Bravo allows Participants to enter into contests, sweepstakes, promotions, marketing campaigns and other events or activities (a “Campaign”) that are sponsored by third party corporate entities (the “Client”) (collectively, the “Bravo Services”). The services offered by Bravo include any Bravo-branded URL (e.g., companyurl.getBravo.com). When you upload a video in response to a Campaign you agree to these Terms and Conditions. Bravo collects all Content (as defined below) for a specific Campaign and then transmits the Content to the Client for review. The Client has the final say on which Content it uses in its respective Campaigns. The goal of Bravo is to capture authentic consumer testimonials and other videos and provide this Content to the Client. Bravo’s Clients are allowed to place the Bravo embeddable video on any website provided that the website is controlled or owned by the Client and that the placement of the embeddable video on the website does not violate Applicable Law (as defined below) or the rights of a third party. Client may also download the original source file or video, and upload and display such file on websites including, but not limited to, YouTube.com, Vimeo.com, and Facebook.com.
Bravo reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting such modification on the Bravo Services. All material modifications will apply prospectively only. Your continued use of the Bravo Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Bravo Services immediately. You may receive a copy of this Agreement by contacting us at email@example.com.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Bravo Services or you are a Participant. Furthermore, Bravo reserves the right, in its sole discretion, to reject, refuse to transmit to Clients or remove any video (collectively, the “videos”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Bravo Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Bravo expressly reserves the right to remove your video(s) and/or deny, restrict, suspend, or terminate your access to all or any part of the Bravo Services if Bravo determines, in its sole discretion, that you have violated this Agreement or pose a threat to Bravo, its employees, business partners, Users and/or the public. Even after your use of the Bravo Services is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
Use of the Bravo Website is free.
4. Information Collected from Participant.
When you sign up to become a Participant, you will also be asked to provide, at a minimum, the following information: name and email address. All requested information is mandatory prior to you uploading a video. It is your individual choice to provide the requested information. If you choose not to provide the requested information then you will not be able to upload a video. You are entirely responsible for maintaining the confidentiality of the information that you provide. You agree not to use the name and/or email address of another Participant at any time or to disclose your information to any third party. You agree to notify Bravo immediately if you suspect any unauthorized use of your account or access to your confidential information. You are solely responsible for your use of the Bravo Services.
5. Use by Participants.
The Bravo Services are for the use of Participants and may not be used for commercial purposes. Bravo reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Bravo Services, including, without limitation, collecting user names, user id numbers, and/or email addresses of Participants by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Bravo Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Bravo reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Bravo Services.
Bravo grants you a limited license to access and make personal use of the Bravo Services and not to download or modify the Bravo Services, or any portion thereof, without Bravo’s express written consent. The foregoing license does not include any resale or commercial use of the Bravo Services or its contents; any derivative use of the Bravo Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Bravo Services or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Bravo’s express written consent. Use of the Bravo Services that constitutes abuse shall be determined by Bravo, in its sole discretion. Bravo reserves the right to terminate your use of the Video Portal if Bravo determines you have not complied with the terms of this Agreement. You acknowledge that the Bravo Services may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, “Material”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Material, taken together, is protected under U.S. copyright laws as a collective work, and Bravo owns a copyright in the selection, coordination, arrangement and enhancement of such Material. Modification of the Material or use of the Material for any other purpose, including use of any such Material on any other website or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by Bravo, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Bravo Services, including the Material. All trademarks appearing on the Bravo Services are trademarks of their respective owners. Bravo Services’ partners may also have additional proprietary rights in the Material which they make available through the Bravo Services. The trade names, trademarks and service marks owned by Bravo, whether registered or unregistered, may not be used in connection with any product or service that is not Bravo’s, in any manner that is likely to cause confusion. Nothing contained on the Bravo Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without Bravo’s express prior written consent.
6. Proprietary Rights in Content on Bravo.
6.1 Every Participant agrees that the moment a video is uploaded that the Participant automatically relinquishes and assigns any and all ownership rights and licensing rights in the videos (collectively, “Content”) that a Participant transmits, submits, displays or publishes (“post”) on, through or in connection with the Bravo Services. By posting any Content on, through or in connection with the Bravo Services, you hereby assign to Bravo full and complete ownership rights to the Content. Bravo shall have full rights to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in any media formats and through any media channels, including, without limitation, through the Bravo Services to applications, widgets, websites or mobile, desktop or other services which are linked with Your Bravo account (collectively, “Linked Services”).
6.2 You represent and warrant that you own the Content uploaded by you on, through or in connection with the Bravo Services, or otherwise have the right to assign full ownership rights in the Content to Bravo. In addition, you warrant that the Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity and that you have an unrestricted, transferable license to include any people or entities depicted in the Content, and you hereby assign such license to the Bravo Services. You will assist the Bravo Services or its assigns in every proper way (but at Bravo Services’s expense) to obtain and from time to time enforce patents, copyrights or other rights based on the Content in any and all countries, and to that end you will execute all appropriate documents necessary to allow Bravo to perfect its ownership rights in the Content. This obligation shall continue beyond the termination of this Agreement. If Bravo is unable for any reason whatsoever to secure your signature to any such document (including renewals, extensions, continuations, divisions or continuations in part), you hereby irrevocably designate and appoint Bravo and its duly authorized officers and agents, as your agents and attorneys-in-fact to act for and on your behalf and instead of yourself, but only for the purpose of executing and filing any such documents and doing all other lawfully permitted acts to accomplish the foregoing with the same legal force and effect as if done by you individually.
6.3 Bravo performs technical functions necessary to offer the Bravo Services, including, but not limited to, the technical processing and transmission of Content to Clients for review, and transcoding and/or reformatting Content to allow the Contents use throughout the Bravo Services.
7. Content Posted.
Please choose carefully your videos (i.e., “Content”) that you upload on, through or in connection with the Bravo Services. For security and privacy reasons, you should not upload any information that contains contact data such as, names, phone numbers, email addresses, or website URLs. Once you have uploaded a video you will have the opportunity to review that video, as often as you like, before you submit the video. Despite this prohibition, information, materials, products or services provided by other Bravo Participants (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Bravo assumes no responsibility or liability for this material. If you become aware of misuse of the Bravo Services by any person or Linked Services, please click on the “Support” link at the bottom of the Bravo Website pages and provide Bravo with notice of such misuse.
7.1 Bravo may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Bravo violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Bravo assumes no responsibility for monitoring the Bravo Services for inappropriate Content or conduct. If at any time Bravo chooses, in its sole discretion, to monitor the Bravo Services, Bravo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You represent and warrant that for all Content uploaded or otherwise submitted by you in connection with the Bravo Services: (i) you currently use the product or service described in the Content; (ii) the Content reflects your and any other person appearing in the Content’s honest opinions, findings, beliefs and experience about or with the product or service described in the Content; (iii) you did not create the Content on behalf of your employer, any organization, or anyone other than yourself; (iv) you are not an Expert in regard to the product or service described in the Content (an “Expert” is “an individual, group, or institution possessing, as a result of experience, study, or training, knowledge of a particular subject, which knowledge is superior to what ordinary individuals generally acquire”); (v) if you have a material connection to the Client (such as being an employee of the Client or receiving any payment or benefit from the Client in connection with creating the Content), you have disclosed such material connection in the Content.
7.3 You are solely responsible for the Content that you upload, through or in connection with any of the Bravo Services, and any material or information that you transmit to other Participants and for your interactions with other Users. You are solely responsible for any and all activities that occur under your account. You agree to immediately notify Bravo of any unauthorized use of your account or any other breach of security related to your account or the Bravo Services. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the Bravo Services, you agree to provide certain current, complete, and accurate information about you when prompted to do so by Bravo. Bravo reserves the right to terminate your use of the Video Portal, immediately, with or without cause, and your right to use the Bravo Services.
8. Content/Activity Prohibited.
You agree not to:
- Post, transmit, or otherwise make available, through or in connection with the Bravo Services:
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory, libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking”, “cracking”, or “phreaking.”
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letter”, “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Bravo Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Bravo Services.
- Harm minors in any way.
- Impersonate any person or entity, including without limitation any governmental officials or foreign leaders; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Bravo Services or the servers or networks used to make the Bravo Services available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Bravo Services, including without limitation, by hacking or defacing any portion of the Bravo Services; or disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Bravo Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
- Use the Bravo Services to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent, or use the Bravo Services in a commercial manner.
- Use the Bravo Services to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in Bravo’s sole discretion.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Bravo Services.
- Attempt to gain unauthorized access to the Bravo Services, other accounts, computer systems or networks connected to the Bravo Services through password mining or any other means.
- Remove any copyright, trademark, or other proprietary rights notice from the Bravo Services or Content or materials originating from the Bravo Services.
- Frame or mirror any part of the Bravo Services or software without Bravo’s express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of the materials transmitted through the Bravo Services.
- Create a database by systematically downloading and storing content from the Bravo Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or materials from the Bravo Services or reproduce or circumvent the navigational structure or presentation of the Bravo Services.
- Engage in any other conduct which, in Bravo’s sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply with all applicable laws, regulations, and ordinances as a condition of use of the Bravo Services.
Bravo also reserves the right, but does not assume the responsibility to monitor or review your conduct while using the Bravo Services. Your use of the Bravo Services is subject to all applicable local, state, national and international laws and regulations.
Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Bravo Services, and paying all charges related thereto.
You must not use any feature of the Bravo Services for chain letters, junk mail, or “Spamming” nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement that is (a) addressed to a recipient with whom you do not have an existing business or personal relationship, and (b) is not sent at the request of or with the express consent of the recipient to receive such communication from you (“Spam” or “Spamming”) is strictly prohibited by Bravo. If you use any feature of the Bravo Services for the purpose of sending Spam, Bravo reserves the right to immediately terminate your access to the Bravo Services and to seek appropriate legal recourse, as necessary. If you believe that other users are using the Bravo Services for Spam, please notify Bravo using the Customer Support “Contact Us” Form. Report abuse by flagging any posting that appears to be Spam for Bravo’s review, or by emailing Bravo at firstname.lastname@example.org.
9. Protecting Copyrights and Other Intellectual Property.
Bravo respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
If you believe your work has been copied and posted on or through the Bravo Services in a way that constitutes copyright infringement, please send Bravo’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Bravo Services (e.g., providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Bravo’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Savvy Pro, LLC – Bravo, 555 S. Randall Road, Suite 206, St. Charles, IL 60174; Phone: (866) 377-2927 FAX (866) 377-2927; Attn: Copyright Agent. Bravo’s Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com.
10. Client Linked Services.
Because Bravo has no control over Client Linked Services sites and resources, you acknowledge and agree that Bravo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials (collectively, “Third Party Materials”) on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that Bravo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.
Bravo shall not be liable for your interactions with any organizations and/or individuals found on or through the Bravo Services. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Bravo reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Bravo Services.
11. Participant Disputes.
You are solely responsible for your interactions with whom you interact through the Bravo Services and/or Linked Services. Bravo reserves the right, but has no obligation, to become involved in any way with disputes between you and such other Bravo Users, Clients, third party developers or any other parties.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE BRAVO SERVICES IS AT YOUR SOLE RISK. THE BRAVO SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRAVO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE BRAVO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE BRAVO SERVICE. BRAVO MAKES NO WARRANTY THAT THE BRAVO SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE BRAVO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BRAVO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRAVO SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BRAVO SERVICES OR THAT DEFECTS IN THE BRAVO SERVICES WILL BE CORRECTED. YOU ACKNOWLEDGE THAT BRAVO DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE BRAVO SERVICES, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY BRAVO’S CLIENTS AND/OR FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. BRAVO ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE BRAVO SERVICES, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ADVERTISERS AND USERS) THROUGH THE BRAVO SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE BRAVO SERVICES. BRAVO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE BRAVO SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE BRAVO SERVICES. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAVO OR THROUGH THE BRAVO SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
BRAVO IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE AS TO THE CONTENT OR THE ACCURACY AND RELIABILITY OF THE CONTENT POSTED THROUGH OR IN CONNECTION WITH THE BRAVO SERVICES OR LINKED SERVICES, BY USERS OF THE BRAVO SERVICES OR LINKED SERVICES, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF BRAVO. IN ADDITION, BRAVO IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE BRAVO SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE BRAVO SERVICES OR LINKED SERVICES. PROFILES AND LINKED SERVICES CREATED AND POSTED BY PARTICIPANTS ON, THOUGH OR IN CONNECTION WITH THE BRAVO SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. BRAVO IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY BRAVO. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON THE BRAVO SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY BRAVO. WHEN YOU ACCESS THESE THIRD PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. BRAVO TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE BRAVO SERVICES OR LINKED SERVICES, NOR DOES BRAVO TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. BRAVO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BRAVO SERVICES OR LINKED SERVICES. BRAVO ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR PARTICIPANT COMMUNICATION. BRAVO IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE BRAVO SERVICES OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE BRAVO SERVICES OR LINKED SERVICES. UNDER NO CIRCUMSTANCES SHALL BRAVO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE BRAVO SERVICES OR LINKED SERVICES, ATTENDANCE AT A BRAVO EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE BRAVO SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE BRAVO SERVICES, WHETHER ONLINE OR OFFLINE. THE BRAVO SERVICES AND LINKED SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRAVO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED, TO THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE OR THROUGH THE BRAVO SERVICES IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. BRAVO MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE VIDEO PORTAL, OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO, ON THIS VIDEO PORTAL FOR ANY PURPOSE. BRAVO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BRAVO SERVICES OR LINKED SERVICES.
14. Limitation on Liability.
YOU EXPRESSLY AGREE THAT BRAVO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BRAVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) USE OR THE INABILITY TO USE THE BRAVO SERVICES; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH BRAVO OR BRAVO’S CLIENT THROUGH THE USE OF THE BRAVO SERVICES; (iv) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE BRAVO SERVICES OR RELIANCE ON SUCH INFORMATION; OR (v) UNAUTHORIZED ALTERATION OF YOUR DATA. YOU SPECIFICALLY AGREE THAT BRAVO IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE BRAVO SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.
Bravo reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Bravo Services, including but not limited to (i) restricting the time the Bravo Services are available, (ii) restricting the amount of use of the Bravo Services permitted, and (iii) restricting or terminating any User’s right to use the Bravo Services, with or without notice; (b) charge fees in connection with the use of the Bravo Services; (c) modify and/or waive any fees charged in connection with the Bravo Services; and/or (d) offer opportunities to some or all Users of the Bravo Services. You agree that neither Bravo nor any of Bravo’s affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Bravo Services, in whole or in part, or of any service, content or feature through the Bravo Services. Further, you agree that Bravo shall not be liable to you or any third party for any termination of the Bravo Services.
IN NO EVENT SHALL BRAVO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BRAVO SERVICES OR LINKED SERVICES, EVEN IF BRAVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRAVO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BRAVO FOR THE BRAVO SERVICES.
15. U.S. Export Controls.
Any software available in connection with the Bravo Services (the “Software”) is further subject to United States export controls. No software may be downloaded from the Bravo Services or otherwise exported or re-exported in violation of U.S. export laws. Using the Bravo Services is at your sole risk.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
To contact Bravo regarding any questions about this Agreement, please e-mail any question you may have to firstname.lastname@example.org.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.