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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Your
access to and use of this Web site is subject to the following terms
and conditions of use (“Terms of Use”) and all applicable laws. These
Terms of Use apply exclusively to your access to, and use of, this Web
site known as www.ThumbnailResume.Com (“ThumbnailResume”) which is
exclusively owned and operated by Bragg Street, LLC (“Bragg Street”)
and do not alter in any way the terms or conditions of any other
agreement you may have with Bragg Street, LLC for products, services or
otherwise. For information on www.thumbnailresume.com’s policies
relating to purchases made on our Web site, see www.thumbnailresume.com/terms.
These Terms of Use may be changed by Bragg Street at any time in its
sole discretion by posting the changes made to these Terms of Use, as
revised, on this Web site. Your use of this Web site following the
posting of such changes to revised Terms of Use shall constitute your
acceptance of any such changes. If you do not agree to these Terms of
Use, our Privacy Statement or any other policy governing your access to
or use of our Web site you should immediately terminate your access to
and use of the Web site. If you have any question regarding these terms
or your access to or use of this Web site, please contact Customer
Service at Customer Service.
PRIVACY
We respect the privacy of our customers and encourage you to read our Privacy Statement so that you may make an informed decision about using our Web site.
COPYRIGHT
Unless
otherwise indicated, all Web site materials, including, without
limitation, the Thumbnail Resume logo, and all designs, text, graphics,
other files, and the selection and arrangement thereof are the
proprietary and copyrighted property of Bragg Street or its licensors.
You may electronically copy and print to hard copy portions of this Web
site for the sole purpose of using materials it contains for
informational and non-commercial, personal use only. Any other use of
the materials in this Web site—including any commercial use,
reproduction for purposes other than described above, modification,
distribution, republication, display or performance—without the prior
written permission of Bragg Street is strictly prohibited.
ACCESS TO SERVICES
The
Thumbnail Resume Website allows you to create a unique user name and
password to utilize our online services for each subscribing
organization or individual (hereinafter referred to as “User”). Only
individuals authorized by the User of the services may access and use
the Online Services. You may not access the Online Services from
outside the country for which it was issued. Your unique user name may
be restricted from accessing certain Materials otherwise available in
the Online Services. Materials and features may be added to or
withdrawn from the Online Services or otherwise changed without notice.
TRADEMARKS
ThumbnailResume.com,
the Bragg Street, LLC logo, the Thumbnail Resume Logo and any
proprietary product or service names contained in this Web site are
either trademarks or registered trademarks of Bragg Street or its
licensors, and may not be copied, imitated or used, in whole or in
part, without the prior written permission of Bragg Street. In
addition, all page headers, custom graphics, button icons and scripts
are service marks, trademarks and/or trade dress of Bragg Street, and
may not be copied, imitated or used, in whole or in part, without the
prior written permission of Bragg Street. All other trademarks,
registered trademarks, product names and company names or logos
mentioned herein are the property of their respective owners.
UPLOADED CONTENT
You
may not upload, post, reproduce or distribute in any way material
protected by copyright, trademark, trade secret or other proprietary
right or which would violate any right of publicity, right of privacy
or other right of any third party without first obtaining permission of
the owner of such right. This includes group or individual portraits of
people taken by professional photographers. Photos of people may only
be used with the express written permission of the individual whose
image is portrayed (or for minors, the permission of their parent or
guardian). This includes celebrities and professional athletes, as well
as ordinary citizens. We reserve the right to obtain verification of
any permission required prior to our use of such images.
SUBMISSIONS
You
agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, provided by you in the form of
e-mail or submissions to thumbnailresume.com, or postings on this Web
site, are non-confidential and that Bragg Street shall have a
perpetual, worldwide, non-exclusive license to use such materials in
connection with the maintenance of its Web Site.
INAPPROPRIATE IMAGES OR WORDS
Bragg
Street reserves the right to remove any text or images uploaded by you
that it deems in its sole judgment to be inappropriate or which it
believes may subject it to any liability, including without limitation
the following:
- photographs,
pictures, images, text or other materials submitted by users that are
protected by trademark, copyright, right of publicity or other
proprietary right, without the express permission of the owner of those
rights;
- partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
- profanity
or offensive comments including but not limited to expressions of
racism, bigotry or hatred, or that are abusive, slanderous or offensive;
- any
illegal material such as expressions of abuse, offensive language and
imagery, obscenity or pornography, including, but not limited to, child
abuse, child pornography, depictions of minors engaged in sexual
conduct or explicitly sexual situations, or any other material that
could give rise to any civil or criminal liability under, or otherwise
violate, any applicable law.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If
you believe that any material on this Web site infringes upon any
copyright that you own or control, or that any link on this Web site
directs users to another Web site that contains material that infringes
upon any copyright which you own or control, you may file a
notification of such infringement to the email or address stated below.
ONLINE CONDUCT; REPEAT INFRINGER POLICY
You
agree to use Thumbnail Resume Website only for lawful purposes. You are
prohibited from posting on or transmitting through Thumbnail Resume
Website any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically or otherwise objectionable material of any kind
that infringes the intellectual property rights or is otherwise
injurious to third parties, including but not limited to any material
that encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local,
state, national or international law.
Bragg
Street respects the intellectual property of others, and we ask our
registered members to do the same. Bragg Street may, in appropriate
circumstances and at its discretion, terminate the accounts of a
registered User who infringe the intellectual property rights of others.
CONTENT REVIEW
Bragg
Street may elect to electronically monitor areas of this Website and
may disclose any content, records or electronic communication of any
kind to satisfy any law, regulation or government request, if such
disclosure is necessary or appropriate to operate this Website, or to
protect the rights or property of Bragg Street, its independent
contractors, service providers, consultants, sponsors, licensors or the
public. Bragg Street retains the right, but not the obligation, to
monitor and edit or remove any activity or content that it deems in its
sole discretion to be harmful to users, Bragg Street or the rights of
any third party, or to violate any applicable law.
USE BY CHILDREN
Bragg
Street and the Thumbnail Resume Website do not offer products and
services for sale to children under 18. We sell products and services
for purchase by adults only. By using this Web site, you are
representing to us that you are 18 years old or older. Bragg Street
will not be liable for any damages that may result from
misrepresentation of age by a user of our Web site.
INDEMNITY
You
agree to defend, indemnify and hold harmless Bragg Street, its
Managers, it employees, its independent contractors, service providers
and consultants, and their respective directors, employees and agents,
from and against any third party claim, damages, costs and expenses
(including, but not limited to, reasonable attorneys’ fees) arising out
of your use of the Thumbnail Resume Web site or the use of any
photographs, images or materials you provide, including without
limitation any actual or threatened suit, demand, or claim made against
Bragg Street and/or its independent contractors, service providers, or
consultants, that use of the photographs, images or material provided
infringes, misappropriates or otherwise violates any copyright,
trademark, right of publicity or other proprietary right of any third
party. You agree to pay any judgment or reasonable settlement offer
resulting from any such suit, demand or claim.
DISCLAIMER
THE
MATERIALS AND/OR PRODUCTS CONTAINED AND SOLD ON THE THUMBNAIL RESUME
WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. BRAGG STREET AND THE THUMBNAIL RESUME
WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BRAGG STREET AND THE
THUMBNAIL RESUME WEBSITE DOES NOT REPRESENT OR WARRANT THAT MATERIALS
AND/OR PRODUCTS ON THE THUMBNAIL RESUME WEB SITE, INCLUDING WITHOUT
LIMITATION ANY INFORMATION ABOUT BRAGG STREET AND THE THUMBNAIL RESUME
WEBSITE PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE. BRAGG STREET DOES NOT REPRESENT OR WARRANT THAT
THE THUMBNAIL RESUME WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Bragg
Street reserves the right to change any and all content contained on
the Thumbnail Resume Web site at any time without notice. Reference to
any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof by Bragg
Street and/or the Thumbnail Resume Website.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL BRAGG STREET OR ITS OFFICER(S), MANAGER(S),
DIRECTOR(S),MEMBER(S) OR EMPLOYEE(S) BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY
KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS AND/OR
THE PRODUCTS CONTAINED IN, OR ACCESSED THROUGH, THE THUMBNAIL RESUME
WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BRAGG
STREET, OR THAT RESULTS FROM MISTAKES, OMMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, ACTS OF TERRORISM,
THEFT, DESTRUCTION, OR UNAUTHORIZED ACESS TO THE BRAGG STREET’S
RECORDS, PROGRAMS OR SERVICES.
IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF BRAGG STREET (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE
OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)
ARISING OUT OF OR RELATING TO THE USE OF THUMBNAIL RESUME WEB SITE
EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BRAGG STREET AND/OR THE
THUMBNAIL RESUME WEBSITE FOR ACCESS TO OR USE OF THE THUMBNAIL RESUME
WEB SITE.
LINKING TO OUR WEB SITE
You
are granted a limited, non-exclusive right to create a hyperlink to the
Thumbnail Resume Web site provided such link does not portray Bragg
Street or any of its products or services in a false, misleading,
derogatory or otherwise defamatory manner. This limited right may be
revoked at any time. You may not use, frame or utilize framing
techniques to enclose any Bragg Street and/or Thumbnail Resume
trademark, logo or other proprietary information, including the images
found on the Thumbnail Resume Web site, the content of any text or the
layout/design of any page or form contained on a page without Bragg
Street’s express written consent. Furthermore, you may not use any meta
tags or any other “hidden text” utilizing a Bragg Street and Thumbnail
Resume name, trademark or product name without Bragg Street’s express
written consent. Except as noted above, you are not conveyed any right
or license by implication, estoppel or otherwise in or under any
patent, trademark, copyright or proprietary right of Bragg Street or
any third party. Bragg Street makes no claim or representation
regarding, and accepts no responsibility for, the quality, content,
nature or reliability of Web sites linking to the Thumbnail Resume Web
site.
Third Party LINKS
The
Thumbnail Resume Website may provide links to Web pages and content of
third parties (“Third Party Content”) as a service to those interested
in this information. Bragg Street does not monitor, nor does it have
any control over, any Third Party Content. Bragg Street does not
endorse or adopt any Third Party Content and can make no guarantee as
to its accuracy or completeness. Bragg Street makes no representations
or warranties of any kind regarding such Third Party Content, or any
information contained therein, and undertakes no responsibility to
update or review any Third Party Content. When leaving the Thumbnail
Resume Website, you should be aware that the Thumbnail Resumes
Website’s terms and policies no longer govern, and, therefore, you
should review the applicable terms and policies, including privacy and
data gathering practices, of that site. Users use these links and Third
Party Content contained therein at their own risk.
SEVERABILITY AND NONWAIVER
If
any provision of these Terms of Use shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions. The failure of Bragg Street
to insist upon or enforce strict performance of any of the provisions
of these Terms of Use or to exercise any rights or remedies under these
Terms of Use will not be construed as a waiver or relinquishment to any
extent of Bragg Street’s right to assert or rely upon any such
provisions, rights, or remedies in that or any other instance; rather,
the same will be and remain in full force and effect.
APPLICABLE LAW
The
laws of the State of New Jersey will govern and construe these Terms of
Use without giving effect to any conflict of laws provisions to the
contrary. By use of this Web site, you irrevocably consent for any and
all disputes with Bragg Street to the venue of state or federal courts
located in the State of New Jersey. If you access the Website from
outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
TERMINATION
Notwithstanding
any of these Terms of Use, Bragg Street reserves the right, without
notice and in its sole discretion, to terminate your use of this Web
site and to block or prevent future access to and use of this Web site.
MISCELLANEOUS
These
General Terms and Conditions may be changed from time to time without
notice by Bragg Street and the Thumbnail Resume Website in its sole
discretion. Charges and payment terms may be changed in accordance with
your applicable price schedule; all other provisions may be changed by
Bragg Street and the Thumbnail Resume Website by notice posted on and
the Thumbnail Resume Web Site. Continued use of the Thumbnail Resumes
Website’s Online Services following any change constitutes acceptance
of the change.
Bragg
Street and the Thumbnail Resume Website may suspend or discontinue
providing Online Services to you without notice and pursue any other
remedy legally available to it if you fail to comply with any of your
obligations hereunder.
All fees paid to Bragg Street and the Thumbnail Resume Website are deemed earned when paid and are non-refundable.
Except
as otherwise provided herein, all notices and other communications
hereunder by Bragg Street and/or the Thumbnail Resume Website shall be
in writing or displayed electronically on the and Thumbnail Resume web
site. Notices shall be deemed to have been properly given on the date
deposited in the U.S. mails, if mailed; on the date first made
available, if displayed Thumbnail Resume web site; or on the date
received, if delivered in any other manner.
The
failure of Bragg Street or any third party supplier of Materials to
enforce any provision hereof shall not constitute or be construed as a
waiver of such provision or of the right to enforce it at a later time.
Each
third party supplier of Materials has the right to assert and enforce
these provisions directly on its own behalf as a third party
beneficiary.
QUESTIONS AND CONTACT INFORMATION
General
questions or comments about Thumbnail Resume’s Web site may be directed
to Thumbnail Resume Websites Customer Service at customerservice@thumbnailresume.com
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