We claim no intellectual property rights over the material you provide to Brightkite. Simply, you own your content. Your profile and the materials you upload remain yours. You can remove your profile at any time by deleting your Account.
We encourage users to contribute their creations (applications, mashups, etc.) to the public domain or consider progressive licensing terms.
We are very proud of our site and service but there are just a few of us. You are going to be using the site "as-is" and use of any content or your use of the service is at your own risk, so be careful.
Today the service is free for you to use. To make this happen we sell advertising to support the service. We strive to make the advertising as relevant as possible but we are always trying to be better.
We are always trying to improve the site and our offerings, please send us any comments or feedback to
Brightkite Terms of Use
Brightkite, Inc. the ("Brightkite," "we" or "us") provides www.brightkite.com (the "Site") and the Brightkite services (the "Services"). Please read the following terms and conditions and our Privacy Policy, which may be found at www.brightkite.com, and which is incorporated herein by this reference ("Terms of Service"). These Terms of Service govern your access to and use of the Services and the Site and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, audio, video, information or other materials generated by Brightkite and provided through the Services and the Site ("Brightkite Content," and together with "User Content," defined below, referred to as "Content"), and constitute a binding legal agreement between you and us.
Your access to or use of the Site and the Services or certain Brightkite Content may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific Service or portion of Brightkite Content, the latter terms and conditions shall take precedence with respect to your use of or access to that specific Service or portion of Brightkite Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY ACCESSING ANY CONTENT THROUGH THE SERVICES OR THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH BRIGHTKITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, THE SITE OR BRIGHTKITE CONTENT.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Modification
We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or the Site or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of this page. By continuing to access or use the Services or the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services and the Site.
Eligibility and Account Registration
In order to access certain features of the Services you must register to create an account ("Account") and become a "User."
During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Brightkite reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. We reserve the right to reclaim public placemarks and usernames on behalf of businesses or individuals that hold a legal claim or trademark on those public placemarks or usernames.
You must be at least 13 years old to use the Site or the Services. Any registration by, use of or access to the Site or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site or the Services, you represent and warrant that you are 13 or older and that you agree to abide by these Terms of Service.
You are responsible for safeguarding your password. We recommend using a strong password that contains letters and numbers. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Brightkite of any unauthorized use of your Account.
Privacy
We consider your privacy one of our highest priorities. Please see our Privacy Policy at www.brightkite.com for information and notices concerning our collection and use of your personal information. Brightkite has many ways for you to use notifications and mobile services. Please determine your preferences and use your "Account Setttings" appropriately.
Fees
We reserve the right, at any time, to impose or restructure any fees charged for your use of the Services, Site or Brightkite Content. Brightkite will notify you in advance of any changes with respect to fees we choose to impose.
Mobile Services
We provide the means through which you can utilize the Services, Site and Content on your phone or wireless device ("Mobile Services"). If you choose to utilize Mobile Services, you thereby agree to receive such service on the device you provide for such purposes and understand that your wireless provider's standard sms and/or data rates may apply to these services. By using the Mobile Services, you agree to be responsible for any fees that we may impose or are incurred as a result of your use of the Mobile Services. You represent that you are the owner or authorized user of the wireless device you use to access the Mobile Services and that you are authorized to approve the applicable charges.
Brightkite Ownership & Content License
The Services, Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Brightkite and its licensors exclusively own all right, title and interest in and to the Services, Site and Brightkite Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Site or Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of Brightkite used herein are trademarks or registered trademarks of Brightkite. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Brightkite authorizes you to download, view and print any Brightkite Content solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Site or Brightkite Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Brightkite or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
User Content
You retain ownership rights to your User Content. You may post, upload, publish, submit or transmit text, graphics, your location, images, music, software, audio, video, information or other materials to be made available through the Services ("User Content"). By making available any User Content through the Services, you hereby grant to Brightkite a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services and the Site. You also grant each user of the Site the right to access, display, view, store and reproduce such your User Content for personal use. Brightkite does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or the Site or you have all rights, licenses, consents and releases that are necessary to grant to Brightkite and each Brightkite user the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Brightkite's use of the User Content (or any portion thereof) on, through or by means of the Services or the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We make it possible for Users to post to outside websites images and text hosted on the Site and Brightkite may provide additional links to third-party websites or resources. Pages on other websites which display data hosted on the Site must provide a link back to the Site. If you decide to access outside websites you do so at your own risk You acknowledge and agree that Brightkite is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Brightkite of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
General Terms
You agree not to do any of the following while using the Services, Site or Content:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Brightkite' name, any Brightkite trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Brightkite' express written consent;
- Access, tamper with, or use non-public areas of the Site, Brightkite' computer systems, or the technical delivery systems of Brightkite' providers; Attempt to probe, scan, or test the vulnerability of any Brightkite system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Brightkite or any of Brightkite' providers or any other third party (including another user) to protect the Services, Site or Content;
- Attempt to access or search the Services, Site or Content or download Content from the Services or Site [unless they use our APIs and follow our API Terms of Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by Brightkite or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Brightkite trademark, logo URL or product name without our express written consent;
- Use the Services, Site or Brightkite Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site or Brightkite Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Copyright and IP Policy
Brightkite respects copyright law and expects its users to do the same. Brightkite has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Brightkite's Copyright and IP Policy for further information.
Termination and Account Cancellation
If you breach any of these Terms of Service, Brightkite will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Brightkite reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event Brightkite terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to <
Use At Your Own Risk
Your access to and use of the Services, Site and Content is at your own risk. THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRIGHTKITE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Specifically, Brightkite: (i) will have no responsibility for any harm to any devices, including but not limited to your computer system, wireless device, network attached storage devices or other devices, or other loss of data, or other harm that results from your access to or use of the Services, Site or Content;(ii) makes no warranty that the site, services or content will meet your requirements or be available on an uninterrupted, secure, or error-free basis or including any services provided on the site, will be available, or that data entered or user content will be secure from unauthorized access; (iii) makes no warranty regarding the quality of any products, services or content purchased or obtained through the site or services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site or services. You agree to use the Services, Site and only where permitted by law.
You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services. You understand that Brightkite does not screen or inquire into the background of any Users of the Site or Services, nor does Brightkite make any attempt to verify the statements of Users of the Site or Services. Brightkite makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future Users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other Users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, particularly if you decide to meet offline or in person. No advice or information, whether oral or written, obtained from Brightkite or through the Site, Services or Content, will create any warranty not expressly made herein.
Indemnity
You agree to defend, indemnify, and hold Brightkite, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER Brightkite NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF USER CONTENT OR arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the SITE, ServiceS OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not BRIGHTKITE has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Brightkite IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Brightkite WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL THE COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
In no event will Brightkite'S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO BRIGHTKITE FOR USE OF THE SITE, SERVICES OR CONTENT IN THE TWLEVE (12) MONTH TIME PERIOD PRECIDING THE INCIDENT GIVING RISE TO THE ALLEGED CLAIM OR TWENTY US DOLLARS ($20). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRIGHTKITE AND YOU. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.
Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between Brightkite and you regarding the Site, Services and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Brightkite and you regarding the Site, Services and Content.
Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Brightkite's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Brightkite may assign or transfer these Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Brightkite via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of Brightkite to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Brightkite. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Contacting Brightkite
If you have any questions about these Terms of Service, please contact Brightkite at . You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred
Please also see our Code of Conduct.