Brightly Terms of Use Agreement

Welcome to Brightly!

Thank you for visiting Brightly, a membership platform created for you to fuel life 50+ and made for this fast growing, active population entering a new phase and full of energy for the next act. This document explains the terms by which you may use our website or other applications owned or operated by Brightly.

Agreement

This is an agreement between you (“you” or “your”) and Brightly Group Inc., a Delaware corporation (referred to herein for purposes of these Terms of Use as “Brightly”, “we”, “us” or “our”), that governs your use of the thisisbrightly.com website and any related applications owned or operated by Brightly (collectively, the “Brightly Sites”). By accessing or using the Brightly Sites, you signify that you have read, understood and agree to be legally bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in our ​Privacy Policy​, which is incorporated herein by reference, whether or not you are a registered user of our Brightly Sites.

PLEASE MAKE SURE YOU REVIEW THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

1. Use of Our Brightly Sites

A. Eligibility

This Agreement shall apply to all customers, visitors, users, and others who view the Brightly Sites (“Users,” individually referred to as “User”), including Users who are also contributors of images, video, information, and other materials or services on the Brightly Sites. The Brightly Sites may contain links to third-party websites that are not owned or controlled by Brightly. ​Brightly has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. By visiting and using the Brightly Sites, you expressly relieve Brightly from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the Terms of Use and Privacy Policy of each other website you visit.
By your use of the Brightly Sites, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Brightly Sites are not intended for children under 13. If you are under 13 years of age, then please do not use the Brightly Sites. There are lots of other great websites for you. Talk to your parents about what websites are appropriate.

B. Permitted Use

Brightly hereby grants you permission to use the Brightly Sites as set forth in this Terms of Use, provided that: ​(i) your use of the Brightly Sites as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Brightly Sites in any medium without Brightly’s prior written authorization; (iii) you will not alter or modify any part of the Brightly Sites other than as may be reasonably necessary to use the Brightly Sites for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

C. Account Registration; Passwords and Security; Privacy

In order to access some features Brightly, you may need to create a Brightly account. When creating your account, you must provide accurate and complete information, and you are responsible for keeping your account information accurate and current. You are also solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You agree to notify Brightly immediately of any unauthorized use of your account, username, or password. Brightly shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Brightly or any of its affiliates, or any of their respective officers, directors, employees, managers, members, consultants, agents, and representatives due to someone else’s use of your account or password.

D. Restrictions

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Brightly Sites in a manner that sends more request messages to the Brightly servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Brightly grants the operators of public search engines permission to use spiders to copy materials from Brightly Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches the communication systems provided by the Brightly Sites for any commercial solicitation purposes.

E. Suspended Access or Termination

Brightly may permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to the Brightly Sites without notice and liability, if, in Brightly’s sole determination, User violates any of the terms of use, including the following prohibited actions; (i) use the Brightly Sites for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Brightly Sites; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Brightly Sites; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Brightly Sites; or, (x) bypass the measures we may use to prevent or restrict access to the Brightly Sites. Upon termination for any reason, User continues to be bound by this Agreement.

2. Disclaimer; Limitation of Liability

Brightly has no control over and is not responsible for the content, privacy or security of any third-party websites or applications linked to from the Brightly Sites. We make no guarantees, nor can we be responsible for any such information, content, products or services, including their currency, safety, quality, copyright compliance or legality, or any resulting loss or damage. Brightly is also not responsible for the conduct of Users on the site, the content posted by Users, or failures or interruptions in the Internet, networks or systems, acts or omissions of third parties, and any other factors beyond its reasonable control.

THE BRIGHTLY SITES, AS WELL AS ALL INFORMATION AND CONTENT WHICH MAY BE PROVIDED BY BRIGHTLY THROUGH THE BRIGHTLY SITES, ARE PROVIDED AS IS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL BRIGHTLY OR ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BRIGHTLY SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BRIGHTLY SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE BRIGHTLY SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BRIGHTLY SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Brightly Sites are controlled and offered by Brightly from its facilities in the United States of America. Brightly makes no representations that the Brightly Sites are appropriate or available for use in other locations. Those who access or use the Brightly Sites from other jurisdictions do so of their own volition and are responsible for compliance with local law.

3. Ownership

Brightly or its affiliates retain all rights, title, and interest in and to the Brightly Sites, and any software or content of any kind used by Brightly in providing the Brightly Sites or featured through the Brightly Sites, including without limitation photos, text, videos, audios, design elements, and works of authorship. Any rights not expressly granted to you herein are reserved by Brightly. You acknowledge that the Brightly Sites and the software used by Brightly in providing the Brightly Sites may contain Brightly’s proprietary and confidential information. You agree that except as may be expressly permitted in this Agreement or via the Brightly Sites by Brightly, you will not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, reproduce in whole or in part, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Brightly Sites, any information contained therein, the content provided or featured through the Brightly Sites by Brightly or other Users, or any software used by in providing the Brightly Sites, without the prior written permission of Brightly.

4. Infringement

If you are a copyright owner or an agent thereof and believe that any third-party content made available by Brightly infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at those locations; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Brightly to locate the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Brightly’s designated Copyright Agent (“Copyright Agent”) to receive notifications of claimed infringement is Copyright Agent, e-mail: info@thisisbrightly.com or write to the following address: 236 West 30th Street, 8th Floor, NY, NY 10001. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Brightly customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Brightly has a policy of terminating the account of, or denying access or use of the Brightly Sites to, in its sole and absolute discretion, any User who infringes the copyrights or other intellectual property rights of others. Brightly reserves the right, in its sole and absolute discretion, to suspend or terminate the account of any User who infringes the intellectual property rights of Brightly or others. Brightly shall have no liability for any action taken pursuant to this Section.

5. Termination of Agreement

We may terminate this Agreement at any time for any reason whatsoever. The indemnity, limitation of liability, and all other provisions of this Agreement that, by their nature, are intended to survive any termination of this Agreement, shall do so. Effective upon the date of termination, your license to use the Brightly Sites provided herein will immediately terminate.

6. Indemnity

You shall indemnify and hold Brightly and its affiliates and its and their respective owners, directors, officers, members, managers, employees, and agents harmless from all claims and demands, costs, damages and liabilities (including, without limitation, reasonable attorneys’ fees) caused by or resulting from your use of the Brightly Sites, your business or personal activities, any information or services furnished by you, or your breach of this Agreement.

7. Governing Law

You agree that: (i) the Brightly Sites shall be deemed solely based in New York; and (ii) the Brightly Sites shall be deemed passive and do not give rise to personal jurisdiction over Brightly, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.

Any action or lawsuit may, at the sole direction of Brightly, be brought in the state or federal courts within New York County in the State of New York. Alternatively, and at the sole discretion of Brightly, any action by Brightly may be brought in a local, state or federal court where a Brightly affiliate creating and providing content set forth on the Brightly Sites resides. Whichever court(s) is selected by Brightly, the parties hereby consent to the jurisdiction of such court(s).

8. Notifications

A. Procedures

Brightly may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Brightly Sites, as determined by Brightly in our sole discretion. Brightly reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. Brightly is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

B. Opt Out

We may use your information to notify you of important changes to the Brightly Sites, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications:
A. Send an email message to info@thisisbrightly.com with the word “Remove” in the subject field; or
B. Send mail to the following postal address:

Brightly Customer Support Attn: Remove
Brightly Group, Inc.
236 West 30th Street, 8th Floor

Opting out may prevent you from receiving email messages regarding updates.

C. Changes to the Agreement

Brightly may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Brightly Sites after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Brightly Sites.

9. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Brightly in connection with the Brightly Sites, shall constitute the entire agreement between you and Brightly concerning the Brightly Sites, and supersedes any and all prior agreements or understandings between the parties whether written or oral. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

10. Independent Contractor/Waiver/Assignment

Brightly and its Users are independent contractors, and no agency, employment or partner relationship exists between Brightly and any of these other persons. This Agreement shall be binding upon the successors and assigns of each party. This Agreement is assignable by Brightly, and not assignable by you, without our prior written consent. No waiver of any term of the Agreement will be valid unless in writing and acknowledged in writing by the party against whom enforcement is sought, and no failure on our part to enforce strict performance of any part of the Agreement will constitute a waiver of any provision of, or any of our rights, under the Agreement.

Questions

To ask questions about this Agreement or about our services, please contact us at info@thisisbrightly.com.

This Agreement was last modified on June 7, 2019.