read and understand these terms, and if you have questions, you can always email us at privacy@TheBrightApp.com.
You have to agree to our Terms if you want to use our products or services. We can’t negotiate with each individual member, and so you have to decide if you agree. You can always change your mind.
The products, goods, services, logos, images, ideas, and everything else we create are Bright’s intellectual property. That means you can’t use any of them without our permission.
We use a combination of personal data and encrypted data to perform our services. We treat privacy very differently from any other social network – in fact, privacy is at the heart of what we do. To see just how seriously we take your privacy (and how far we go to protect it), read our Privacy Policy to understand how it works.
You can’t use our services or products to harm others, commit crimes, or break contracts. You can only use our services and products in the way we have designed them.
We both agree that, rather than suing one another if something goes wrong, we’ll go to a neutral third party called an arbitrator. They hear from both of us, decide on an outcome, and we both have to accept their decision.
Bright Terms of Use
These Sites (as defined below) are owned and operated by Bright App Enterprises Limited (“Bright”), the company that operates the Bright application and website. Bright and its subsidiaries and affiliates (“Bright,” “we,” “our,” or “us”) provide a social media service (the “Bright App,” or the “App”) also own and operate certain websites, technology platforms, and other related online and mobile services (including, among other things, our Mobile Applications, as defined below) that reference these Terms and Conditions (collectively, the foregoing described services, websites and other technology, the “Offerings”).
We offer our Sites, including all information, tools, and services available from them, to you, the user, conditioned upon your acceptance of all of these Terms of Use. Your continued use of our Sites constitutes your agreement to these Terms of Use and governs your access and use of our Sites. What does that mean? It means that by accessing and/or using our Sites or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to all the terms and conditions of these Terms of Use. As used in these Terms of Use, “you” means any visitor, user, or other person who accesses our Sites, whether or not such person has enrolled in a Bright program. Unless otherwise agreed by Bright in a separate written agreement with you, the Sites are made available solely for your personal, non-commercial use. If you do not agree to these Terms of Use, do not use the Sites.
Use of Materials on the Site
All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Bright, its licensors or its content providers and is protected by copyright, trademark, and other applicable laws. Unless indicated to the contrary, you may access, copy, download and print the materials contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the materials you access, copy, download or print. Any other use of the content on the Sites, including but not limited to (1) the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from any Site, or (2) use of such items for purposes competitive to Bright, for any commercial purposes or otherwise in connection with offering any third party products or services not authorized or approved by Bright, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time. Bright reserves the right to refuse or cancel any person’s registration for the Sites, if any, remove any person from this Site, and prohibit any person from using the Sites for any reason whatsoever. Bright, or its licensors or content providers, retain full and complete title to the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), and all associated intellectual property rights. Bright neither warrants nor represents that your use of the Sites will not infringe the rights of third parties not affiliated with Bright.
You may not use the contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data, or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. Bright reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Bright may be entitled, at law or in equity.
Materials You Submit
You acknowledge that you are responsible for any code, content, information, data, videos, graphics, messages, or other materials you may submit, upload, publish or display via the Sites (“Your Content”), including the legality, reliability, appropriateness, originality, and copyright of any such materials. You may not upload to the Sites, or otherwise use, any of Your Content that: (1) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity; rights, infringing on intellectual property rights, abusive, illegal, promotes illegal activity or unlawful violence, sexually explicit, indecently depicts a minor, or otherwise objectionable or discriminatory based on race, gender, colour, religious belief, sexual orientation or disability; (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (3) may contain software viruses, malware, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any of Your Content. You may not generate transactions that are intended not to complete or attempt to spoof any part of the Sites. You may not upload commercial content onto the Sites.
All personally identifiable information we collect through or in connection with the Sites is subject to our Privacy Policy located at www.thebrightapp.com/pages/privacy-policy (the “Privacy Policy”). By submitting, uploading, publishing, displaying, or otherwise providing Your Content to Bright, through any Sites or otherwise, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Unless we indicate otherwise, you hereby grant Bright and its affiliates an unrestricted, nonexclusive, royalty-free, fully paid up, perpetual, irrevocable and fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Content in connection with (a) making available the Sites (and features thereof) to you, (b) Bright’s internal business purposes and (b) creating, disclosing and otherwise using for any purposes aggregated and/or anonymized data.
In addition to the foregoing, you acknowledge and agree that any ideas, feedback, comments, or concepts about the Offerings or otherwise about Bright’s business that you provide to Bright (“submissions”) are non-confidential, and Bright is entitled to the unrestricted use and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You represent and warrant that you own or otherwise control all the rights to Your Content; that Your Content is accurate; that use of Your Content by Bright does not violate any provision herein and will not cause injury to any person or entity; and you agree to indemnify and hold entirely harmless Bright and its affiliates, directors, officers, employees, subsidiaries, assigns, and shareholders from any liability in any form arising out of or related to Your Content.
Conduct on the Site
Some features that may be available on the Sites may require registration. By registering at, and in consideration of your use of, the Sites you agree to provide true, accurate, current, and complete information about yourself. If you are under 18 years of age, you are not authorized to use the Sites, with or without registering.
Some features on the Sites may require you to establish or use a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Bright immediately. Bright may assume that any communications Bright receives under your password have been made by you unless Bright receives notice otherwise. Bright will not be liable for any loss or damage arising from your failure to comply with this Section or otherwise arising from activities conducted under your password.
You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without Bright’s express written consent. Further, you may not utilize any Sites content in any meta tags or any other “hidden text” techniques or technologies without Bright’s express written consent. You will not scrape any data or other content from the Sites and will not otherwise engage in any data mining, robots, or similar data gathering or extraction methods. If you are blocked by Bright from accessing the Sites (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Communications
Bright may provide Members with the option to communicate with the Bright Member Services team via telephone, SMS, or MMS messages. By voluntarily providing your mobile phone number to Bright and submitting a customer service inquiry, you agree that Bright may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receive such communications for transactional and informational purposes in response to customer service inquiries. You understand that such messages may be sent using an automatic telephone dialling system. You are responsible for any fees that your phone service provider charges for SMS, data services, etc.
Links
The Sites may contain links to other websites that are operated by third parties not affiliated with Bright. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other sites. The inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Bright is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of Bright, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on the Offerings shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. Bright reserves all rights not expressly granted in and to the Offerings and their content. The Offerings and all of their content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United Kingdom and other countries.
Disclaimers
The disclaimer section is very important. This is where we explain what we are not responsible for, and what you can’t make a claim against us for. Please read it very carefully.
You’ll notice that this section is written in all caps. It’s not because we’re shouting at you: some governments (in the United States, for instance) require that disclaimers be written this way.
YOUR USE OF THE OFFERINGS IS AT YOUR SOLE RISK. THE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE OFFERINGS OR ANY FEATURE OR PART THEREOF AT ANY TIME. BRIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE OFFERINGS WILL BE SECURE; THAT THE OFFERINGS OR THE SERVER THAT MAKES THE OFFERINGS AVAILABLE WILL BE VIRUS-FREE; THAT THE MATERIAL YOU TRANSMIT THROUGH THE SERVICES IS ACCURATE; THAT THE RESULTS OF THE INFORMATION YOU TRANSMIT WILL RESULT IN A FINDING OR CONCLUSION THAT YOU EXPECT OR INTEND; OR THAT INFORMATION ON THE OFFERINGS WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE OFFERINGS, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE OFFERINGS SHALL CREATE ANY WARRANTY OF ANY KIND. BRIGHT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE OFFERINGS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
THE LIABILITY TO YOU OF BRIGHT OR BRIGHT’S AFFILIATES, OR THEIR RESPECTIVE CONTRACTORS OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “BRIGHT GROUP”), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE BY THE BRIGHT GROUP OF THE PROGRAM AND ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY YOU FOR EACH EVENT THAT IS THE SUBJECT MATTER OF A CLAIM OR CAUSE OF ACTION. IN SUCH AN EVENT, THE AGGREGATE LIABILITY OF THE BRIGHT GROUP FOR DIRECT DAMAGES FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY MEMBERS TO BRIGHT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM. THE BRIGHT GROUP SHALL NOT, IN ANY EVENT, BE LIABLE FOR DAMAGES THAT CONSTITUTE (1) LOSS OF INTEREST, PROFIT, OR REVENUE OF THE CLAIMING PARTY, OR (2) INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE, OR INDIRECT DAMAGES SUFFERED BY THE CLAIMING PARTY, EVEN IF ANY MEMBER OF THE BRIGHT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMERS” AND “LIMITATION OF LIABILITY”, AND THE BELOW SECTION “INDEMNITIES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Indemnification and Release
By agreeing to these Terms, you agree to indemnify, defend and hold us harmless, including, but not limited to, our managing members, shareholders, employees, parent or related companies, affiliates, licensors, and suppliers, from and against any and all complaints, charges, damages, losses, costs, liabilities and expenses (including legal fees and costs) arising from your actions, your use (or misuse) of the Service, your breach of the Terms, and/or your violation of any applicable law.
In the event that both you and Bright are involved in legal proceedings arising out of the circumstances mentioned in the previous paragraph, we reserve the right to handle our legal defence as we see fit and to request your cooperation at any time during the execution of our defence strategy. In any event, you will not settle any claim without our express prior written consent.
Dispute Resolution By Mediation and Arbitration
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity, or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Procedure, which Procedure is deemed to be incorporated by reference into this clause.
If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The language to be used in the mediation and in the arbitration shall be English
The governing law of the contract shall be the substantive law of England and Wales
In any arbitration commenced pursuant to this clause,
the number of arbitrators shall be three; and
the seat, or legal place, of arbitration, shall be London, United Kingdom.
Any claims under the Terms must be made on an individual basis; class actions are not permitted.
Changes to These Terms of Use
Bright reserves all rights to change these Terms and Conditions in its sole discretion. If we make a change that substantially affects your rights, we will post a notice of a pending change before it goes into effect. If you continue to use our Offerings after the change is effective, it means you agree to the changes and accept them.
General
These Terms and Conditions, the Privacy Policy, and all other policies, rules, or standards that we rely upon and make available (“Governing Documents”) to you govern your relationship with Bright. There are no other agreements, understandings, or contracts between us, and you agree that there are no terms or phrases in the Governing Documents that have a meaning other than their plain use.
You may not assign rights or obligations under the Governing Documents to anyone else, including by contract or operation of law. The laws of England and Wales apply to all of the Governing Documents, regardless of any conflicts of law provisions. If there is a dispute not covered by the Arbitration Provisions above, you agree to the exclusive subject matter and personal jurisdiction of the courts in England and Wales.
Even if Bright does not exercise a right under the Governing Documents, it does not waive its rights to do so at a later date.
The Parties agree that, if a portion of this or any other Governing Document is found to be invalid by a court of law, then the court should sever that provision and then enforce the rest of the Governing Document as written.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us as set forth below.
How to Contact Us
If you have any questions or comments about these Terms and Conditions or other Governing Documents, please contact us by sending an email to privacy@thebrightapp.com