GENERAL-DISCLAIMER-AND-DEFINITIONS

This site is owned and made available by Bravo Technologies; referred to in these Terms and Conditions as “we” and “us”. The Terms and Conditions form part of an agreement between you, and ourselves and sets out the conditions under which you may access the site to use our services and advertisements (the “Material”) available through the site.

By accessing or viewing the material and on registration to be become a member on the site you have indicated to us that you both understand and agree to be bound by its Terms and Conditions. In these Terms and Conditions, when we say site, we mean our digital content platform, regardless of how you access it.

These terms and conditions (“the Terms”) govern your use of the Bravo Technologies website “site” regardless of how you access it. Your attention is particularly drawn to the disclaimers in paragraphs 15 – 18. Your use of the site is also subject to our Privacy Policy.

1. TERMS AND CONDITIONS

You must read the Terms and Conditions together with the Privacy Policy and if you do not agree with both please do not proceed to use the site. If you do use the site, your conduct indicates that you agree to be bound by the Terms. We reserve the right to amend these Terms and Conditions from time to time. Any such amendments will be applicable to all persons accessing the site once the revisions have been posted onto the site. You should therefore check the website from time to time to review the current Terms and Conditions.

Although we do check new Member profiles for any content we deem unsuitable we cannot verify the identity of Members or the accuracy of Member Content, nor can we guarantee that we will identify all inappropriate Member Content. Please do not take any Member Content and information as wholly accurate, we will not be responsible for false and misleading statements given by other Members. If you have any concerns over the Member Content on the site, please contact us.

2. NO WARRANTY

The site is provided on an “as is” and “as available” basis and in particular we do not warrant that: the site will continue to be available to you in its current format; the site or any software available from it will be free from viruses or defects; the Material contained on the site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).

We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents or Members of the site, and any implied warranties are excluded to the extent permitted by law. We do not warrant that this site, the server that supplies it, or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.

3. LIABILITY

We shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the site, or your inability to use it.

4. DOWNLOADABLE MATERIAL

All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.

Much of the content is made available by third party sources. We are not responsible for any copyright or trademark violations nor any similarity of the content to other published works. Any such discrepancy falls on the third party source.

5. USE OF THE WEB SITE

You agree:

  1. not to use the site or its Material for any unlawful purpose
  2. that you shall not make any use of the site in any which causes it to be interrupted, damaged, rendered less efficient, or impairs its functionality any way
  3. in particular that you shall not run any automated scripts on any part of the site without our express authorization
  4. not to use the site for the transmission or posting of any computer viruses or any material which is defamatory, false, misleading, offensive or of an obscene, sexually explicit or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety
  5. not to use the site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality)
  6. that you shall not use the site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent
  7. that in the event that you may have any right, claim or action against any other Member arising out of the use of the site you shall pursue such right, claim or action independently of, and without recourse to, us that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site
  8. That we can immediately suspend your access to the site if you commit a breach of these Terms and Conditions

6.RSS FEEDS

By downloading and using our RSS Feeds you agree to be bound by our terms and conditions. Our RSS feeds are entirely free of charge for non-commercial use. You may not use our feeds on any site that we would consider a competitor of Bravo Technologies. If you wish to discuss any commercial content or data feed requirements you may have, please contact us.

7. LINKS TO OTHER SITES

Any web sites to which you link through the site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites.

8. CONTENT

We accept no liability with respect to any of the products, information, material or services offered or provided by other organizations listed on, or linked to, this site. Should you decide to contract with any of these organizations, the contract will be directly between you and the relevant organization. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organizations.

 9. REGISTRATION

When seeking access to parts of the site, such access to interact with other Members you will be asked to register and/or subscribe. You must then supply certain details if requested, such as your email address and a password. To become a Member and you can only access the registration areas of the site if: You are aged 13 or older; You create a profile to become a Member; Your email address and password (if requested) are personal and may not be used by anyone else to access the site; You do not do anything to allow anyone who is not a registered Member to access any registration area of the site; You do not create additional registration accounts which may cause disruption or abuse of the site; You do not supply us with false or misleading information or pass yourself off as another Member. If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice.

10. REJECTION, CANCELLATION, OR SUSPENSION

We can at our discretion, refuse any application to become a Member. We may also suspend or cancel this agreement and your ability to use the site with immediate effect, at any time for any reason, including but not restricted to your serious or repeated breach of these Terms and Conditions or any conduct in connection with your use of the site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the site. No refunds on services will be given. It is your responsibility to access your payment method and cancel any recurring payments as we have no control of that function once initiated.

11. YOUR RESPONSIBILITIES

You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the site. Such material may include without limitation words, photographs, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the site and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution.

12. INFRINGEMENT OF THIRD PARTY RIGHTS

By publishing or posting material on this site, you warrant to us that: You do not infringe the rights of any individual, corporation or organization, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions; You have not defamed any individual, corporation organization or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or improvable; statements breaching an individual’s privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, color or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.

13. INTELLECTUAL PROPERTY

You acknowledge that all rights, including copyright and database rights, for any content on the site (including Bravo Technologies trade names and logos) or which is submitted by you belongs to us or are licensed by you to us for the purposes in 11 above. You may use and contribute to the site for your own private purposes but not for any purpose which includes junk mail, spam, chain letters, pyramid schemes or any other form of exploitation. You will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this site without our written permission, except that you may reproduce reasonable extracts of any contribution to the site and its community, without our prior permission for non-commercial purposes. The designs, images and content of the site are, unless otherwise stated, our property or our licensors’ property. We provide Material on the site solely for your personal use and the reproduction of the whole or any part of the Site for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the site, unless it is for the personal use of a third party. No part of the site must be reproduced, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent.

14. INDEMNITY

You indemnify and will keep indemnified Bravo Technologies, its holding company and/or subsidiaries, together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms and Conditions by you or from the publication of any posting or submission whatsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defense of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operations as may reasonably be requested by us.

15. LOSS OR DAMAGE

You acknowledge that: the contributions to the site and its community are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders; it is your sole responsibility to check the accuracy of any facts and opinions given by any Member on this site before entering into any commitment based upon them; we do not, as a matter of course, actively moderate, monitor or edit the Member contributions to the site and its community; any third parties advertising on our site, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.

16. LIMITATION OF LIABILITY

We are not liable for any loss or damage, howsoever arising, from your registration to the site and its community by other parties, your use of it or inability to use it, or any errors and omissions on the site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.

17. COMMENTS

The owner of this site reserves the right to edit or delete any comments submitted to this blog without notice due to:

  1. Comments deemed to be spam or questionable spam
  2. Comments including profanity
  3. Comments containing language or concepts that could be deemed offensive
  4. Comments that attack a person individually.

18. DATA PROTECTION

We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us or selected third parties providing similar services. You can indicate you do not wish to receive such material by editing your account preferences.

19. INAPPROPRIATE USE

If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, email provider or, in the case of any suspected unlawful activity, the police.

20. PRIVACY POLICY

We will not, under any circumstances whatsoever, give out or sell your information (including name and email address) to anyone. Period. We will also never send you an email unless it is important and directly related to your experience. Also, no one will ever have access to your groups’ posts, files, and other data.

21. SEVERABILITY

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.

22. JURISDICTION

These Terms shall be governed by the laws of the United States and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of the State of Tennessee.

23. SERVICES PROVIDED BY THIRD PARTIES

Bravo Technologies provides a vast array of products and services. In efforts to afford our clients the absolute best service and value we rely on third party vendors for some of our offerings. Bravo Technologies handles all virtual and intellectual properties and services in house. We rely on a cloud based service and management system which allows us to operate on any device anywhere there is a network connection. This allows us to avoid the costs, overhead, and taxes associated with a traditional brick and mortar operation while providing fast secure support for our clients.

24. CONTESTS, SWEEPSTAKES, & GIVEAWAYS

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. Giveaways are sponsored by Bravo Technologies, Christiana, TN 37037 (“Sponsor”).

Internet participants: The promotions are intended for viewing and participation by all individuals from all areas except where prohibited (see below). Do not proceed with this contest if you are outside of eligible areas.

Eligibility: This giveaway is open to all internet participants who reside in the USA. Open only to individuals 18 years of age or older, with Internet access prior to the start date and time of the giveaway/contest. Employees, officers, and directors of Sponsor and its parent, affiliated, and subsidiary companies, distributors, retailers, licensors, advertising and promotional agencies (collectively, “Sponsor’s Entities”) (and the immediate family members, including parents, spouses, children, and siblings, of all of the foregoing) are not eligible to participate or win.

To Enter: Limit one entry per person, household, IP address and/or email address. Entries will be deemed to have been submitted and made by the authorized account holder of the email address at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning such email addresses for its associated domain name.

Any entry information collected from the giveaway shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with Sponsor’s Online Privacy Policy. False, fraudulent, or deceptive entries or acts will render entrant(s) and entries ineligible. By entering, the entrant agrees to be bound by these Official Rules and the decisions of Sponsor and Sponsor’s representatives in all matters relating to this giveaway.

If participants select the ‘newsletter subscription’ checkbox, they will be subscribed to all Bravo Technologies e-newsletters. Participation in the newsletter can be terminated at any time through a link at the bottom of the newsletter or through this link.

Potential Winner Selection: Potential winners will be selected based on the criteria defined at the beginning of the competition. The potential Winner will be notified by e-mail and will be required to respond within the allotted time to claim their prize. The winner may be required to complete, sign, and return to Sponsor an affidavit of eligibility, a waiver of liability, and (where legally permitted) a publicity release within three (3) days of issuance of prize claim, if deemed necessary by Tech Bravo Inc., or prize may be forfeited and offered to an alternate potential winner.

By entering the giveaway, entrants consent to the use of their names, photographs, and related statements by Sponsor in advertising, promotional materials, and on its website, throughout the universe in perpetuity, without notice or compensation, unless prohibited by law.

If Tech Bravo deems necessary and release forms are sent to the winner for signature, they need to be returned within 7 days of prize acceptance. Failure to sign and return the release form will result in forfeiture of any and all prizes awarded.

Prizes: Odds of winning a prize are determined by total number of eligible entries received. Limit one prize per person, household, IP address, and/or email address. Sponsor reserves the right to substitute prizes of equal or greater value at Sponsor’s sole discretion, or to end a competition due to lack of participation (see below).

All winners agree to pay shipping on any prizes granted by Bravo Technologies during any contest or giveaway. Please be prepared to provide us with a payment method. If you are a current client you can authorize us to charge your card on file. All taxes are the responsibility of the winner.

All prizes are non-transferable, with no cash redemptions and/or substitutions except at Sponsor’s sole discretion. After the promotional period for continuing services the winner will be responsible for any payments to continue the service(s) after the initial period. International winners (including EU regions) will be responsible for VAT, duties or import fees on the shipment of their prize.

Due to customs requirements, the prize will need to be assigned a value of at least US$1. (If we do not then your customs office may elect to charge you the retail worth of your item.) Further, some countries outside of the U.S. do not have reliable mail services. In the event that a prize has been stolen or mishandled during shipment to an international destination, Tech Bravo may not be able to replace the specific item(s). If the winner prefers a specific quicker shipping method, they are responsible to notify us immediately and will also be responsible to cover the additional costs if any.

General: Void where prohibited by law. All entries become property of Sponsor and may not be acknowledged or returned. Acknowledgment of an entry does not indicate that the entry qualifies, only that the entry has been received. By entering, the entrant assumes all liability for injury or damage caused or alleged to be caused by participation in this giveaway and/or the acceptance, use, or misuse of any prize.

Sponsor’s Entities and all Internet server(s) and access provider(s), and the respective entities, designees and representatives of each of the foregoing (collectively, the “Releases”) are not responsible for any incorrect or inaccurate entry information, technical malfunctions, failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers or software.

This also includes, without limitation, any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in the giveaway, inability to access Site and/or any other website referenced herein, theft, tampering, destruction or unauthorized access to, or alteration of, entries. data that is processed late or incorrectly, or is incomplete, stolen or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site or for any other reason whatsoever, or printing or other errors.

By entering, the entrant releases and waives any claim(s) they may have against Releases for any and all injuries, claims, damages, losses, costs or expenses of any kind (including without limitation attorney’s fees) resulting from or alleged to result from participation in this giveaway and/or the acceptance, use, or misuse of any prize or parts thereof, or participation in this giveaway.

Sponsor shall not be liable to winner or any other person for failure to supply the prize by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, international carrier issues or any other cause beyond Sponsor’s sole control.

If for any reason, the giveaway is not capable of running as planned or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures or any other causes, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of this giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this giveaway or any portion thereof.

In the event this giveaway is cancelled, Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification or suspension occurs, notification will be posted at the Bravo Technologies Site.

Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the giveaway is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.

Internet entry must be made by the entrant only at the Bravo Technologies Site or Bravo Technologies Social Media Sites. Entries made by any other individual or any entity, and/or originating at any other Internet web site or e-mail address, including but not limited to commercial giveaway subscription notification and/or entering service site, will be declared invalid and disqualified for this giveaway. Use of any device to automate the entry process is prohibited.

25. DEMO VIDEOS

SYNOPSIS
This demo video is intended to be simple and elegant. It is primarily focused on solo artists, small bands, stand up comics, and amateur performers looking to develop a demo reel. This limited time service is provided free of charge to a finite number of successful applicants and is in no way designed to be a full blown multi-angle, cinema quality shoot with special effects, pyrotechnics, and hundreds of man-hours in pre and post production.

The ideal candidate will be a solo vocalist or performer with one instrument who wishes to capture their talent. Bands and other performances will be considered but they are responsible for providing a suitable output from their A/V equipment into our mixer without additional mixing and mastering and without multiple camera angles.

GENERAL CONDITIONS
Only a limited number of successful applicants will be chosen. Successful applicants will have read, completed, and signed the entire application. Successful applicants will have signed release forms and agree to all terms and conditions. All applications, submissions, forms, media, bio’s, and all other data becomes property of the producer. Bravo Technologies reserves the right to refuse, deny, cancel, or modify any parts without notification. All terms and conditions on https://techbravo.net/terms-conditions/ are inclusive of these agreements. All screenplays, choreography, direction, and the workflow of the shoot is the responsibility of the applicant. Anyone under the age of 18 must have a signed parental consent. Parents/Guardians of anyone under 18 MUST be present for the entire shoot.

LOCATION / VENUE
Applicant will secure a suitable location (preferably indoors) to shoot the production. The producers are not responsible for the quality of the venue for the intended use. The producers are not liable nor under any obligation to correct any extraneous environmental variables.

SCHEDULING
Shoots will be scheduled at the producers convenience and need to be coordinated first. Applicant will provide and adhere to a specific time, date and location for the shoot. The event shall not last more than 2 hours from the time of our arrival until our departure. Any delays, including setup and takedown, will be billable at our prevailing hourly rate.

MUSIC / AUDIO TRACKS
Up to 2 high quality microphones will be provided for the performance with boom stands and pop filters. Up to 2 additional channel connections will be available for music/background tracks. Applicant must provide any and all audio and background tracks not produced during the shoot. We will not use any copyrighted material without proper copyright release forms. If your production involves multiple performers, bands, etc… you may feed your audio into our mixer. We are not responsible for any live production audio beyond the scope of our 2 provided input devices.

VIDEOGRAPHY
1 HD Professional Video Camera will be focused on the act and shall remain stationary. Pan, tilt, and zoom during the shoot is not included but may be incorporated as warranted.

PERFORMERS
All performers must read, understand, and sign all applicable terms, conditions, forms, and waivers.

LIABILITY
This service is provided free of charge by Bravo Technologies to garner experience and exposure. The producer assumes that all documentation and terms have been adhered to by all parties. Bravo Technologies will not be held liable, in any form, for anything relating to this production. No guarantees are expressed nor implied about any part of this shoot nor its final cut. Bravo Technologies ONLY function is to record the video and audio of your performance.

26. 3-D PRINTING

Your uploaded file(s) will be stored on our server and remain available for 14 days. The provided quote is good for 14 days. Our printer is professionally checked and calibrated on a regular basis and all functions are within specification.

This is an automated process using unverified model files and we are not responsible for scale. size, tolerances, uniformity, deformation, color, or any clean up or shaping of the object(s). Printing will not begin until all terms and conditions are agreed to and full payment is made.

By submitting your payment you acknowledge that you have read and understand all of our Terms & Conditions and will hold Bravo Technologies, its affiliates, and its agents harmless against any and all damages and/or losses.

27. DIGITAL SIGNAGE

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SERVICE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND BRAVO TECHNOLOGIES, INC. (“WE” “US”) AND GOVERN YOUR ACCESS TO, AND USE OF THE BRAVO TECHNOLOGIES SERVICE LOCATED AT TECHBRAVO.NET OR ANY SUBDOMAIN(S) AND ANY OF ITS SERVICES DOWLOADED THROUGH THE OFFLINE PLAYER (THE “SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SERVICE AND/OR ANY INFORMATION CONTAINED ON THE SERVICE. YOUR USE OF THIS SERVICE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. BRAVO TECHNOLOGIES MAY MAKE CHANGES TO THE SERVICES OFFERED AT ANY TIME, AND BRAVO TECHNOLOGIES CAN CHANGE THESE TERMS AT ANY TIME. IF BRAVO TECHNOLOGIES CHANGES THESE TERMS, WE WILL POST A CHANGE NOTICE ON THE SERVICE AND WE MAY SEND REGISTERED MEMBERS AN EMAIL NOTICE OF THE CHANGE. YOUR CONTINUED USE OF THE SERVICE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS EVEN IF YOU HAVE NOT REVIEWED THEM.

General Use Restrictions

Bravo Technologies provides content and other services through the Service. Certain information, documents, products and services provided on and through the Service, including content, trademarks, logos, graphics and images that are not Presentations (as defined below) (together, the “Materials”) are provided to you by Bravo Technologies and are the copyrighted work of Bravo Technologies or Bravo Technologies’ contributors. The Service also provides, among other things, an online marketplace (the “Shared resources”) where you can browse and acquire content and services for use in your Presentations (“Shared resources”), which may be subject to third party license agreements.

In addition, Bravo Technologies may make certain applications available to you on the Service for use that may assist you in developing or managing Presentations (the “Software”). Any such Software is only made available for use under the terms of a limited, non-exclusive license to use the Software on your personal computer for the sole purpose of developing or managing Presentations.

During the term of these Terms, Bravo Technologies grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services, the Service and the Software solely for your personal use if you are an individual and solely for your business use if you are an organization or agent of your organization in connection with the creation, storage, display and arrangement of Presentations you create using the Service. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner.

This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Service, any Materials or the Software on any legal basis.

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Bravo Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bravo Technologies has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

By using all or part of this Service, you consent to receiving electronic communications from Bravo Technologies and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with Bravo Technologies and you receive them as part of your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Bravo Technologies and its affiliates.

When a visitor to the Service registers to become a member (“Member”), he or she will select an available user name (“Membership Name”) and a corresponding user password (“Membership Password”) to create a unique, personal account (a “Membership Account”). The Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity). You will need a Membership Password to login to the Service and use certain functions and areas within the Service (“Restricted Areas”). If you are an authorized Member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify Bravo Technologies if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.

You are responsible for activities that occur under your account. You agree to immediately notify Bravo Technologies of any unauthorized use of your account or any other breach of security in relation to the Service known to you. You will not use other members’ contact information gathered from Restricted Areas of the Service for commercial purposes and agree not to provide any other Member’s contact information to any third party that is not a Member of Bravo Technologies.

Subscription / Enterprise Pricing and Changes

When a Member of the Services chooses to become a subscriber or a Enterprise, he or she will choose a subscription type and enter additional data, including payment information within their Membership Account. With respect to Software or Services provided on a subscription basis, Subscriber agrees that Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, may from time to time either increase or decrease the fee(s) for all or any portion thereof, and that any such adjustment, when made by Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, shall apply effective as of the expiration of the then-current subscription term.

If Subscriber objects to any fee change, Subscriber’s sole remedy shall be to elect not to renew the Software or Service at the expiration of the then-current subscription term. Each subscription term begins on the day Bravo Technologies receives full payment of the applicable fees from Subscriber or Bravo Technologies’ authorized resale partner, as applicable, and expires either 14 days or 1 year later, depending on the subscription type selected in the applicable order. The subscription term will automatically renew for additional periods unless Subscriber elects not to renew on or before the expiration date. If Subscriber purchases additional subscription Software or Services, the subscription term for such additional Software or Services will be coterminous with the preexisting subscription term. The fee for any additional subscriptions purchased in the middle of a billing month will be charged in full for that billing month.

Reductions will be effective at the end of the then-current term. No refunds or credit adjustments will be given. You acknowledge that Bravo Technologies reserves the right to limit the maximum number of licenses and total storage capacity for each user account. Furthermore, Bravo Technologies, in its sole discretion, reserves the right to adjust the starting price per license and can make changes of any user account, at any time without prior notice.

Payment method/Credit Card Authorization

You must provide Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, with valid credit card or approved purchase order information. Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, may require, and Subscriber agrees that such fees shall be paid by means of credit card payments or other forms of electronic funds transfers, and to implement measures enabling Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, to initiate such electronic funds transfers.

If you are paying by credit card, only valid credit cards acceptable to Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, may be used by you to make payment, and all authorized refunds will be credited to the same card. Until all amounts due have been paid in full, you hereby authorize Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, to charge any credit card provided by you all amounts due under the Agreement from time to time, including without limitation, ongoing Subscription and installment and other payments, taxes, and additional fees.

If the credit card cannot be verified, is invalid, is declined, or is not otherwise acceptable or if Bravo Technologies does not receive payment from its authorized resale partner for your purchase or subscription, the Software and Services may be terminated, deferred, suspended, or cancelled by Bravo Technologies without notice at Bravo Technologies’ discretion and Bravo Technologies may generate invoices for payment.

You agree to update your credit card information to keep it current at all times and that Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, may submit charges for processing even if the card appears to have expired. A credit card authorization form must be completed for all payments made by credit card. All prices are given and must be paid in the currency listed. All payment obligations are non-cancelable and all amounts paid are nonrefundable. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.

Taxes

All fees are exclusive of all taxes, fees, levies, duties or similar charges arising out of or relating to the Agreement, and you shall be responsible for payment of all such taxes, fees, levies, duties or similar fees, excluding only taxes based solely on Bravo Technologies’ income.

Conversion of Trial Period Offers

You may have received a complimentary trial Subscription to the Software or Service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, your trial period will expire at the end of the trial term and access to the Subscription-based Software or Service will be suspended. You will then be prompted to either become a Subscriber or be limited to the Member version of the Software or Services.

Shared resources

A Member or Subscriber (“User”) shall acquire ”Shared resource” Items through the Service, and such Marketplace Items may be subject to an applicable content download agreement based on criteria specified by such User. A User may acquire Shared resource Items for a particular use(s) only if he or she pays with the applicable number of Credits (as defined below) on the Service, and only if he or she agrees to the terms and conditions of any applicable content download agreement for such Marketplace Item and such use(s).

Credits and Payments

Transactions in the Marketplace, including the purchase of products or services, shall be conducted using Marketplace credits (“Credits”) in accordance with Bravo Technologies’ pricing and payment policies and subject to any amounts that may be owed to Bravo Technologies with respect to such transactions. In the event you purchase a Marketplace Item, the appropriate number of Credits shall be deducted from your

Membership Account

You may acquire Credits only by purchase, by using credit or charge cards, online payment accounts, wire transfers or such means as then permitted by Bravo Technologies, or by redeeming a special promotion. If you purchase any Credits using a credit or charge card or an online payment account, you represent and warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Bravo Technologies or Bravo Technologies’ authorized resale partner, as applicable, to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. Credits are non-refundable. Notwithstanding anything to the contrary contained in this Agreement, you may never redeem Credits for cash, and can only use Credits for transactions within the Marketplace.

Use of Marketplace Products and Services

You may only acquire Marketplace Items from the Service in accordance with the terms and conditions of this Agreement and of any applicable content download agreement. You may not use, reproduce, distribute, display or create derivative products or services based on any Marketplace Items or other goods or services that appear on the Service unless you enter into a content download agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable content download agreement.

You acknowledge and agree that no ownership of any Marketplace Items can be transferred, and that no sale of any Marketplace Items can be effectuated, on or through the Service. Only the rights expressly sublicensed in an applicable content download agreement are granted on or through the Service. You acknowledge and agree that Bravo Technologies or its third-party providers retain all ownership rights in and to the Marketplace Items, and that such Marketplace Items are protected by copyright, trademark and other intellectual property rights of Bravo Technologies or its third-party providers.

Termination

Bravo Technologies may, at any time, terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity as it relates to the Service for a period of 90 days. You may, at any time, terminate this Agreement by logging into your Membership Account on the Service and selecting to cancel your Bravo Technologies account. In the event termination is by Bravo Technologies, Bravo Technologies shall notify you of such termination.

Effect of Termination

Upon any termination of this Agreement:

  1. Your Membership Account shall be cancelled and closed and your Membership Name and Membership Password shall be deactivated
  2. All Shared resource Items uploaded by you shall be removed from the Service; provided, however, that Bravo Technologies may continue to use the Marketplace Item for internal archival and reference purposes
  3. You shall forfeit all right, title and interest in and to any and all Credits
  4. Bravo Technologies will permanently delete your Presentations and Materials within 24 hours of the effective date of termination

Termination of this Agreement shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.

Suspension

Bravo Technologies reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time. In the event, and for so long as, Bravo Technologies suspends your Membership Account, you shall have no ability to purchase any Marketplace Items or other goods or services on the Service, but you may continue to access your Membership Account using your Membership Name and Membership Password.

For clarification purposes, Bravo Technologies shall not remove any Marketplace Items or other goods or services you have purchased prior to suspension of your Membership Account and such Marketplace Items or other goods or services shall continue to be available.

Third Party Content

Certain information and content that are not Presentations may be provided by third party licensors and suppliers to Bravo Technologies (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use.

You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

BRAVO TECHNOLOGIES DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Links to Third Party Services

This Service may be linked to other Services that are not Bravo Technologies Services. Bravo Technologies is providing these links to you only as a convenience, and Bravo Technologies is not responsible for the content or links displayed on such Services.

Maximum Storage Limit

You acknowledge that Bravo Technologies reserves the right to limit the maximum storage capacity for each user account. Furthermore, Bravo Technologies, in its sole discretion, reserves the right to adjust the maximum storage limit of any user account, at any time without prior notice.

Presentations

You acknowledge that you are responsible for the information and material that you develop and/or import to the Service and/or through the use of the Software, including, without limitation, any presentations, or portions thereof, that you import, create, store and access on this Service (each, a “Presentation”), and that you, and not Bravo Technologies, will have full responsibility for each such Presentation, including its legality, reliability, appropriateness, originality and copyright. If you submit Presentations to the Service, you grant Bravo Technologies a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) to use, copy, modify, distribute, display the Presentation and provide access to the Presentation to users that you designate in connection with providing services related to this Service to you.

Additionally, if you are a Member, your Presentations will be available for any third party to view at a publicly available URL unless you elect to become a Subscriber and thereafter choose not to make your Presentations public. If you are a Subscriber and have elected to make your Presentations public you acknowledge that third parties may view and have access to your Presentations, and that Bravo Technologies has no control over third parties’ use of your Presentations.

Published presentations may be indexed by search engines. Except as set forth in the preceding sentences, Bravo Technologies will not make your Presentations available to any third parties, and Bravo Technologies agrees to provide access to your Presentations only to you and to those certain e-mail addresses you designate as part of your shared distribution list in your user account.

Bravo Technologies acknowledges and agrees that you shall have the right to download any Presentations you create on the Service and make such Presentations available on your personal or company website, as applicable. Bravo Technologies agrees to manage your Presentations in accordance with Bravo Technologies’ Privacy Policy.

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY PRESENTATIONS YOU SUBMIT TO BRAVO TECHNOLOGIES. You further agree that you will not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Presentation.

You represent and warrant that: (i) you own the Presentations posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Presentations on or through the Service and any other use of your Presentations does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Presentations posted by you to or through the Service or created with the use of the Software.

Posting Etiquette

Bravo Technologies asks that you respect the Bravo Technologies online community as well as other individuals participating within the Bravo Technologies online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Presentations to or otherwise using the Service and/or the services, you agree not to, without limitation:

  1. Post off-topic or disruptive messages
  2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  3. Impersonate or represent Bravo Technologies, our staff or other industry professionals. Solicit a member’s password or other account information
  4. Harvest user names, addresses, or email addresses for any purpose other than to conduct Bravo Technologies business
  5. Use racially, ethnically, or otherwise offensive language
  6. Discuss or incite illegal activity
  7. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated)
  8. Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness
  9. Post anything that exploits children or minors or that depicts cruelty to animals
  10. Post any copyrighted or trademarked materials without the express permission from the owner
  11. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation
  12. Post any content that is mature or adult in nature

This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require Bravo Technologies to monitor, police or remove any Presentations or other information submitted by you or any other user. Bravo Technologies reserves the right to:

  1. terminate or suspend your access to your account, your ability to post to the Service or the services
  2. refuse, delete or remove any Presentations or move any Presentations from “public” to “private” status; with or without cause and with or without notice, for any reason or no reason, or for any action that Bravo Technologies determines is inappropriate or disruptive to the Service, services or to any other user of the Service and/or services

Bravo Technologies reserves the right to restrict the number of emails which you may send to other members and users to a number that Bravo Technologies deems appropriate in Bravo Technologies’ sole discretion. Bravo Technologies may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.

When legally required or at Bravo Technologies’ discretion, Bravo Technologies will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet. You understand that your interactions and dealings with other users of the Service are solely between you and such other user.

Bravo Technologies shall not be responsible for any loss or damage of any sort incurred as a result of any such interactions and/or dealings and Bravo Technologies will have no obligation to become involved in such dispute.

Unauthorized Activities

Presentations and unauthorized use of any Materials or Third Party Content contained on this Service may violate certain laws and regulations. You shall indemnify and hold Bravo Technologies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) Bravo Technologies or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

Proprietary Rights

Bravo Technologies is a trademark of Bravo Technologies in the United States. All other trademarks, names and logos on this Service are the property of their respective owners.

Unless otherwise specified, all information and screens appearing on this Service including documents, services, Service design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Bravo Technologies, Copyright © 2006-17 Bravo Technologies.

All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyright and Trademark Infringements.

Notification:

Bravo Technologies respects the intellectual property of others, and we ask you to do the same. Bravo Technologies may, in appropriate circumstances and at our discretion, terminate or suspend service and/or access to the Service or Restricted Areas of the Service to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Service, please provide Bravo Technologies’ copyright agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

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 Bravo Technologies to locate the material.

Information reasonably sufficient to permit Bravo Technologies to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

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.

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.

Bravo Technologies’ agent for notice of claims of copyright or trademark infringement on this Service can be reached as at legal@techbravo.net.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Counter-Notification:

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the user
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
  4. The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent at legal@techbravo.net:

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Only the intellectual property rights owner may report potentially infringing items through Bravo Technologies’ reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Your use of this Service, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Bravo Technologies, and they may include inaccuracies or typographical errors. Bravo Technologies does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Service. Bravo Technologies has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Bravo Technologies or our licensors.

BRAVO TECHNOLOGIES, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, THE SOFTWARE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT. RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SOFTWARE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BRAVO TECHNOLOGIES DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

BRAVO TECHNOLOGIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SERVICE OR RELATING TO YOUR PRESENTATIONS OR THE SOFTWARE. IN NO EVENT SHALL BRAVO TECHNOLOGIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF BRAVO TECHNOLOGIES KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Limitation on Damages.

IN NO EVENT SHALL BRAVO TECHNOLOGIES’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (USD $500).

Bravo Technologies controls and operates this Service from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are responsible for following applicable local laws.

General

Tennessee law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Service will be heard in the courts located in Tennessee. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Bravo Technologies’ failure to enforce any of these Terms is not a waiver of such term.

The Terms are the entire agreement between you and Bravo Technologies and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Bravo Technologies about the Service. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

28. UNMANNED AIRCRAFT SYSTEMS

This Terms of Service Agreement (the “Agreement”) is between Bravo Technologies, and The “Client” (collectively the “Parties”). This Agreement sets forth the legally binding terms for the Client’s use of Bravo Technologies’ services. 

SERVICES:

Bravo Technologies will perform the video and photographic services (the “Services”) described by the Client at the given date, time and location (collectively referred to as the “Event”)The time and date are subject to change by Bravo Technologies for any reason including but not limited to: personal injury, illness or act of God.

EQUIPMENT:

Bravo Technologies will provide their own video and UAV related equipment necessary to perform the Services. 

OWNERSHIP, COPYRIGHT & SHARING:

The Parties agree that all work performed for the Client shall be considered as works made for hire as contemplated and defined in Section 101 of the United States Copyright Act. The Parties acknowledge and agree that the Client will not hold any intellectual property rights in the recording of the Event including, but not limited to, copyright and trademark rights. Bravo Technologies has exclusive and complete ownership in the intellectual property inherent in the recording of the Event at any time after such recording.

In addition the Client agrees that Bravo Technologies shall still maintain a exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the video and/or audio recorded for the Service, in promotion or for other marketing purposes. The Client agrees and acknowledges that Bravo Technologies may reasonably use the recording of the Event in their portfolio or for stock purchase. Further, Bravo Technologies may display the Client’s name and logo on their website as a party with whom they have worked.

COST:

The Client agrees to the total amount stated in their Invoice.

PAYMENT:

Client will make a one-time payment to Bravo Technologies for the invoiced total OR

Client shall pay Bravo Technologies prior to any work being started as a reservation fee. This fee is not refundable and will be credited to the final amount owed OR

Client will pay Bravo Technologies multiple payments over a defined term.

PRIVACY OF PROPERTY AND PERSONS:

Client warrants that they represent the owner or authority of any location or property being filmed, and have secured permission to film the selected location and/or property outlined for the Service. Client is responsible for notifying any person that shall be present at the Event, including but not limited to: Attendees and guests, the proper authorities, owners of property, government officials, agents or representatives and any other applicable parties that video and/or audio will be recorded by Bravo Technologies. Tower Drones agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by the Client or persons present at the Event.

GENERAL PROVISIONS:

  1. All work shall be completed in a professional manner, and in compliance with all applicable laws
  2. Bravo Technologies shall not be liable for any delay due to circumstances beyond our control
  3. Bravo Technologies is an independent Contractor and not an employee of the Client
  4. No modification of this Contract shall be valid unless in writing and agreed upon by both Parties
  5. Any changes to this document must be signed by both Bravo Technologies and the Client
  6. Client shall indemnify and hold Bravo Technologies harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or willful misconduct of the Client
  7. Bravo Technologies’ liability for loss, damage, or failure to deliver the Event video shall be limited to the return of all payments made
  8. This Agreement shall be construed in accordance with the laws of the state of ­Tennessee
  9. Neither the Client nor Bravo Technologies may assign this Agreement without prior written consent from the non-assigning party
  10. The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement
  11. This Agreement constitutes the entire agreement between the Client and Bravo Technologies, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement
  12. All other Bravo Technologies Terms, Conditions, & Agreements are understood, applicable, and adhered to as defined within the bounds of the law.

29. WEB DESIGN

Summary

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. That stuff can be found in the other sections of the Terms & Conditions page (all “that stuff” applies too!).

We have no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short; You are hiring Bravo Technologies (“We, Us, Tech Bravo,”) to:

Design and develop a web site as described in the plan outline and/or service description for the estimated total as outlined in our previous correspondence, quote, or invoice. Of course it’s a little more complicated, but we’ll get to that.

What both parties agree to

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work; provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.

You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Design

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (color, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have contact as required.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

Text content

Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

HTML, CSS, and JavaScript

We deliver web page types developed from HTML markup, CSS style sheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviors. We primarily build upon the WordPress Platform but may use others depending on your needs.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

iOS 9: Safari, Google Chrome
Android: Google Chrome

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

Technical support

We are a website hosting company but we don’t offer support for website hosting, email or other services relating to hosting in this agreement. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you and guide you on that separately. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Search engine optimization (SEO)

We offer basic SEO but don’t guarantee improvements to your website’s search engine ranking. The web pages that we develop are accessible to search engines. Customized SEO options are available in some plans and as an additional option or service.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. Also, “that stuff” (the fine print) we discussed in the first paragraph must be read, understood, and agreed to before entering into this agreement.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

You also acknowledge that you have read, understand, and agree to all other terms and conditions

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. We also usually place a small link/logo in our finished work so others can find out who did all that awesome work for you.

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule:

40% of total invoice due immediately and the remainder is due upon official deployment.

We issue invoices electronically. Our payment terms are due on the date of invoice unless otherwise specified. All proposals are quoted in US Dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of United States and Tennessee courts.

Oh and don’t forget those men with big dogs (or “that stuff” we previously mentioned……. three times :))