1. Acceptance of Terms.                                                                                         BRIVAS LEGAL

By accessing or using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we may post on or through the Site. We may make changes to this Agreement (and to any such additional rules and guidelines) from time to time, and we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising

TERMS OF USE

LAST UPDATED: October 17, 2013

Please read this Terms of Use agreement carefully. Your use of the Site (as defined below) constitutes your agreement to these Terms of Use.

This Terms of Use Agreement (the “Agreement”) is between you and Brivas, LLC (the “Company,” “we,” “us”) concerning your access to and use of the sites currently located at www.brivas.me, www.brivas.org and www.brivasapi.com (together with any successor site(s)), and/or the GrillCheckTM mobile software application, https://www.brivas.me (BRIVAS OPENiD) and https://wwwbrivasapi.com (BRIVAS API) (together with any successor application(s) or derivative works). Each of the foregoing, together with all Services (as defined below), are referred to herein as the “Site.” By agreeing to this Agreement, you are representing that you are the age of majority in your state of residence and are legally able to enter into a binding agreement.

 

1. Acceptance of Terms.

By accessing or using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we may post on or through the Site. We may make changes to this Agreement (and to any such additional rules and guidelines) from time to time, and we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arisingprior to the date of such posting or other notification. We may, at any time, temporarily or permanently modify or discontinue all or part of the Site, with or without notice, and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. You further agree that we may, at any time, charge fees in connection with the use of all or part of the Site and that you will be responsible for all such charges. You will be notified in advance of any such charges.

 

2. Jurisdictional Issues.

The Site is controlled and/or operated by the Company from the United States and is not intended to subject us to the laws or jurisdiction of any jurisdiction other than that of the United States. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

3. Description of the Services.

We may provide users of the Site with access to certain content and services, which may include, without limitation: (a) facial recognition services that may be used in connection with logging into certain third­party websites or in connection with accessing your own website, files, photos or other content, materials or property; (b) services such as profiles, forums, discussion boards, registration functionality, interactive tests, voting and polling functionality, RSS feeds, blogs and links to third­party websites; and (c) content such as articles, audio and video clips, photographs, graphics, images, text, data, user comments, postings and messages and other similar content (such content and services, collectively, the “Services”).

 

4. Information Submitted Through the Site. You acknowledge that your submission of personal information on or through the Site, including the information we collect from or about you in connection with providing facial recognition services, is governed by our Privacy Policy, which is located at http://www.brivas.org. You agree that all information that you submit on or through the Site, or otherwise provide to us, is and will remain true, accurate and complete.

 

5. Rules of Conduct. While accessing and/or using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your access to and use of the Site is conditioned on your compliance with the terms and conditions of this Agreement, including the rules of conduct set forth in this section. Your failure to comply with any such terms, conditions or rules may result in the termination or suspension, in Company’s discretion, of your access to or use of the Site (or any part of the Site). You agree that you will not, directly or indirectly, do or attempt to do any of the following:

• Post, transmit, or otherwise make available, through or in connection with the Site:

• Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, 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 could give rise to criminal or civil liability; that encourages conduct that could constitute a criminal offense; 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, or other computer code, file, or program that is harmful or invasive or 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” or investment opportunity, or any other form of solicitation.

• Any material, non­public information about a company without the proper authorization to do so.

• Use the Site for any fraudulent or unlawful purpose, including any use of the Services to access or use any information or material, or any website or other online resource, that you do not have proper authorization to access and use.

• Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect information about other users of the Site.

• Impersonate any person or entity, including any representative of the Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement or posting you make.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.

• Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).

• Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.

• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

• Frame or mirror any part of the Site without our express prior written consent.

• Create a database by systematically downloading and storing any or all Site content.

• 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 Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, and subject to the following sentence, the Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. The Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You also acknowledge and agree that you (and not the Company) are responsible for obtaining, maintaining and paying for all telecommunications, networking and computer hardware, equipment and services needed to access and use the Site.

 

6. Registration.

User Names and Passwords. You may need to register to use all or part of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in connection with such registration. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password or your Site account.

 

7. Profiles and Forums. We may provide you with the ability to post or otherwise make available certain information and materials on or through your “profile page” (your “Profile”). We may also make available certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality) on or through which you are able to post or otherwise make available information and materials (each, a “Forum”). Information contained in Profiles and Forums may be made available by our employees and Affiliated Entities as well as by third­party visitors to the Site. Site visitors may make available information and materials and otherwise make statements that are inaccurate, misleading or deceptive. The Company, the Affiliated Entities and each of their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Released Parties”) neither endorse nor are responsible for any opinion, advice, statement or other information or materials made available on or through the Profiles and Forums. Without limiting the foregoing, the Released Parties are not responsible for any results obtained or not obtained using any such information or materials. Under no circumstances will the Released Parties be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Company.

In addition, the Released Parties have no control over, and shall have no liability for, any damages resulting from the use or misuse by any third party of information voluntarily made available on or through a Profile or a Forum or otherwise made publicly available on or through any other part of the Site. IF YOU CHOOSE TO MAKE AVAILABLE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION ON OR THROUGH A PROFILE OR FORUM, OR OTHERWISE MAKE SUCH INFORMATION PUBLICLY AVAILABLE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

 

8. Your Use of Our Facial Recognition Services in Connection with Access to Your Properties.

To the extent that you use our facial recognition services in connection with access to your own websites, files, photos or other content, materials or property (together, “Your Properties”), solely you are responsible for determining and identifying which third parties you intend to provide with such access (and what level of access). We are not responsible for any such third party’s access to (or inability to access or level of access to) Your Properties, and solely you are responsible for the content and availability of Your Properties.

 

9. Submissions.

The Site may make available certain functionality (such as Profiles and Forums) through which you are able to post or otherwise make available information and materials (each, a “Submission”). For purposes of clarity, you retain ownership rights that you may have in any Submission that you make available, subject to the terms and conditions of this Agreement. We need certain rights to your Submissions, however, to be able to make them available through the Site. Accordingly, you hereby grant to the Company, the Affiliated Entities and each of their respective service providers and designees a worldwide, non­exclusive, transferable, fully sublicenseable (through multiple tiers), royalty­free, fully paid­up, perpetual, irrevocable license, without additional consideration to you or any third party, to use, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this section and that such Submission, and your provision of it to and through the Site, comply with all applicable laws, rules and regulations and do not violate the rights of any person. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

 

10. Monitoring.

We may (but have no obligation to) monitor, evaluate, refuse to post, remove or alter Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason.

 

11. Your Suggestions.

You grant to Company all right, title and interest in and to any suggestion, recommendation or other feedback (“Suggestion”) that you provide to us. To the extent, if any, that any such Suggestion is not assignable or that you retain any right, title or interest in and to any Suggestion, you grant to Company a royalty­free, fully paid­up, worldwide, transferable, sub­licensable (through multiple tiers), irrevocable, perpetual license to use such Suggestion (including to incorporate such Suggestion into Company’s products and services (including the Site)). 12. Our Proprietary Rights. We and/or our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by proprietary rights and laws, which may include copyright, trademark and/or patent rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Site, you may access, view and print a single copy of any content on the Site to which we provide you access hereunder, solely for your personal, non­commercial purposes, provided that you keep intact all copyright and other proprietary notices. Other than exercising rights you may have to documents provided to you by another user through the Services, or except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all or any part of the Site or any information or materials made available through the Site.

Our trade names, trademarks and service marks include, without limitation, GrillCheck™ and Prove You’re You™ and any associated logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.

 

12. Links to or from Other Sites.

The Site may provide links to or feeds from other websites and online resources. In addition, you may use our facial recognition services in connection with logging into certain third­party websites. The presence of any hyperlink between the Site and any third­party website or resource does not imply any affiliation or association between Company and the operator of such third­party website or resource. The Released Parties do not endorse any such third­party website or resource and expressly disclaim any responsibility for the accuracy, content or availability of information or materials found on any such third­party website or resource. YOU AGREE THAT YOUR USE OF THIRD­PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH WEBSITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without notice.

 

13. DISCLAIMERS;

LIMITATION OF LIABILITY. THE SITE AND ANY CONTENT OR SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE RELEASED PARTIES DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICES (INCLUDING THE FACIAL RECOGNITION SERVICES) WILL BE AVAILABLE, SECURE OR ERROR­FREE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE AVAILABILITY, ACCURACY, FUNCTIONALITY, COMPLETENESS OR USEFULNESS OF ANY SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE.

NONE OF THE RELEASED PARTIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY (INCLUDING LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF TEN DOLLARS (US$10.00) OR THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES. Applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

While we try to maintain the security of the Site, we do not guarantee that it will be secure or that any use of the Site will be uninterrupted. Information on the Site may occasionally be inaccurate, incomplete or out of date. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at [info@brivas.org] with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

 

14. Indemnity.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Released Parties from and against all claims, losses, costs and expenses (including attorneys’ fees) relating to or arising, directly or indirectly, in whole or in part, out of (a) your access to or use of, or activities in connection with, the Site or activities under your account; (b) any violation or alleged violation of this Agreement by you; (c) Your Properties; or (d) your Submissions.

 

15. Termination.

This Agreement is effective until terminated. We, in our sole discretion, may terminate your access to or use of the Site at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password, user name, biometric information and all related information and files associated with it, and/or bar any further access to or use of such information or files. You agree that the Released Parties shall not be liable to you or any third party for any termination of your access to or use of the Site or any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections : Acceptance of Terms, Jurisdictional Issues, Rules of Conduct, Registration, Forums, Your Use of Our Facial Recognition Services to Limit Access, Submissions, Monitoring, Our Proprietary Rights, Links to or from Other Sites, Disclaimers/ Limitation of Liability, Indemnity, Termination, Governing Law/Jurisdiction, Claims of Copyright Infringement, Apple­Specific Terms and Conditions, Miscellaneous and shall survive any expiration or termination of this Agreement.

 

16. Governing Law;

Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in Orange County, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

17. Information;

Complaints. If you have a question or complaint regarding the Site, please contact us at info@brivas.org. You may also contact us by writing to 4243 Hunt Rd, Ste 215, Cincinnati, OH 45242 or by calling us at 831.216.8991. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916­445­1254 or 800­952­5210.

 

18 Filtering.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). We do not endorse any of the products or services listed at such site.

 

19. Export Control.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You may not export any Services or software available on or through the Site except as authorized by United States law.

 

20. Apple­Specific Terms and Conditions.

In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the version of the application software that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the application software. Apple is not providing any warranty for the application software, except, if applicable, to refund the purchase price for the software. Apple is not responsible for maintenance or other support services for the application software and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the application software, including, without limitation, any third party product liability claims, claims that the software fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the application software, including those pertaining to intellectual property rights, must be directed to the Company at info@brivas.org. The license you have been granted herein is limited to a non­transferable license to use the application software on an Apple­branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you agree to comply with the terms of any third­party agreement that is applicable to you when using the application software, such as your wireless data service agreement. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party. 22. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer­employee, agency or franchisor­franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The term “including” as used herein means “including without limitation.” Except to the extent that you have entered into a separate written agreement with us, this, together with all policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e­mail, or by regular mail, in our discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.

Site ©2012-­2013 Brivas, LLC, unless otherwise noted. All rights reserved.