BrightWork Terms of Use

These Terms of Use form a legally binding agreement between you and BrightWork in relation to your use of the Website and its Content. This Terms of Use agreement is comprised of the Terms of Use set out in this document, the BrightWork Privacy Statement and any Software License Agreement, if applicable. It is important that you take the time to read them carefully.

The Terms of Use explain:

  • the permitted uses of the Website
  • how you are fully responsible for your use of the Website
  • how the Intellectual Property on this website is protected
  • the website is provided ‘as is’ and ‘as available’.

 

This Website (www.brightwork.com) is owned and operated by Aimware Ltd. (trading as BrightWork) (“Website”, “BrightWork” and “we”).  BrightWork has its registered office at Galway Business Park, Dangan, Galway, Ireland H91 P2DK, Company No. 24191.

Your use of this Website is subject to these Terms of Use (together with the documents referred to in it), as set out below.  By accessing and using this Website you agree that you have read, understood and accept these Terms of Use. If you do not read or agree with our Terms of Use, you should discontinue your use of this Website.


Global Headquarters

BrightWork
Galway Business Park
Dangan
Galway
Ireland
H91 P2DK

 

US Headquarters

BrightWork
One International Place
Suite 1400
Boston, MA 02121
USA

Permitted Use of the Website

You may use this Website and its Content for your own personal, non-commercial uses only, and solely in compliance with these Terms of Use. You may not use the Website for any purpose, or in any manner that is unlawful or prohibited by this agreement. BrightWork may terminate your use of this Website if you violate the Terms of Use, any applicable laws, or any rules or guidelines posted on the Website, or for any other reason in our sole discretion.


Privacy Statement

Our Privacy Statement, which sets out how we use your information, can be found here. By using this Website, you are accepting the terms as laid out by the Privacy Statement. If you are not happy with our Privacy Statement, you should not use this Website. Any external links to other Websites are clearly identifiable as such, and we are not responsible for the Content or the privacy statements of third party Websites.


Intellectual Property Rights

By accessing and using this Website you acknowledge and agree that all the information, communications, photography, text, design, images, graphics, software, trademarks, trade names, logos and other materials and services on this Website (the “Content”) are protected by copyright, trademark, database rights, sui generis rights and other intellectual property laws under the national laws of Ireland and international treaties. All property rights, title and interest in and to the Content shall be at all times and for all purposes remain vested in BrightWork and/or its licensors, as the case may be. Any rights not expressly granted herein are reserved.

You agree not to copy, modify, transmit, display, distribute, perform, reproduce, license, publish, create derivative works from, transfer or sell any information contained on or forming part of this Website, or otherwise use such Content of this Website for re-sale, re-distribution or for any other commercial use, without the prior written consent of BrightWork and/or its licensors, as the case may be.

BrightWork® is a registered trademark of Aimware, inc.  All other company, product or service names referenced in this Website are trademarks of their respective owners.  BrightWork does not permit or consent to any name, logo, trademark or service mark to be used that could be confused with or dilute BrightWork trademarks.

BrightWork is committed to respecting the intellectual property rights of others and requests the same of our users. BrightWork, in its sole discretion, may terminate the accounts and access rights of users who infringe or otherwise violate others’ intellectual property rights.


Changes to the Terms of Use

BrightWork may modify or terminate any Content on the Website from time to time, for any reason and without notice or liability to any user or third party. We encourage you to check the Website for changes to the Terms of Use each time you access the Website. Your continued use of the Website will signify your acceptance of any revised Terms of Use.


Additional Terms and Conditions for Software; License Agreements

Any software that is made available to download from the Website (“Software”), whether for free or subject to payment of a license fee, is the copyrighted work of BrightWork and/or its licensors. Use of the Software is governed by the license terms which accompany or are included with the Software (“License Agreement”), or as expressly stated on the Website page accompanying the Software.  An end user will not be authorized to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.  The Software is made available for download solely for use by end users according to the License Agreement.  Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited, and may result in civil and criminal penalties.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BRIGHTWORK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


Links to Third Party Websites

This Website contains links to other third party Websites. BrightWork does not own or control such third party Websites and only provides links to other locations on the internet for information purposes.  Access to any other Website through this Website is at your own risk. Your use of third party Websites is subject to the terms and conditions of use contained within each of those Websites. BrightWork is not liable or responsible for the accuracy of any information, data, opinions or statements on these Websites or the security of any link or communication with those Websites. The fact that BrightWork provides a link to a third party Website does not mean that BrightWork endorses, authorizes or sponsors that Website.


Linking to the Website

You are welcome to establish a hypertext link to this Website if the link does not state or imply BrightWork sponsorship of your Website. However, BrightWork controls the right to remove this link at any time should this courtesy be abused.


No Duty to Monitor

You agree that we are not liable for Content that is provided by others. We have no duty to screen Content that you may supply or post, but we have the right to refuse to post, or to edit submitted Content. We reserve the right to edit, update or remove any Content, for any reason at any time.


BrightWork Community Registration

To fully access and/or use the Website you may be required to register for a BrightWork Community Account.  If you just want to browse this Website, registration is optional.

During registration, you will be prompted to provide the following information, your Name, Company Name, an email address and password.

You agree:

  • to provide complete and accurate information about yourself;
  • to keep your account profile up to date, accurate, current and complete;
  • that your first name and last name may be publicly displayed on your BrightWork Community account;
  • to maintain the confidentiality of your account login credentials;
  • that you are solely responsible for all activities under your login credentials and all communications sent via or to this Website;
  • your use of the BrightWork Community is at your own risk;
  • that BrightWork may modify the Content, or the functionality of the BrightWork Community at any time, or for any reason, at our sole discretion;
  • that if we have grounds to suspect that your information is inaccurate or incomplete, or that you have violated these Terms of Use BrightWork has the right to suspend or terminate your use of the BrightWork Community.

 

If you have reason to believe that someone is using your account without your permission, you should contact us immediately at support@brightwork.com. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use of your account.


Content that You Supply

BrightWork may allow you to supply Content for the Website that can be accessed and viewed by others.

If you post any Content on the Website You:

  • represent that you have all right, title, and interest to the Content you supply;
  • grant BrightWork a royalty-free, perpetual, exclusive right and license to use, copy, modify, edit, publish, and promote this Content in any way and in any commercial or non-commercial medium or form without charge;
  • warrant that the Content will not violate or infringe in any way upon the rights of others:
  • represent that this Content is not unlawful, abusive, defamatory, vulgar and does not violate these Terms of Use;
  • agree that BrightWork, in our sole discretion and without notice, for any reason, may remove or refuse to post any Content that violates these Terms of Use or any applicable rules.

Disclaimer

BRIGHTWORK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE WEBSITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THIS WEBSITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRIGHTWORK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION ALL WARRANTIES AND CONDITONS THAT THE WEBSITE IS OR WILL BE MERCHANTALBLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.


Limitation of Liability

IN NO EVENT SHALL BRIGHTWORK BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF BRIGHTWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL BRIGHTWORK BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS WEBSITE. THIS LIMITATION OF LIABILITY SHALL ALSO APPLY IN REGARDS TO ANY THIRD PARTY WEBSITE.


Indemnity

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify and hold harmless BrightWork against any loss, damage or cost incurred by BrightWork arising out of your access to or use of the Website, or any violation by you of these Terms of Use. You will also indemnify us against any claims that information or Content which you submit, post to or transmit through the Website are in violation of any law or in breach of any third party right.


Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by BrightWork. The views and opinions of authors expressed herein do not necessarily state or reflect those of BrightWork and shall not be used for advertising or product endorsement purposes.


Governing Law

You agree that these Terms of Use shall be governed by and construed in accordance with the law of Ireland and you hereby submit to the exclusive jurisdiction of the Courts of Ireland. This will not prevent BrightWork from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.


This Terms of Use was last updated on August 30, 2017.