BRAGFOLIO TERMS OF USE AGREEMENT
BRAGFOLIO, INC. (hereinafter “BRAGFOLIO”, “COMPANY”, “WE”, “US”) provides this website, available at the website address <BRAGFOLIO.COM>, including all related services, content, and other information pertaining thereto (collectively, our “Site”), subject to Your acceptance and compliance with the terms and conditions set forth below. Please read this Terms of Use Agreement (“Agreement”) carefully before using our Site. By using our Site You are bound by these terms and conditions. If You do not agree to these terms and conditions, You are not unauthorized to use our Site, and You must immediately stop using and/or visiting it.
This Agreement is made between Bragfolio and You, the Site visitor and/or registered user (“You”, “User”, “Visitor”). At any time we may do the following:
- Change the terms and conditions of this Agreement;
- Change the Site, including adding or removing services, information, or other features of the Site;
- Change the requirements for permission to use certain features of our Site, including changing fees or charges for use of the Site.
Any changes made to this Agreement will be effective immediately upon notice, which we may provide to You by any reasonable means that we deem appropriate, including without limitation, publishing the revised Agreement on our Site and/or sending a notice to You by electronic mail.
You must be at least 18 years of age to use our Site, or the above of majority as that is defined in Your jurisdiction, whichever is older, to visit or use our Site. By visiting and/or using our Site You represent and warrant that You have reached the lawful age to contract in Your jurisdiction, and that You also have the right, authority and capacity to agree to and abide by these Terms.
OUR CONTENT
The information contained on our Site including all text, graphics, images, logos, button icons, software and other content (collectively, "Content"), is protected under both United States and foreign copyright, trademark and other laws. All Content is owned by Us and/or our Users.
When You visit our Site You have permission to view our Content for Your own personal, non-commercial, use. You may cache one personal copy of our Content on Your computer while You browse our Site using a standard human-controlled web browser such as Internet Explorer, Firefox, Safari, or Opera, as such web browser programs typically require for navigation of websites.
You may not copy, duplicate, frame, transfer, or otherwise transmit our Content in any other way, or for any other purpose. You may not sell or license our Content. Unless You are the User who submitted Content to our Site, You may not modify our Content or otherwise misuse our Content.
Furthermore, any code that we generate or display in connection with the pages making up our Site is also protected by our copyright and You may not copy or adapt such code.
GENERAL RESTRICTIONS
You may not use our Site in connection with any unlawful activity or illegal material, including without limitation, material that, in our sole discretion a) infringes upon the rights of any third party, b) violates any applicable law or regulation, or c) is defamatory, obscene, racist, abusive, hateful, or otherwise in poor taste.
You may not breach or attempt to breach security mechanisms in place at our Site. This includes, without limitation, activities such as: accessing data that is not intended for You, attempting to scan or probe our network, or attempting to interfere with any of our services.
Our Site is meant for human visitors; not spiders or “bots.” As such, we may limit the amount of data that Users may access in any given time period, to provide greater assurance that those visitors at our Site are actually human.
SPECIFIC RESTRICTIONS
Our Site is intended to serve as a venue to facilitate matching individuals seeking employment with potential employers. Our Site may not be used for other purposes. We specifically prohibit any other use of our Site, and all Users agree not to do any of the following: (a) post any advertisements for jobs at businesses that potentially compete with our Site, or post any other content that contains links to any of our potential competitors; (b) post jobs or content that contain deceptive or misleading information, including "hidden" keywords or keywords that are irrelevant to the job or are otherwise inappropriate (posting inappropriate text or other material in Your advertisement for the purpose of attracting more viewers is strictly prohibited); (c) remove or modify any material posted by any other person or entity other than material that You have submitted and have the right and authority to change; (d) conduct any activity through our Site that imposes an unreasonable strain upon our infrastructure and systems, including our servers and bandwidth; (e) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of our Site; or (f) aggregate, copy or duplicate in any manner any of our Content or information available from our Site, without express written consent from us.
We do not necessarily monitor any materials posted, transmitted, or communicated to or within our Site. If You believe that something on our Site violates this Agreement please contact us pursuant to the instructions detailed in Section XXX below. Upon notification of allegedly improper activities that are in conflict with this Agreement we may, in our sole discretion, investigate the allegation and determine the appropriate course of action, whether such action includes removing or request the removal of inappropriate Content. Notwithstanding the forgoing, we reserve the right to do nothing at all and we accept no liability or responsibility to Users for performance or nonperformance of such activities.
USER REGISTRATION
When You register for an account with our Site You will be asked to provide us with certain information, including certain personal information (Your “Personal Information”). Your Personal Information is handled pursuant to the terms of our Privacy Policy, which we strongly encourage You to read completely.
When You register for an account You will also be asked to create a username and password. You are responsible for selecting secure usernames and passwords. You may not share Your password or other account credentials with third parties, and You shall be responsible for all uses of Your account whether or not explicitly authorized by You. If You suspect that Your account has been compromised You must notify us immediately.
You do not “own” Your account at our Site. You should maintain a backup of any important information in Your account at a location other than our Site. While we make continuing efforts to protect and maintain the integrity of our User accounts, we do not guarantee their integrity. We shall not be responsible for any lost, stolen, or damaged data stored in Your account.
USER SUBMISSIONS
A large portion of the Content at our Site is contributed by our Users, such as You. You are solely responsible for the content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on our Site and/or transmit to our Users.
When You submit User Content You agree that You will submit only User Content that is truthful. To that end, You agree not to impersonate any person, or submit any materials to that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms.
By posting User Content to any area of our Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to us and our affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof.
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above.
If You post User Content in any public area of our Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed our Site retains any and all rights that may exist in such User Content.
It is extremely difficult, if not impossible, to certify the accuracy of all information posted to our Site. As such, we do not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users. You understand and agree that any reliance on material posted by Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on our Site. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content is prohibited that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; any information that promotes or encourages unlawful activities, including links to such content; any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; any trade secret of any third party; or any material, nonpublic information about companies without the authorization to do so.
Any Profile You submit must describe You, an individual person.
USER SUGGESTIONS
We appreciate hearing from our Users and fans and we welcome Your comments regarding our Sites. However, we cannot accept or consider Your creative ideas, inventions or materials other than those which we have specifically requested. Please do not send comments that include that include these materials.
If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Suggestion"), the Suggestion shall be the property of Bragfolio. None of the Suggestion shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Suggestion. Bragfolio shall own exclusively all now known or later discovered rights to the Suggestion and shall be entitled to unrestricted use of the Suggestion for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person or entity.
INTELLECTUAL PROPERTY INFRINGEMENT NOTICES
If You believe that Your intellectual property has been uploaded, posted or copied to our Site and constitutes copyright or trademark infringement, please send our designated agent Your complaint pursuant to §512 of the Digital Millennium Copyright Act (“DMCA”).
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification 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. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
We have designated Clarke Douglas Walton as our agent to receive notices of claims of infringement or other claims of violations to this Agreement.
Clarke Douglas Walton, Esq.
Internet Lawyer for Bragfolio.com
8275 S. Eastern Ave. Suite 200
Las Vegas, Nevada 89123
Telephone: (702) 255-9900
We respect the intellectual property rights of others and will investigate all complaints. Where we find Users repeatedly infringing upon the intellectual property rights of others we may, in our sole discretion, terminate their account and block them from using our Site.
OUR LIABILITY
We are a venue for employers to post job opportunities and for job candidates to post resumes and profiles. We are not an employment agency. We do not screen or censor the postings on our Site, and we are in no way involved in any actual transaction between employer and candidate. We have no control over User Content which is, by definition, not supplied by us. We make no representations about any jobs or candidates listed on our Site. We encourage our Users to use caution and closely evaluate the postings on our Site for truthfulness. From time to time certain postings on our Site may be inappropriate because they are inaccurate or misleading, or they may be for jobs that are in fact unavailable or are illegal. While we reserve the right in our sole discretion to remove objectionable User Content, job postings, resumes or other material from our Site, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
When dealing with strangers on the Internet through sites like ours there are risks. In particular, there is a risk of physical harm when meeting in person with strangers or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through our Site.
If You have a dispute with one or more Users of our Site we are not responsible. You release us (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
When You use our Site we hope that You will find it useful, however we cannot guarantee and we do not promise any specific results when using our Site. No advice or information, whether oral or written, obtained by a User from us shall create any warranty not expressly stated herein.
WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRAGFOLIO, INC. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER BRAGFOLIO INC., ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.
BRAGFOLIO INC. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BRAGFOLIO INC. OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
NEITHER BRAGFOLIO NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
VOID WHERE PROHIBITED; INDEMNIFICATION
Although the Site is accessible worldwide, not all products or services discussed, referenced or made available on the Site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The Company reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) Your breach of this Agreement, (b) Your violation of the Code of Conduct, and/or (c) Your activities in connection with the Site or Site-related services.
MISCELLANEOUS
This Agreement is entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of Florida for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by You except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.