Terms and Conditions
Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions" or "Terms") governing your access to and use of the Bright Web Sites and the Services (as each are defined below) provided by Bright Media Corporation or one of its divisions (collectively, "Bright" or "We"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Bright Web Sites or Services.
These Terms and Conditions (as they may be amended from time to time by Bright) form a binding agreement (the "Agreement") between you and Bright. Your access to or use of the Bright Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
These Terms and Conditions are effective as of January 01, 2013.
Bright may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding on you.
Users who violate these Terms may have their access and use of the Bright Web Sites or Services suspended or terminated, at Bright's discretion.
The following definitions apply to this Agreement
- "Bright Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
- "Bright Web Site" or the "Site" (collectively, the "Bright Websites" or the "Sites") means any web site under Bright's control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Bright Materials and Services (as applicable in each context).
- "Content" includes all Text, Graphics, Design and Programming used on the Sites.
- "User Content" or "Document" refers to any posting to a Site, whether job or resume.
- "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
- "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
- "Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
- "Job Seeker" or "Candidate" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
- "Service" or "Services" means any services provided by Bright or its agents described herein
- "Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
- "User" refers to any individual or entity that uses any aspect of the Sites.
- "Profile" or "Profiles" refers to User created profiles, which may contain personal information, including but not limited to work and education history. Certain aspects of these Profiles may be made public by the User.
- "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
Acceptable Use of the Site and Services
The Sites and Services are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Bright's intended and acceptable use of the Sites. Bright is the sole interpreter of the Sites' intended and acceptable use.
The Sites and Services are intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Sites or Services by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Sites or Services only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Services are not available to any Users previously removed from the Services by Bright.
4.2. User Accounts
You do not have to register a User account in order to visit the Sites. To access certain features of the Services, such as applying for jobs or posting jobs, you will need to register with Bright and create an account. You may also create an account by logging into the Service either with or without your Facebook account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
Bright may maintain different types of accounts for different types of Users. If you open a Member account on behalf of an Employer, company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Bright immediately of any breach of security or unauthorized use of your account. Bright will not be liable for any losses caused by any unauthorized use of your account.
You may control your Profile and how you interact with the Service by changing your settings. By providing Bright your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
4.3. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Bright servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Bright grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available portions of the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
Bright may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Bright's sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
All aspects of the Services are subject to change or elimination at Bright's sole discretion. Bright reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Bright will not be liable to you for any interruption of the Services, delay or failure to perform.
You are solely responsible for your interactions with other Bright Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Bright shall have no liability for your interactions with other Users, or for any User's action or inaction.
Intellectual Property Rights
The Sites, the Bright Materials and all right, title and interest in and to the Sites and Bright Materials are the sole property of Bright or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Bright reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Bright Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Bright on such Bright Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Chrome, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Bright Sites, without the express written consent of Bright. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Bright Materials are not considered to be works for hire and you may duplicate such Bright Materials only for purposes outlined in writing by Bright. "Bright.com," "Bright Score", the Bright design logo and certain other names or logos are service marks or trademarks of Bright, and all related product and service names, design marks and slogans are the service marks or trademarks of Bright. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Bright's trademarks, service marks and copyrights. Any code that Bright creates to generate or display the Content or the pages making up the Sites is also protected by Bright's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Bright Materials on any authorized copy you make of the Content or Bright Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bright under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bright does not waive any rights to use similar or related ideas previously known to Bright, or developed by its employees, or obtained from sources other than you.
5.1. User Content
Some areas of the Sites or Services may allow the creation of User Content, including but not limited to: employment qualifications, job descriptions, feedback, comments, questions, and other information. You are solely responsible for the User Content that you post, upload, publish, display, link to or otherwise make available on the Service, and you agree that Bright is only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content published, Bright does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Bright reserves the right, but is not obligated, to reject and/or remove any User Content that Bright believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
Bright takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In connection with your User Content, you affirm, represent and warrant the following:
- You are at least 18 years of age and have not been previously removed from the Services, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and Bright's use thereof as contemplated by this Agreement and the Services will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
- Bright may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Bright is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Bright shall not be liable for any damages you allege to incur as a result of such User Content.
5.2. Employer Materials
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Bright a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
5.3. User Content License Grant
You retain all ownership rights of your User Content. By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Bright a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Service. You understand and agree, however, that Bright may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Services does not provide you a means to delete or remove are perpetual and irrevocable.
5.4. License to Use by Users who are Job Seekers
Bright hereby grants you a limited, terminable, non-exclusive right to access and use the Sites and Services only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the User Content you post or upload to the Sites and any consequences arising from such posting. Your use of the Sites or Services is a privilege. Bright reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
5.5. License to Use by Users who are Employers
Bright hereby grants you a limited, terminable, non-exclusive right to access and use the Bright Software only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. Bright also grants you a limited, terminable, non-exclusive license to use the Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Bright to any third party without the express written authorization of Bright. You agree that you are solely responsible for the content of any User Content you post or upload to the Site and any consequences arising from such posting. Bright reserves the right to suspend or terminate your access and use at any time if Bright determines that you are in breach of this Agreement.
Additional Terms Applicable to Employers
You are responsible for maintaining the confidentiality of your Employer User account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Bright Site and Service registrations and passwords, whether or not authorized by you. You agree to immediately notify Bright of any unauthorized use of your employer User account, profile, or passwords.
Employers are solely responsible for their postings on Bright Sites. Bright is not to be considered to be an employer with respect to Your use of the Sites and Services, and Bright shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or interacting with any Job Seekers on Bright.
You understand and acknowledge that if you cancel your Employer User account or your Employer User account is terminated, all of your account information from Bright, including but not limited to saved resumes, conversations with Candidates, and past or current job postings, will be marked as deleted and may be deleted from Bright's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Bright's web servers.
In order to protect Bright's Users from commercial advertising or solicitation, Bright reserves the right to restrict the number of e-mails or messages which an employer may send to Users to a number which Bright deems appropriate in its sole discretion.
Job Seeker profiles derived from User Content may also be made available through the Sites. Bright does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
6.1. Job Postings
A Job posting may not contain:
- (a) any hyperlinks, other than those specifically authorized by Bright;
- (b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Bright's reasonable discretion;
- (c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Bright;
- (d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- (e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
- (f) inaccurate, false, or misleading information; and
- (g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Bright job posting to:
- (a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- (b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- (c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- (d) post jobs or other advertisements for competitors of Bright or post jobs or other content that contains links to any site competitive with Bright;
- (e) sell, promote or advertise products or services;
- (f) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- (g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- (h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- (i) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer's use of IRS forms W-2 or 1099;
- (j) post jobs on any Bright Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
- (k) advertise sexual services or seek employees for jobs of a sexual nature;
- (l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- (m) endorse a particular political party, political agenda, political position or issue;
- (n) promote a particular religion;
- (o) post jobs located in countries subject to economic sanctions of the United States Government; and
- (p) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Bright reserves the right to remove any job posting or content from Bright, which in the reasonable exercise of Bright's discretion, does not comply with the above Terms, or if any content is posted that Bright believes is not in the best interest of Bright.
If at any time during Your use of the Bright Services, You made a misrepresentation of fact to Bright or otherwise misled Bright in regards to the nature of Your business activities, Bright will have grounds to terminate Your use of the Bright Services.
6.2. Job Seeker Database
Use of the Bright Job Seeker Database by Employers
You shall use the Bright Job Seeker Database as provided in this Agreement and in any contract You have with Bright. You shall use the Bright Job Seeker Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Bright Job Seeker Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Bright Job Seeker Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share any Bright seat-based license login credentials with any other party.
The Bright Job Seeker Database shall not be used:
- (a) for any purpose other than as an Employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
- (b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
- (c) to source candidates or to contact job seekers or resume holders in regards to career fairs or business opportunities prohibited by Section 6.1.
In order to ensure a safe and effective experience for all of our Users, Bright reserves the right to limit the amount of data (including but not limited to profile or resume views) that may be accessed by You in any given time period. These limits may be amended in Bright's sole discretion from time to time.
7. Bright Score Calculation
In order to provide data to calculate your Bright Score for an opportunity you may be interested in, you have the option to import relevant career history data by linking your various third-party online accounts to your User Account. You may only link your own accounts and may not link or use the accounts of others to create a Bright Score. You may only link an online account to one User Account. Additionally, you may also import work history data from an existing resume. You may not use the Services to impersonate others (or link to accounts that are not yours) or include or use any false or inaccurate information in your User Profile.
Bright Scores are provided for informational purposes only. You acknowledge and agree that Bright does not represent or warrant that the Bright Scores are accurate, complete, or appropriate and that Bright shall not be responsible or liable for the accuracy, usefulness or availability of the Bright Scores or any other information transmitted or made available via the Service.
Bright reserves the right to share your Bright Score(s) at any time without your consent by removing any personally identifiable information. If you disagree with a Bright Score or would like to register a complaint about a user or notify us of inaccurate or misleading information, you can contact us directly at email@example.com.
The Bright score calculation is constant across all positions and Candidates in order to provide the most accurate and unbiased results. The score was developed in accordance with the guidelines set forth in Title VII of the Civil Rights Act of 1964:
The Bright Score is not designed, intended or used to discriminate because of race, color, religion, sex or national origin of the Candidate
Employers utilizing the Bright Score are not permitted to (1) adjust the scores of, (2) use different cutoff scores for, or (3) otherwise alter the results of the Bright Score on the basis of race, color, religion, sex, national origin, and other protected characteristics
Some of the information obtainable through the Service, including Bright Scores when used by employers for employment screening purposes or other uses regulated by the FCRA, constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found at http://www.ftc.gov/os/statutes/fcra.htm. The Service complies with the provisions of the FCRA, including: (1) Section 607(d), which requires that we provide our clients who are using Bright Scores for purposes regulated by the FCRA with a prescribed notice of their duties as users of consumer reports under the FCRA. Those duties are set forth at http://www.ftc.gov/os/statutes/2user.htm; (2) Section 609, which imposes the requirement that consumer reporting agencies disclose all the information in their files on a consumer upon request; and (3) Section 604, which limits the purposes for which information may be provided. We rely upon certifications provided by our clients using Bright Scores for purposes regulated by the FCRA that the information obtained through the Service is sought to be used for (or to be provided for) employment purposes; tenant screening purposes; purposes related to a business transaction initiated by the consumer; other permissible purposes as defined by the FCRA); and no other purpose."
8. No Endorsements by Bright
Nothing on the Sites or Services shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
9. Paid Services
Billing Policies. Bright may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
No Refunds. You may cancel your Member account at any time; however, there are no refunds for cancellation. In the event that Bright suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
9. Privacy and Security
The safety and privacy of Bright's Users are a top priority. Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
Learn more about safety and privacy in the job search at https://brightjobs.zendesk.com/forums/21237776-safety-and-privacy
By using the Sites and Services, you are consenting to have your personal data collected, used, transferred to and processed in the United States.
Bright has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. DMCA Notice
Since we respect artist and content owner rights, it is Bright's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Sites or Service, please notify Bright's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Sites;
- Information reasonably sufficient to permit Bright to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Bright Media Corporation
690 5th St.
San Francisco, CA 94107
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Bright and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Bright's rights and obligations under the DMCA, including 17 U.S.C. �512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Bright has adopted a policy of terminating, in appropriate circumstances and at Bright's sole discretion, members who are deemed to be repeat infringers. Bright may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Third-Party Links
You agree to defend, indemnify and hold harmless Bright and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites or Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
14. No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BRIGHT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
BRIGHT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Bright SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BRIGHT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIGHT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BRIGHT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIGHT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BRIGHT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BRIGHT HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Bright HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Bright makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
16. User Authentication
Because User authentication on the Internet is difficult, Bright cannot and does not confirm that each User is who they claim to be. Because Bright does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Bright 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.
17. California Residents
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."
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bright without restriction.
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Bright, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Bright that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, unless submitted to arbitration as set forth in the following paragraph.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures. Bright may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Bright in our sole discretion. Bright reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Bright is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
Entire Agreement/Severability. This Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and Bright concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Bright's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
20. Amendments to this Agreement and Changes to Sites
Bright may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Bright unless Bright agrees to them in a signed writing specifically including those new or different terms. Bright may change the Sites at any time.
Please contact us at email@example.com with any questions regarding this Agreement.