Terms of Use

These Terms of Use ("Terms") set forth the terms according to which you ("you" or "user") may use our website known as "brilliantcheck.com" and the content provided therein developed and operated by Linkury Ltd. ("Company", "we" or "us") and it constitutes a legally binding agreement between you and us. We advise you to review these Terms prior to browsing or using our website.

Acceptance of These Terms: You hereby acknowledge that you have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of this website. THEREFORE, PLEASE DO NOT ACCESS, VIEW OR USE THE WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS.

Age Limitation and Eligibility

You hereby represent and warrant that you are at least 16 years old, and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order or law to enter into in any agreement;

Website’s Content

Our website provides you with articles, news, opinions, reviews, videos, images and other content made by our team of writers in various categories and topics ("Content"). The Content is provided for entertainment purposes only, and in no event shall constitute or shall be deemed to constitute a professional or expert advice. If you are considering any action based on the Content, you should make your own, independent assessment and where needed, consult with an appropriate independent professional.

Third Party Content

Our website incorporates advertisements and sponsored content provided by third parties, including banners, links, and images ("Third Party Content"). We have no control over Third Party Content. By interacting with the Third-Party Content, you will be subject to such third parties’ terms of service and privacy policy, which may be different from our own. Use of such Third-Party Content is at your own risk.

Intellectual Property

Except as expressly stated under these Terms, we retain all right, title ownership and interest in and to the website and the Content, copyrights and trademarks, product names, and trade names, to the fullest extent possible under applicable law.

Copyrights Policy

We have a clear copyright policy regarding any Content suspected or claimed to be infringing third party’s copyrights, which further incorporates the Digital Millennium Copyright Act of 1998 ("DMCA"). Accordingly, we have registered and appointed a designated agent on behalf of the Company ("Agent"), to handle any complaints regarding copyright infringement. We will respond within a reasonable amount of time to claims of copyright infringement committed using the website that are reported to the Agent.

In the event you are a copyright owner, or authorized to act on behalf of one, and you believe in good faith that any Content has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or that of a third party which you are authorized to act on its behalf, please report the alleged copyright infringement by submitting a DMCA notice of alleged infringement ("DMCA Notice").

You can submit a DMCA Notice by:

  • Filling in and submitting our online DMCA Notice form available here or;
  • Send our Agent a DMCA notice at: support@brilliantcheck.com, which must include the following information:
  1. Identify the copyrighted work or material that you claim has been infringed, and provide our Agent with sufficient information to enable us to locate the material, including at a minimum, the URL of the link(s) shown on the website where such material may be found and screenshots of such material. If multiple copyrighted works are covered by this DMCA Notice - please provide a representative list of the applicable copyrighted works.
  2. Your contact information – name, mailing address, telephone number, and email address.
  3. Include both of the following statements in the body of the DMCA Notice:
  4. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  5. "I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the applicable copyright that is claimed to be infringed.

Upon receipt of a valid DMCA Notice (with all the information requested and detailed above), we will remove or disable access to any content that we believe, in good faith and at our discretion, is infringing the copyrights or other intellectual property rights of third parties, and where applicable, we may notify the alleged infringer that we have removed or disabled access to such content.

Be sure to consider whether fair use, fair dealing, or a similar exception to copyright laws applies before you submit the DMCA Notice. Note that, submissions of a DMCA Notice will initiate a legal process, and thus, it is important not to make any false claims. In addition, note that when you submit a DMCA Notice, we are relying on the information provided by you. Knowingly misrepresenting that the certain content is infringing, shall derive liability for any damages, including costs and attorneys' fees, incurred to the alleged infringer, to any copyright owner, copyright owner's authorized licensee or to the Company, who is damaged by such misrepresentation. Hence, please remember that there are legal and financial consequences for fraudulent or bad faith submissions, and before you submit a DMCA Notice, be sure that you are the actual rights’ holder of the content or that you are legally able to represent such rights' holder and understand the repercussions of submitting a false claim.

Restrictions of Use

The website and the Content are provided for your personal, non-commercial. You may not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the website or attempt to derive the source code or gain unauthorized access to the website or its related systems, circumvent, disable, damage or otherwise interfere with security-related features or operations of the website; (b) reproduce the Content, prepare derivative works, distribute, perform publicly or display publicly the Content without our prior written approval (and except as permitted under applicable law); (c) commercially exploit the website or any portion thereof; (d) use the website or the Content in any fraudulent or unlawful manner; (e) assert any proprietary rights in or to the Content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers; or (f) use Company’s name, logo or trademarks without our prior written consent. We are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms.

Privacy

We highly respect our users’ privacy. Our data collection, privacy and data security practices are detailed in our Privacy Policy and incorporated herein by reference.

Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, REGARDING THE WEBSITE AND CONTENT, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND THE CONTENT ARE PROVIDED BY US "AS IS" AND "AS AVAILABLE" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USE OF THE WEBSITE AND CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS, OR BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF OR IN CONNECTION WITH, THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE WEBSITE OR THE CONTENT, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR THE CONTENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE.

Indemnification

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the website and Content.

Dispute Resolution

In the event of any dispute, you agree to first contact us at:support@brilliantcheck.com. We will make a reasonable effort to resolve the dispute informally and in good faith. If we were not able to resolve the dispute, we each agree by these enforceable Terms to resolve any claim arising out of or in connection with or relating to these Terms, by binding and exclusive arbitration by the American Arbitration Association ("AAA"). ADDITIONALLY, WE EACH HEREBY AGREE TO BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims together. We are each waiving the right to a trial by jury or to participate in a class action. This arbitration agreement will survive the termination of these Terms. If you wish to opt out of this arbitration agreement, you must provide us with a written clear notification stating you do not agree to this provision, which shall include your name and address.

These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards. This dispute resolution provision will survive the termination of these Terms.

Amendments

We reserve the right, at our discretion, to revise or update these Terms at any time. Such amendments shall be effective upon the publication of the amended Terms. The date of the last revision will be reflected in the "Last Updated" heading located above. Your continued use of the website thereafter constitutes your consent to such changes and you agree to be bound by them. We therefore ask you to periodically review these Terms.

General

These terms, constitute the entire understanding between the parties with respect to the use of the website and Content. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We reserve the right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Further Questions?

If you have any questions regarding these Terms and the website, or you wish to report violators of these Terms, you may contact us at:

support@brilliantcheck.com

You may also contact us at:

Linkury Ltd.

Copyright © 2020 Brilliant Check All right reserved 14 Arieh Shenkar St, Herzliya 4672514, Israel