Welcome to Bright City! This agreement (“Agreement”) describes your rights and responsibilities in your use of Bright City’s website, mobile apps, and service, both as a visitor and as a registered Bright City member, and what you can expect from us. By clicking “I accept” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding agreement.
We use “Bright City” here to refer to the Bright City.com website and our iOS and Android apps (also referred to as our “Services”) that provide you with access to that platform. We also use “Bright City” to refer to the companies operating our Services.
If you live in the United States, the Services are operated and provided to you by Mobile Science Technologies, Inc., 12540 Broadwell Rd., Ste. 2104 Milton, GA 30004.
Eligibility. Each person can only have one account and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. If you are under 13 years old (or any older age of consent required to use social media services where you live), do not use our services or provide any data to us. Convicted sex offenders, including registered sex offenders, and their households are not eligible for Bright City accounts; and we may also deny other account registrations we think would harm Bright City users.
Address Verification. It is not OK to submit inaccurate registration information, or to register if you know you don’t meet our eligibility requirements. Providing false registration information violates our norms and could constitute a crime.
Account Types. Bright City offers personal accounts to individual residential members, individual business representatives and special, restricted-functionality accounts to government agencies, such as city offices or police or fire departments, and to businesses, nonprofits, news media, and other organizations.
Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively screen or monitor Content posted by users; however, we can remove Content posted by you, suspend, delete or deactivate your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms a Bright City neighborhood, the Bright City brand, Mobile Science Technologies, Inc. or which we feel is inappropriate in any way.
Bright City does not interview, run background checks on, monitor, supervise, or control Bright City users.
Text Messaging Alerts. If you use our text messaging service, note that text message alerts are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services. Bright City does not charge for sending text messages, but your carrier may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s wireless carrier may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.
Restrictions from Our Licensors. Some of the information and services available through Bright City are licensed from third parties and covered by said third party’s terms and disclosures, all of which are expressly incorporated herein, including, without limitation:
You may not sublicense, resell, or otherwise distribute any data from our third-party licensors to any third party; it is only for your internal personal use.
Users of our iOS application are subject to the following terms required by Apple: To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the Bright City iPhone app. Apple is not responsible for addressing any claims by you or any third party relating to the Bright City iPhone app or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Bright City iPhone app does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights. Where permitted by law, Apple, its subsidiaries and our other suppliers are third-party beneficiaries of this agreement, but no one else is. Without limiting the foregoing, (1) upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary, and (2) Apple is not a party to this agreement and is not responsible for the Bright City iPhone app or its contents.
Using Our App. If you download and install the Bright City app, we give you a limited non-transferable revocable license to use it only to access and use Bright City on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.
Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH BRIGHT CITY, INCLUDING THE BRIGHT CITY SERVICES, OUR SOFTWARE, YOUR USE OF BRIGHT CITY OR ANY BRIGHT CITY SERVICE, OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.
Governing Law. This agreement is governed by Georgia law as it applies to agreements entered into and to be performed entirely within Georgia between Georgia residents.
Venue and Jurisdiction. You and Bright City both agree that, except as described in the next two paragraphs, (i) any claim or dispute regarding Bright City or the Services will be resolved exclusively by the Superior Court of Fulton County, Georgia, and (ii) Bright City, Mobile Science Technologies, Inc. and each user of the Services agree and submit to the exclusive personal jurisdiction of those courts for litigating any claims or disputes arising from or as a result of the Services Bright City.
Dispute Resolution. If you have a dispute with Bright City, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
No Warranty. BRIGHT CITY AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using Bright City or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you. All warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose are expressly waived by the user.
Indemnity. You agree to indemnify and hold Bright City and Mobile Science Technologies, Inc. from and against any and all claims, actions, judgments, damages or costs, including reasonable attorneys’ fees incurred in defending against same or in enforcing the provisions of this paragraph, arising from your use to the Services or Bright City.
General. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not (i) located in a country that is subject to a U.S., Irish or EU, Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.
Assignability. You may not assign any of your rights hereunder to any third party.