Description of the Services The Services are comprised of a suite of proprietary tools and applications that are designed to enable organizations (i.e. businesses, educational institutions, volunteer organizations etc.) (“Prospective Recruiters”) and professional recruiters (“Professional Recruiters”) to more effectively communicate with, interview and assess those (“Prospective Recruits”) seeking positions within Prospective Recruiters (collectively, “Recruiting”). As described herein, the Services include, without limitation, tools that help you generate content and share content for purposes of employee recruitment and assessment (collectively, “Created Content”).
– musical Content that is not an original creation by you is also protectable under copyright laws. Copying and distributing music without purchasing or obtaining the rights to the music may be in breach of various laws. Prior to uploading your own musical Content, you must be sure that you have the permission to use such musical Content in connection with the Services.
(ii) you have the right to post that Content and/or Created Content and to grant to BGRated all rights granted herein and BGRated’s use of the Content and/or Created Content will not violate or infringe the rights of any third party;
(iii)the Content and/or Created Content is your own original work, or you own or have acquired, all necessary rights to post and disclose the Content and/or Created Content;
(iv) the Content and/or Created Content is true, accurate and complete;
(v) the Content and/or Created Content is not unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
(vi)the Content and/or Created Content complies with all applicable laws (including without limitation applicable employment laws and human rights-based laws) and does not victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; and
(vii) your disclosure of the Content and/or Created Content does not violate a confidential relationship with any third party, establish a confidential relationship with BGRated or any of its affiliates or suppliers or obligate BGRated or any of its affiliates or suppliers to treat your Content and/or Created Content as secret or confidential.
2. Content and/or Created Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial national or international law, including, without limitation, securities regulations;
3. Content and/or Created Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Content and/or Created Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; or 8. Content and/or Created Content that links to content that, in the sole judgment of BGRated: (a) violates the previous subsections herein; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Services; or (d) which may expose BGRated, its suppliers and each of their affiliates, or its users to any harm or liability of any type.
2. attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures used in connection with the Services;
3. attempt to access or search the Services or any Content and/or Created Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by BGRated or other generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome or Mozilla Firefox), including but not limited to browser automation tools;
4. send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
5. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
6. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
7. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or plant malware on BGRated’s computer system, those systems of BGRated’s providers, or otherwise use the Services to attempt to distribute malware;
8. impersonate or misrepresent your affiliation with any person or entity;
9. use the Services for any illegal, criminal or tortious activity; or
10. use the Services to harass, abuse, or harm another person or entity, or attempting to do the same.
6. INTERNATIONAL USE
Hosting The Services are hosted in datacenters in Canada and the United States and, as a result, information (including, potentially, personally-identifiable information) may be transferred between or reside or be hosted in countries other than the country of your domicile. Notwithstanding the foregoing, you acknowledge and agree that, to the fullest extent permitted by applicable law, BGRated’s collection, use, storage and sharing of your information and Content and/or Created Content is, as set forth below, exclusively subject to the laws of the Province of Ontario and the federal laws of Canada applicable therein, not of the jurisdiction in which you are located.
7. COPYRIGHT INFRINGEMENT
Copyright Infringement Notices If you believe that any material available on or through the Services violates your copyright, you may send BGRated a copyright infringement notice. Any such notice must be in writing and must include substantially all of the following:
2. identification of the copyrighted 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 BGRated to locate the material. BGRated requests that complete URLs for each instance of the allegedly infringing material be provided;
4. information reasonably sufficient to permit BGRated to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
5. 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 the law; and
6. a statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attention: Copyright Agent BGRated Inc.
140 Simcoe St. c/o concierge Toronto, ON M5H 4E9
CanadaBy email: info@BGRated.com
If you are a business or enterprise utilizing the Services for Recruiting purposes, the following terms also apply to you.
(b) BGRATED DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BGRATED OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BGRATED’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WILL BE THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00); OR (ii) THE AMOUNT YOU PAID TO BGRATED IN CONNECTION WITH ANY PAID ACCOUNT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.
(c) CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.