April 22, 2014
The services provided by GGGrit enable people to connect to each other online and offline in order to strengthen their professional network and obtain career counseling, introductions and skills. GGGrit connects its users using demographic, psychographic and other personal information. These services are available through GGGrit’s application, platform and related websites (including Talentedly.com. get.talentedly.com, ask.talentedly.com), which may be made available to you through your employer’s website (collectively, the “Service”). The Service is owned and operated by GGGrit Corporation, a company incorporated under the laws of Delaware (“GGGrit,” “we” or “us”). By accessing the Service, you (“you,” or the “User”) agree that you have read, understand and agree to be bound by these Terms.
GGGrit reserves the right and has sole discretion to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date the Terms were last revised. Your continued use of the Service after any such changes means that you have accepted our new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to check the Service regularly to determine if there have been changes to these Terms and to review such changes.
You must be at least eighteen (18) years of age to use the Service. Use of the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Certain features of the Service are available only to Users who register with the Service. To register, you must create log-in information by providing a name, username, password, email address and date of birth. You will also have to answer several questions relating to your demographic, leadership skills, career goals and interests. If you wish to not answer these questions, you will not be able to use some features of the Service.
Your account on the Service (your “Account”) is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your Account has been compromised or that your Account has been accessed by a third party, you agree to immediately notify GGGrit by e-mail to info at gggrit dot com. You will be solely responsible for the losses incurred by GGGrit and others due to any unauthorized use of your Account. All information you provide during registration must be accurate, current and complete.
Your Interactions with other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT GGGRIT CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. GGGRIT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. GGGRIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. GGGRIT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
YOU REPRESENT AND WARRANT THAT YOU HAVE NEVER BEEN CONVICTED OF A FELONY AND THAT YOU ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY.
IN NO EVENT SHALL GGGRIT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT GGGRIT MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE USEFULNESS OF ANY INFORMATION OR INTRODUCTION PROVIDED TO YOU BY INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at info at gggrit dot com.
The Service may charge you a fee. Any fees payable by you will be displayed when you log into the Service. The Service currently uses PayPal to process payments. All monetary transactions on the Service take place in U.S. dollars.
GGGrit’s Content Ownership and Use
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other GGGrit content, including any content we may make available for download by you, (collectively, “GGGrit Content”). All GGGrit Content and the compilation (meaning the collection, arrangement, and assembly) of all GGGrit Content are the property of GGGrit or its licensors and are protected under copyright, trademark, and other laws.
We authorize you, subject to these Terms, to access and use the Service and the GGGrit Content solely for the personal, non-commercial use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the GGGrit Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original GGGrit Content on any copy you make of the GGGrit Content.
GGGrit, the GGGrit logo, and other GGGrit logos and product and service names are or may be trademarks of GGGrit (the “GGGrit Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the GGGrit Marks.
GGGrit reserves the right to investigate and terminate your access if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any other User.
- You will not express or imply that any statements you make are endorsed by GGGrit without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service, without GGGrit’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to GGGrit or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
- You will not access the Service from a jurisdiction where it is illegal or unauthorized.
- You will not use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to GGGrit or others.
- You will not post advertising or marketing links or content, except as specifically allowed by these Terms, including solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes.
- You will not sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent.
- You will not disclose personal information about another person or harass, abuse, or post objectionable material.
- You will not collect User names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email.
Content Posted by You
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Users through the Service (“Your User Content”). GGGrit claims no ownership or control over Your User Content. You or a third party licensor, as appropriate, retain all copyright, patent and trademark rights to any of the content you post on through the Service.
You will not post on the Service, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to GGGrit or to any other User. If information provided to GGGrit, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify GGGrit of such change.
You understand and agree that GGGrit may review and delete any of Your User Content, that in the sole judgment of GGGrit violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
By posting Your User Content to GGGrit, you automatically grant, and you represent and warrant that you have the right to grant, to GGGrit, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, sub-licenseable, transferable, worldwide license to use, remove, publish, transmit, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute Your User Content and to prepare derivative works of, or incorporate into other works, Your User Content. You further represent and warrant that public posting and use of Your User Content by GGGrit will not infringe or violate the rights of any third party. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you.
The following is a partial list of the kind of content posted by Users (“User Content”) that is illegal or prohibited on the Service.
User Content that:
- is patently offensive to other Users, including User Content that promotes racism, bigotry, hatred or physical harm of anykind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Your use of the Service, including but not limited to Your User Content posted on the Service, must be in accordance with any and all applicable laws and regulations.
You may not transmit any chain letters or junk email to other Users. Although GGGrit cannot monitor the conduct of its Users off the Service, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of messages which a User may send to other Users through the Service in any 24-hour period to a number which we deem appropriate in our sole discretion.
You represent and warrant that: (a) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (b) the posting and use of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (c) the posting of Your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Service contains content from users and other GGGrit licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
GGGrit reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and terminating the use of such violators.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Company a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GGGrit to locate the material on the Service;
- Your name, address, telephone number, and email address (if available);
- 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
- 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GGGrit a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to the Agent. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Modifications to Service
GGGrit reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GGGrit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Blocking IP Addresses
In order to protect the integrity of the Service, GGGrit reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Service.
U.S. Export Controls
Software and other content downloadable from the Service (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You are solely responsible for disputes with other Users. GGGrit reserves the right, but has no obligation, to monitor disputes between you and other Users.
GGGrit is not responsible for any incorrect or inaccurate User Content posted on the Service or in connection with the Service. GGGrit is not responsible for the conduct, whether online or offline, of any User and makes no guarantees, express or implied, regarding your ultimate compatibility with other Users you meet through the Service. GGGrit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or User communications. GGGrit is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or the Service or combination thereof, including injury or damage to Users and/or Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will GGGrit or any of its affiliates, employees, agents, partners, and licensors (the “Released Parties”) be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any User Content posted on the Service or transmitted to Users, or any interactions between Users of the Service, whether online or offline. The Service is provided “AS-IS.” We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services offered by businesses listed on the Service, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. GGGrit cannot guarantee and does not promise any specific results from use of the Service. Use the Service at your own risk.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. GGGrit makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Limitation of Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GGGRIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM (A) YOUR USE OF OR INABILITY TO ACCESS OR OTHERWISE USE THE SERVICE, (B) ANY OF THE GGGRIT CONTENT OR OTHER MATERIALS ON, OR ACCESSED THROUGH THE SERVICE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE, (F) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY GGGRIT, OR (G) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF GGGRIT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
The Company may terminate your account, delete your profile and any of Your User Content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if we believe that you are under 18.
Governing Law; Venue and Jurisdiction
By visiting or using the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the GGGrit. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.
YOU AND GGGRIT AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth herein, then GGGrit and you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under these Terms shall be conducted by the American Arbitration Association (the “AAA”) under the AAA’s rules for arbitration. Any such arbitration, to the extent necessary, will be conducted in New York County in the state of New York.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service (including your visit to or use of the Service) be instituted more than one (1) year after the cause of action arose.
You agree to indemnify and hold harmless the Released Parties from and against claims, actions or demand, including reasonable attorney’s fees, resulting from (a) your use of or reliance on any third-party content, (b) your use of or reliance on any GGGrit Content, or (c) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to GGGrit are non-confidential and shall become the sole property of GGGrit. GGGrit shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby assign and agree to assign to GGGrit exclusively and throughout the world all right, title and interest (including any and all patent rights, copyrights, trademark rights, trade secret rights, mask works rights, and any other intellectual or proprietary rights related thereto) in any and all Submissions.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to any of the foregoing except in full compliance with all United States, foreign and other applicable laws and regulations. These Terms constitute the entire agreement between you and GGGrit regarding the use of the Service, superseding any prior agreements between you and GGGrit relating to your use of the Service. The failure of GGGrit to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings for each section, including the title of this page, have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Please contact us with any questions regarding GGGrit’s policies by e-mail at info at gggrit dot com.