Acceptance of Terms
Welcome to BrightWatches.com (this site), a site brought to you by Bright Watches, LLC.
Using this site
When you access and use this site you have a limited license to view and make use of this site for your personal shopping use only. This limited license does not permit any user to download, cache, compile, or copy information from this site including, but not limited to, product descriptions, images, listings, and/or pricing for the use by or benefit of another business entity or merchant. This site, and/or any part of this site, may not be copied, duplicated, reproduced, sold, or exploited for any commercial purpose or intent without the express written consent of Bright Watches, LLC
Orders/Purchases, Shipping, Returns, Damaged Goods
Orders/Purchases Person(s) may purchase products and/or services at this site using a credit card. Other parties in addition to BrightWatches.com and Bright Mountain, LLC (collectively Bright Watches, we, us, or our as appropriate) offer products and/or services at this site. These other parties may offer products and/or services in a variety of ways (for example: by means of a link or page(s) at this site). We do not, and do not have the responsibility to examine, evaluate, or warrant the offerings of any of these business or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and/or content of all these and any other Third Parties.
Shipping: Risk of loss and title for items purchased pass to the buyer/purchaser upon delivery to the carrier by Bright Watches.
Returns/Refunds: Items purchased on BrighWatches.com may be returned for any reason within 30 days of the original order date. Returns are not accepted of any products that are used, resized, missing parts, or otherwise not in their original condition. No returns are accepted if the serial number on the returned item does not match the serial number in the sales records maintained by this site. All returned items must include the original box, instructions, paperwork, tags, and any other items that were included with the product. No returns are accepted without prior written authorization from Bright Watches. No refunds are available from Bright Watches, LLC. If a product offering itself is not as described, the sole remedy is the return of the product unused. Return shipping and handling charges are not refundable and are the sole responsibility of the party returning the products. Refunds will only be issued after the returned item has been received and inspected by Bright Watches.
Damaged items: The purchaser is required to inspect the carton for any damage due to shipping. It is not unusual for shipping cartons to show wear. However if the item(s) contained in the shipping carton were damaged as a result of, or in the process of shipping, please contact us immediately at firstname.lastname@example.org. Provide the order number, your email address, and your phone number. The remedy for items damaged in shipping will be a replacement of the damaged item, provided that the product is still offered and available at the time the returned item is received by Bright Watches.
Sales Tax: Bright Watches LLC is required to collect sales tax on sales of all items delivered in the state of Florida. Sales tax will be collected on those sales at the then current rate.
All visitors/users of this site are urged to exercise reasonable prudence in all interactions, transactions, and any and all other activities and/or conduct while using this site and/or contacting or responding to contacts made through use of, viewing, or employing any of the content, information, material, products, services, software provided, included on, or otherwise made available through this site. Although this site is intended for general use, children 18 years and under should not use this site.
You are responsible for conducting any necessary, prudent, appropriate, judicious investigation(s), research, inquiry, or due diligence with respect to your interactions with others.
You agree to indemnify and hold Bright Watches and all their agents, representatives, employees, and officers harmless from and against any claims, cause of action, demand or damages associated with or related to your interactions with others. Any attorney’s fees and costs incurred by Bright Watches and all their agents, representatives, employees, and officers are included in this indemnification.
Digital Millennium Copyright Act (DMCA) and Take-Down Notice
We respect authors’ and content holders’ rights, and our policy is to respond to legally valid Take-Down Notices of alleged copyright infringement that meet or exceed the criteria defined in 17 U.S.C. Section 512(c)(3), also known as the Digital Millennium Copyright Act (DMCA) of 1998. The accounts of those whom we determine to be repeat infringers based on our “Three-Infringements” policy will be terminated without notice. If someone has posted your copyrighted information without your permission to our site submit a Take-Down Notice to us which includes, but is not limited to, the following information:
- Identification of the copyrighted work(s) that has (have) been infringed;
- Identification of the material(s) that is (are) claimed to be infringing and information reasonably sufficient to permit us to locate the material(s), such as direct links to the material(s);
- Information sufficient to permit us to contact you such as an address, phone number, or email address;
- A statement that you have a good faith belief that use of your copyrighted work(s) in the manner complained is not authorized by you the copyright owner, your agent, or the law;
- A statement that the information in the Take-Down Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of the individual authorized to act on the material allegedly infringed. This party may be the actual copyright owner or an individual authorized by the copyright owner to act on behalf of the owner of the copyright.
The Take-Down Notice should be mailed or emailed to our Copyright Agent at the following:
Mailing Address: Bright Mountain®, LLC; P.O. Box 810021; Boca Raton, FL 33481
Email Address: email@example.com
We cannot guarantee action on incomplete take-down notices. You acknowledge that if you fail to comply with all of the requirements of this section, your Take-Down Notice may not be valid.
Persons who knowingly materially misrepresent that material or activity is infringing may be subject to liability. Misuse of the take-down notice may result in legal action and/or termination of your account. Please note that 17 U.S.C. Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA take-down notice.
If you believe your material that was removed or disabled is not infringing another’s rights, or that you have authorization from the copyright owner or its agent, or that you have rights in the material pursuant to the law, to post and use the material, you may send a Counter-Notice containing the following information to our Copyright Agent:
- Identification of the material(s) that was (were) removed or disabled and the location where the material appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- A statement that you consent to the jurisdiction of a Federal District Court in the district where you are located (if you live in the U.S.) or your consent to the jurisdiction of a Federal District Court for any judicial district where the website may be found (if you are not living in the U.S.);
- Your consent to accept service of process from the party who submitted the takedown notice;
- Information sufficient to permit us to contact you such as an address, phone number, or email address; and
- Your physical or electronic signature.
The Counter-Notice should be mailed or emailed to our Copyright Agent at the following:
Mailing Address: Bright Mountain®, LLC; P.O. Box 810021; Boca Raton, FL 33481
Email Address: firstname.lastname@example.org
We cannot guarantee action on an incomplete Counter-Notice. You acknowledge that if you fail to comply with all of the requirements of this section, your Counter-Notice may not be valid.
If a Counter-Notice is received by our Copyright Agent, we will immediately send a copy of the Counter-Notice to the complaining party informing that person that we may replace the removed or disabled material(s) or cease disabling it in 10 business days from the receipt of the Counter-Notice.
Unless we receive a notice that the copyright owner filed an action seeking a court order against you the alleged infringing user within 14 days from the receipt of the Counter-Notice, the removed or disabled material(s) may be replaced, or access to it restored, no earlier than 10 business days after receipt of the Counter-Notice and no later than 14 business days after receipt of the Counter-Notice.
Misuse of the counter-notice may result in legal action and/or termination of your account. Please note that 17 U.S.C. Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA counter-notice.
If at any time any content at this site is incorrect due to typographical error or is inaccurate information we retain the right to cancel and/or refuse purchases and/or orders placed based on such errors or information. Bright Watches does not warrant that any content contained in this or related sites is accurate, complete, reliable, current, free of errors or inaccuracies.
We assume no liability or responsibility and do not make any representations or warranties regarding the authenticity, accuracy, completeness, or reliability of any content posted or submitted by Third Party providers of any content. Users of this site that post or submit content grant Bright Watches a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, modify, adapt, publish, translate, create derivative works from, distribute, and display said content anywhere in any media. You grant Bright Watches sub licensees, in their sole discretion, the right to use the name submitted in connection with said content.
Children under 13 and Children under 16
Personally Identifiable Information is not knowingly collected by this site from children 16 years of age and under. If we learn that information has been collected from a child at or under the age of 16 without verification of parental consent the information will be deleted as quickly as reasonably possible.
Disclosure and Use of Your Communications; Electronic Communications
Visitors and Users of this site consent to receive electronic communications (e-mail) from Bright Watches. We will communicate with Visitors/Users via e-mail or by posting notices to this site. Visitors/Users of this site agree that all agreements, notices, disclosures, and other communications provided to you by us electronically will satisfy any legal requirements for communication in writing.
Prohibited Conduct: Registered Users, Advertisers, and all those who use, make purchases at, and/or visit this site agree that they will NOT personally or in any manner effect or invoke any other party to:
- Harass, demean, stalk, threaten, defraud others at BrightWatches.com
- Post, send, provide, request, distribute, link, or in any way make available any inappropriate or offensive content or materials including, but not limited to: pornographic or sexually explicit, threatening, hostile, violent, embarrassing, harmful, hateful, racially insulting, ethnically insulting, deceptive, defamatory, tortious, libelous, or otherwise inappropriate or offensive content or material
- Post, send, provide, distribute, request, link, make, discuss, depict, or in any way make available any form of child, or any other, person or creature, abuse, cruelty, sexuality, exploitation, or any other related materials or topics posing harm to, or threatening the security of a child or an individual.
- Post, make, request, send, link, or provide inappropriate or unsolicited advertisements, offers, or proposals for services, goods, or any other commercial activities.
- Access or attempt to access another person’s account at this site, or impersonate another person or any Bright Watches staff members
- Obtain without permission or by hacking, or encourage another person to obtain user name(s), password(s), and/or any other information from this site; or provide any such information to a Third Party.
- Use any of the information or site features for anything other than what they are intended to be used for. This includes the exploitation of any issues or glitches at this site for personal gain.
- Interfere, or intentionally interfere with, the security-related features, the operation of this site, or a member’s enjoyment or use of this site; including trolling or any other such behaviors.
- Use this site, or encourage or entreat others to use this site for any illegal purpose or intent.
- Default on payments for purchases made at this site.
- Post, send, provide, request, link, distribute or in any way make available any content containing software viruses, code intended to damage, or otherwise interfere with any system, hardware, software, equipment, data, or any other information.
- Engage in misrepresentation of any sources, identification of, or content of information transmitted to this site, including false representations, or trademark, patent, or any other right or right of ownership infringement. For example: you are precluded from claiming as your own work anything created by another person.
- Attempt or encourage another to attempt to disassemble, decipher, reverse engineer, decompile, or in any manner attempt to attain any source code, underlying algorithms, or original ideas or content of any part of this site.
- Attempt, or encourage another to attempt to conduct to violate the security of this site, content, databases, services provided, network, Third Parties, or Third Party provided information/services, including, without limitation: a) accessing data or logging into servers, accounts, or databases unintended for such user(s), or which the user is not authorized to access; b) to probe, scan or test the vulnerability; c) to breach security or authentication measures without proper authorization; d) to interfere via means of, but not limited to, submitting a virus, overloading, “flooding”, “spamming”, “mail bombing”, “crashing”, or sending unsolicited email including promotions and/or advertising of products or services, or forging any TCP/IP packet header on any part of the header information in any posting; e) to use any device, software, or routine to interfere, or attempt to interfere with proper functioning of this site, content, databases, services provided, network, Third Parties, or Third Party provided information/services.
- Taking, or encouraging another to take intentional actions which impose an unreasonable or disproportionately large load on the infrastructure of this Site, its services and content, server, or Third Parties or Affiliates.
Ownership Notice and Usage Restrictions
This website is intended for your personal and non-commercial use only. All of the content, information, data, Third Party content supplied information, and any other information provided in this site is NOT intended for reproduction, distribution, sales or transmission by or for any business, commercial or public purposes. All materials that are included on this site are protected by their applicable laws (these laws include US and International copyright and trademark laws), and any unauthorized use, duplication, distribution or sales of such materials may violate copyright, trademark, and other applicable laws.
Third-Party Advertising Companies:
When you visit this site third-party advertising companies may serve ads to you. These companies employ behavioral advertising techniques, and may use information about your visits to websites to tailor advertisements about goods and services to your interests. Unless otherwise stated your name, address, email address, or telephone number are not included in the information used by these advertisers. Please Click Here for more information about this practice, and to find out about opting out of targeted advertising from these companies. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that Bright Watches shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site.
By virtue of your accessing this site you agree that you are solely responsible for use of this website. In addition you further agree to indemnify and hold harmless Bright Watches, any and all of its affiliated companies/businesses, suppliers, partners, licensors, and other parties from any claims, damages, losses, liabilities, and including attorneys’ fees which arise out of your misuse or use of this site, violation of these terms, or the violation of any persons or entities rights, or any breach of the warranties, representations, and covenants made by you herein.
Disclaimer of Warranty and Limitation of Liability
This website and all content, information, materials, products, software, and services provided or made available through this site are provided to Visitors/Users “as is” and on an “as available” basis, unless otherwise specified in writing. Bright Watches does not make any representation or warranty of any kind, express or implied, regarding the operation or accuracy of this site, or of the content, information, materials, products, software, or services provided, included on, or otherwise made available through this site. further, Bright Watches, to the full extent permissible by law, disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for any particular purpose. Bright Watches does not warrant or represent that this site and any and all content, information, materials, products, software, or services provided, included, or otherwise made available through this site, their servers, or electronic communications are free of errors, defects, viruses, bugs, worms, or any other harmful components or items. Bright Watches shall not be liable for any damages resulting from the use or misuse of this site, or from any content, information, materials, products, software, or services provided, included, or otherwise made available through this site including, but not limited to direct, indirect, incidental, punitive, and consequential damages. visitors/users of this site agree that they use this site at their own risk.
Reservation of Rights
Modifications to Service
We retain the right to temporarily or permanently, and in part or in whole, change, modify or discontinue BrightWatches.com and/or any content on this site at any time and for any reason without prior notice.
Choice of Law and Choice of Forum
Applicable Laws And Governing Language: Any person(s) who elect to access this site from outside of the United States of America do so at their own initiative, and by such election and initiative are assuming the responsibility for compliance with any local laws applicable to their use and access of this site. The Terms if Use herein disclosed are governed by and constructed in accordance with the applicable laws of the United States of America, and are without giving effect to any principles of conflicts of laws.
Bright Watches, LLC
4900 Linton Blvd., #17A
Delray Beach, FL 33445