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
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
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.
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.
right, but not the obligation, to correct any errors or omissions in any portion
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
Restrictions on Use
You agree to use the Site only as provided herein. You will not:
Transmit to the Site any content, or conduct yourself in any manner, that could
be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive,
vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, inaccurate,
deceptive or unlawful, or that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise violate
Send any bulk commercial email, send any unsolicited email, or conduct or forward
to any party any surveys, contests, pyramid schemes or chain letters.
Falsify or delete any author attributions, copyright notices or legal or other proper
notices or proprietary designations or labels of the origin or source of materials
accessed through the Site.
Harvest or otherwise collect information about others, including e-mail addresses.
Use the Site in any manner which could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment of the Site, including
without limitation uploading files that contain viruses or corrupt files.
Obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Site.
Violate any applicable laws or regulations, including any intellectual property
Access or attempt to access any other user's account, or misrepresent or attempt
to misrepresent your identity while using the Site, including misrepresentation
as an Bright Hub agent or representative, or misrepresentation stating or implying
our endorsement of you or your product or activity.
Use the Site in any manner that could create a risk to a person's safety or
health, creates a risk to public safety or health, compromises national security,
or interferes with an investigation by law enforcement.
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
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
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
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,
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
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
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
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.
Pursuant to the DMCA, written notification of claimed copyright infringement must
be submitted to the Bright Hub Designated Copyright Agent using the following contact
Tracy Sabattis, Copyright Agent
Bright Hub, Inc.
270 River Street, Suite 405
Troy, NY 12180
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
or validity thereof (including the determination of the scope or applicability of
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.
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
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.
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.
CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
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
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
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
of the Site.
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
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.
said provision will be interpreted to reflect the original intent of the parties
continue in full force and effect.
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.
Unless you become a member of Bright Hub's writer community, these Terms of
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.
shall be admissible in judicial or administrative proceedings based upon or relating
business documents and records originally generated and maintained in printed form.
for convenience and reference only and shall not be used in interpreting, construing