Bright Hub Terms of Use
Effective as of: January 1, 2012
THESE TERMS OF USE (“TERMS OF USE”) ARE BETWEEN YOU (IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, “YOU” INCLUDES YOUR PARENTS OR LEGAL GUARDIANS) AND BRIGHT HUB, INC. (“BRIGHT HUB”, “WE”, “US” OR “OUR”) WITH REGARD TO THE BRIGHT HUB WEBSITE (DEFINED BELOW) (THE “SITE”). PLEASE READ THEM CAREFULLY. BY USING OR ACCESSING THE SITE OR BY PROVIDING INFORMATION THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IN ADDITION, IF YOU ARE USING A PARTICULAR SERVICE ON THE SITE OR ACCESSED VIA THE SITE, YOU AGREE TO BE SUBJECT TO ANY RULES OR GUIDELINES APPLICABLE TO SUCH SERVICES, AND SUCH RULES OR GUIDELINES WILL BE INCORPORATED BY REFERENCE WITHIN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR YOU DO NOT MEET ANY ELIGIBILITY REQUIREMENTS ESTABLISHED BY BRIGHT HUB FOR USE OF AND ACCESS TO THE SITE, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
UNLESS YOU ARE VISITING A BRIGHT HUB WEBSITE THAT SPECIFICALLY ALLOWS OTHERWISE, (I) CHILDREN UNDER THE AGE OF 13 ARE NOT ALLOWED TO VISIT OR OTHERWISE USE THE SITE, AND (II) YOU ACKNOWLEDGE THAT YOU ARE 13 YEARS OF AGE OR OLDER, AND, IF UNDER THE AGE OF 18, ARE USING THE SITE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
YOU AGREE TO THE TERMS AND CONDITIONS OF THE BRIGHT HUB Project Management’S PRIVACY POLICY (“PRIVACY POLICY”) HEREBY INCORPORATED BY REFERENCE, WHICH DETAILS THE WAYS IN WHICH WE USE PERSONAL INFORMATION THAT BELONGS TO OR IS RELATED TO YOU.
The “Site” encompasses various Bright Hub websites, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all Site services provided through such websites and web pages.
You are responsible for regularly reviewing these Terms of Use. Bright Hub has the right, but not the obligation, to correct any errors or omissions in any portion of the Site and these Terms of Use. Bright Hub reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Site or these Terms of Use, in whole or in part, at any time, without prior notice. All changes to these Terms of Use are effective immediately upon being posted to the Site. Your continued use of the Site following any changes to these Terms of Use will mean you accept these changes.
Restrictions on Use
You agree to use the Site only as provided herein. You will not:
Disclosure Under Law
Bright Hub reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Bright Hub’s sole discretion.
Providing Correct Personal Information
In the course of using the Site, you will be required to enter certain information, including without limitation personally identifiable information (collectively, “Information”). You represent and warrant that you will provide Bright Hub with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
License in Materials
Unless you become a member of the Bright Hub’s writer community, Bright Hub does not claim ownership of any data, information (both personal or otherwise), comments, suggestions, feedback, or other materials that you enter through the Site (collectively, “Materials”). However, by transmitting, uploading, inputting, providing or submitting any Materials, you are granting Bright Hub and its affiliated companies and sublicensees a non-exclusive, royalty-free, compensation-free, perpetual, worldwide, irrevocable and fully sublicenseable license to use such Materials for any purpose at Bright Hub’s discretion, including without limitation incorporating such Materials into the site, and confirming that such Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against Bright Hub for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Materials.
User Representations and Warranties
By using or accessing the Site or uploading, inputting, providing or submitting your Materials, you (1) represent and warrant that you own or otherwise control all of the rights to your Materials necessary to grant the licenses granted in this Section (Materials), including, without limitation, all the rights necessary for you to input or submit the Materials, and have all right, power and authority to enter into these Terms of Use and full perform hereunder, (2) represent and warrant that your use of the Site, Site content and/or Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, right of trade secret or confidentiality, or contractual right, or violate any other agreement to which you are bound or any law, rule or regulation, (3) represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to the Site, and (4) agree that Bright Hub shall not be liable to you or any third party for accepting or not accepting your Materials or for deleting or not deleting your Materials, in whole or in part.
Your Responsibility for Materials and Bright Hub’s Monitoring Rights
You will be responsible for your own Materials and the consequences of transmitting those Materials. Bright Hub has no obligation to monitor you or any other user’s use of the Site. Bright Hub reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site and any Materials entered into or revised on the Site, and to remove any Materials in its sole discretion. Bright Hub reserves the right to restrict or terminate your access to the Site, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Site user ID and/or password, at any time without notice if we believe you have violated these Terms of Use or are likely to violate these Terms of Use. Your sole remedy against Bright Hub in the event of a dispute arising out of these Terms of Use, the Site or your use thereof, is to terminate these Terms of Use by ceasing your use of the Site. Bright Hub may also change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content.
No Reliance or Medical Advice
The Site may contain general information relating to medical conditions and the treatment of such conditions. Such information is not intended as a substitute for medical advice. The Site should not be used in place of a visit or consultation, or of otherwise securing the advice of your physician or other health care provider. You acknowledge that Bright Hub is not engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice from your physician or other health care professional promptly for any situation or problem that you may have.
External Links or References
The Site may contain links or references to other parties’ sites, which links are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside sites (which sites are not part of the Site), and Bright Hub expressly disclaims any and all liability related to such sites and sites relating thereto. Bright Hub does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked sites or any link contained in a linked site. We encourage our users to consider this if they decide to visit such outside sites and to read the applicable privacy policies and terms of use of each such sites.
Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF THE BRIGHT HUB SITE IS AT YOUR OWN RISK. EFFORTS BY BRIGHT HUB TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE BRIGHT HUB SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE, IS PROVIDED “AS IS,” AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES BRIGHT HUB’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability
IN NO EVENT SHALL BRIGHT HUB AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SPONSORS, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH BRIGHT HUB, THE “BRIGHT HUB ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE BRIGHT HUB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE BRIGHT HUB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES ACCESSED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF BRIGHT HUB HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM BRIGHT HUB’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BRIGHT HUB’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
You will indemnify, defend (or settle) and hold harmless the Bright Hub Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the Bright Hub Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of Materials or use of the Site, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms of Use, including without limitation any breach of your representations and warranties herein. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the BRIGHT HUB Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the BRIGHT HUB Entities pursuant to this Section.
Confidentiality of Account and Password
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. Bright Hub reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. You represent and warrant that the information you supply during any registration or update process will be accurate and complete and that you will not (1) impersonate or misrepresent your association with any person or entity, including without limitation registering under the name of another person, or seek to conceal or misrepresent the origin of any content or information provided by you, (2) choose a user name that Bright Hub would reasonably deem offensive, or (3) choose a user name for the purposes of deceiving or misleading Bright Hub or another user as to your true identity.
Notification of Unauthorized Use/Ceasing Access
You shall notify Bright Hub immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with Bright Hub in every reasonable way to help BRIGHT HUB prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site, or upon any earlier demand by BRIGHT HUB at any time, you will cease all access and/or use of the Site, and will not attempt to access and/or use the Site.
Site Ownership
The Site and all content, organization, graphics, design, compilation and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and all Site content is the property of Bright Hub and/or third party licensors, and all right, title and interest in and to the Site and Site content will remain with Bright Hub or such third party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. The Site, including all Site content, is only for your personal, non-commercial use. You do not acquire ownership rights to the Site or any Site content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Site. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Site content. Any copying, republication, or redistribution of the Site or Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Bright Hub and/or the respective intellectual property rights holder identified in the subject content.
Copyright Infringement Claims
Bright Hub respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been infringed, please provide Bright Hub’s Designated Copyright Agent, identified below, with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) 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; (6) 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; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
Copyright Agent
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the Bright Hub Designated Copyright Agent using the following contact information:
Binding Arbitration
You and Bright Hub each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms of Use to arbitrate), your or Bright Hub’s rights and obligations under these Terms of Use, the Site, the use of the Site, and/or the information, services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in Albany, New York before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and Bright Hub shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section (DISPUTE RESOLUTION), to the extent you have in any manner violated or threatened to violate Bright Hub’s intellectual property rights, Bright Hub may seek (and you will not contest) injunctive or other appropriate relief in any state or federal court in Albany, New York, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration Final
The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
These Terms of Use provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE BRIGHT HUB ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
California Residents
If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of New York, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in Albany, New York in all disputes arising out of or relating to the use of the Site or under these Terms of Use; provided, however, that in the event Bright Hub is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Bright Hub hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Bright Hub therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, Bright Hub and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms of Use, your or Bright Hub’s rights and obligations under these Terms of Use, the Site, use of the Site, and/or the services and/or products that may be provided by or through or in connection with the Site.
Viewing, Accessing and Use Outside the United States
Bright Hub makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
No Joint Venture
You agree that no joint venture, partnership, employment or agency relationship exists between you and Bright Hub as a result of these Terms of Use or your use of the Site.
No Waiver
The failure of Bright Hub to enforce any provision of these Terms of Use will not be construed as a waiver or limitation of Bright Hub’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.
Assignment
No assignment, delegation or other conveyance of these Terms of Use may be made by you (by operation of law or otherwise) without the prior written consent of Bright Hub, to be given in its sole discretion. Bright Hub may assign its rights and obligations hereunder to any other party.
Statute of Limitations
Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.
Agreement Binding
In the event that any provision of these Terms of Use is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.
Notices
Notices to Bright Hub under these Terms of Use shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Bright Hub, with such notices being effective as of the date of actual, confirmed receipt by Bright Hub. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
Entire Agreement
Unless you become a member of Bright Hub’s writer community, these Terms of Use and the Privacy Policy contain the entire agreement between you and Bright Hub with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bright Hub with respect to the Site. Any rights not expressly granted herein are reserved. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. The headings and other captions in these Terms of Use are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Use. Those terms and conditions of these Terms of Use that assign liabilities to the parties extending beyond the term of these Terms of Use shall survive termination of these Terms of Use.
Inquiries regarding this policy should be directed to [email protected]
Bright Hub Terms of Use
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