Terms of ServicePLEASE NOTE:
IN ORDER TO ACCESS, VIEW OR USE THE GETBRAVO SERVICES PLATFORM, YOU MUST FIRST READ THE FOLLOWING TERMS OF SERVICE AND INDICATE YOUR ACCEPTANCE OR REJECTION OF THE TERMS OF SERVICE ON THE PAYMENT SCREEN. The following Terms of Service create a legal contract between your company and SGA Capital, LLC (“GetBravo”) governing your company’s (which includes your company’s employees, collectively, “You” or “Your”) right to access and use the online Web portal operated by GetBravo (www.getBravo.com) which allows individuals to upload videos in response to Your sponsored marketing campaigns to consist of content, sweepstakes promotions, marketing campaigns, and other events or activities that are sponsored by You (collectively, the “GetBravo Services”) operated on the GetBravo Services Platform. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF SERVICE, YOU SHOULD NOT ACCEPT THESE TERMS OF SERVICE AND SHOULD TERMINATE THE SET UP OF YOUR ACCOUNT. THESE TERMS OF SERVICE REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND GETBRAVO SERVICES CONCERNING THE GETBRAVO SERVICES PLATFORM, AND THESE TERMS OF SERVICE SUPERSEDE AND REPLACE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH GETBRAVO SERVICES RELATING TO THE GETBRAVO SERVICES PLATFORM.
1. License.1.1 Grant of License.
By using the GetBravo Services, you are agreeing to be bound by the terms and conditions set forth in this Agreement. GetBravo reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current GetBravo Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the GetBravo Services after any such changes shall constitute your consent to such changes. Pursuant to these Terms of Service, GetBravo hereby grants to You, and You accept, a limited, non-exclusive license to access and use the GetBravo Services Platform as authorized in these Terms of Service. For purposes of these Terms of Service, the “GetBravo Services Platform” means the hosted platform comprised of GetBravo’s proprietary software, as well as, any documentation furnished to You hereunder, as more fully described at www.getBravo.com, and any updates, enhancements, modifications, revisions, or additions to the GetBravo Services Platform made by GetBravo and made available to You by GetBravo Services. Notwithstanding the foregoing, GetBravo Services shall be under no obligation to provide any updates, enhancements, modifications, revisions or additions to the GetBravo Services Platform.1.2 Account Terms.
You must be 18 years or older to use the GetBravo Services; you must be a human – accounts registered by “bots” or other automated methods are not permitted; you must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process. You are responsible for maintaining the security of your account and password. GetBravo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account. You may not use the GetBravo Services for any illegal or unauthorized purpose. You must not, in the use of the GetBravo Services, violate any laws in your jurisdiction (including, but not limited to copyright laws).1.3 Scope of Use.
For purposes of these Terms of Service, “use” of the GetBravo Services Platform means uploading a video recording (“Video Content”) through use of GetBravo Platform’s online web portal (“Video Portal”).1.4 Copies and Modifications.
You may not reverse engineer, decompile, disassemble, or otherwise translate the GetBravo Services Platform. You may not modify or adapt the GetBravo Services Platform in any way. No copies of the GetBravo Services Platform, or any portions thereof, may be made by You or any person under Your authority or control.1.5 Assignment of Rights.
You will not sublicense, lease, rent, or lend Your rights in the GetBravo Services Platform as granted by these Terms of Service to any third party. Any attempted assignment of Your rights under these Terms of Service will be invalid.
2. Payment, Refunds, Upgrading and Downgrading Terms.
A valid credit card is required for paying accounts. If you initially sign up for a GetBravo account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Cancelling your Service may cause the loss of Content, features, or capacity of your Account. GetBravo does not accept any liability for such loss.
3. Intellectual Property and Confidentiality.3.1 Proprietary Rights.
You acknowledge that the GetBravo Services Platform is proprietary to GetBravo, and the GetBravo Services Platform is protected under copyright laws and international treaties. You further acknowledge and agree that, as between You and GetBravo, GetBravo owns and shall continue to own all right, title, and interest in and to the GetBravo Services Platform, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. These Terms of Service do not grant You any ownership interest in or to the GetBravo Services Platform, but only a limited right of use that is revocable in accordance with these Terms of Service.3.2 Trademarks.
Any and all trademarks or service marks that GetBravo uses in connection with the GetBravo Services Platform or with services rendered by GetBravo are marks owned by GetBravo. These Terms of Service do not grant You any right, license, or interest in such marks, and You shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. You agree that You will not remove the trademark “Powered by GetBravo, or any other logo, trademark, service mark or other indicator of origin, from the GetBravo Services Platform or GetBravo Platform’s Video Portal. GetBravo is a trademark of SGA Capital, LLC.3.3 Joint Ownership of Video Content.
You acknowledge and agree that You and GetBravo shall jointly own all right, title and interest (including all intellectual property rights) in and to the Video Content (as defined below), uploaded through the GetBravo Services Platform, and that You and GetBravo shall have right to use, reproduce, distribute, publicly perform, publicly display, modify and create derivative works of and otherwise exploit the Video Content during and after the term of this Agreement.3.4 Confidentiality.
You shall permit only authorized users, who possess rightfully obtained licenses, to use the GetBravo Services Platform. Except as expressly authorized by these Terms of Service, You shall not make available the GetBravo Services Platform to any third party. You will use Your best efforts to cooperate with and assist GetBravo in identifying and preventing any unauthorized use, copying, or disclosure of the GetBravo Services Platform or any portion thereof.
4. Availability; License Fee.
The GetBravo Services Platform will be available to You for use upon Your acceptance of these Terms of Service and agreement to pay the required license fees. You agree to pay to GetBravo the required monthly license fees for use of the GetBravo Services Platform.4.1
GetBravo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the GetBravo Services (or any part thereof) with or without notice. Prices of all GetBravo Services, including, but not limited to, monthly subscription plan fees to the GetBravo Services, are subject to change upon 30 days notice from GetBravo. Such notice may be provided at any time by posting the changes to the GetBravo Site (www.getBravo.com) or to the GetBravo Services itself. GetBravo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the GetBravo Services.4.2
Your use of the GetBravo Services is at your sole risk. The GetBravo Services are provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email. You understand that GetBravo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the GetBravo Services. You must not modify, adapt or hack the GetBravo Services or modify another website so as to falsely imply that it is associated with GetBravo Services, or any other GetBravo service(s). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the GetBravo Services, use of the GetBravo Services, or access to the GetBravo Services without the express written permission of GetBravo. GetBravo may, but shall have no obligation to, remove Content and accounts containing Content that GetBravo determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GetBravo customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the GetBravo Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
which may be updated by GetBravo Services from time to time at its sole discretion. You agree that GetBravo Services shall have the right to contact Your customers for the purpose of obtaining feedback and offering Your customers additional video recording opportunities.
6. Term and Termination.
These Terms of Service are effective upon Your acceptance, or upon Your downloading or otherwise installing, accessing, and using the GetBravo Services Platform, even if You have not expressly accepted these Terms of Service. These Terms of Service shall continue in effect until terminated. You may terminate these Terms of Service at any time by providing written notice of Your decision to terminate the service to GetBravo Services. GetBravo Services may terminate these Terms of Service if You breach any term of these Terms of Service by giving You written notice of Your breach and the decision to terminate the Terms of Service. Moreover, You are solely responsible for properly canceling your account. An email or phone request to cancel your account is sufficient cancellation. All of your Content will be immediately deleted from the GetBravo Services upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the GetBravo Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. GetBravo Services, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the GetBravo Services, or any other GetBravo service(s), for any reason at any time. Such termination of the GetBravo Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. GetBravo reserves the right to refuse service to anyone for any reason at any time.
You will, at your own expense, indemnify and hold GetBravo Services, and its subsidiaries and affiliates, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the GetBravo Services Platform by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by these Terms of Service.
8. Limited Warranty.
GetBravo Services warrants, for your benefit along, that the GetBravo Services Platform shall operate substantially in accordance with the advertised features, provided that neither You nor any other party has altered or modified the GetBravo Services Platform and further provided that any non-conformity of the GetBravo Services Platform is not caused by use of the GetBravo Services Platform together with products or services provided by any other party. If the GetBravo Services Platform fails to operate as advertised, You may contact GetBravo Services to request service on the GetBravo Services Platform, and GetBravo Services will endeavor to bring the GetBravo Services Platform to operable condition within a reasonable period of time. You acknowledge that this right to request and receive service shall be your sole and exclusive remedy for breach of any warranties made under these Terms of Service. THE WARRANTY EXPRESSED IN THIS SECTION IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY GETBRAVO. EXCEPT FOR THIS LIMITED WARRANTY, THE GETBRAVO SERVICES PLATFORM AND DOCUMENTATION ARE LICENSED “AS IS,” AND GETBRAVO DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, GETBRAVO EXPRESSLY DOES NOT WARRANT THAT THE GETBRAVO SERVICES PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE GETBRAVO SERVICES PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE GETBRAVO SERVICES PLATFORM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE GETBRAVO SERVICES PLATFORM. EXCEPT FOR THIS LIMITED WARRANTY EXPRESSED IN THIS SECTION, YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE GETBRAVO SERVICES PLATFORM.
9. Limitation of Liability.
GETBRAVO SERVICES’ CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE SERVICE FEES PAID TO GETBRAVO BY YOU IN THE TWO MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IN NO EVENT SHALL GETBRAVO BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF GETBRAVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent that your jurisdiction does not allow the limitation or exclusion of liability for incidental or consequential damages, this exclusion may not apply to you.
10. General Terms.10.1
This Agreement is accepted upon your use of the GetBravo Website or any of the GetBravo Services and is further affirmed by you becoming a Participant. Your agreement with GetBravo will always include this Agreement at a minimum. Your access and use of certain GetBravo Services may require you to accept additional terms and conditions applicable to such certain GetBravo Services, in addition to this Agreement, and may require you to download software or other content. The failure of GetBravo to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and GetBravo. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Kane or Cook County in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the GetBravo Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by GetBravo to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be 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. GetBravo may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without GetBravo’s express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and GetBravo relating to the subject matter herein and may not be modified by you. These Terms of Service will inure to the benefit of GetBravo’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, if any. In the event that litigation is necessary to enforce the terms of this Agreement, the Prevailing Party shall be entitled to recover reasonable attorneys’ fees and its out-of-pocket costs and expenses in enforcing the terms of this Agreement. You hereby acknowledge that You have reviewed with Your legal advisor, copies of this Terms of Service Agreement and ancillary documents, and consent to and approve all of the foregoing documents and instruments for purposes of this Agreement and of Your rights and obligations thereunder.10.2 Survival.
Articles 3, 7, 8 and 9 of these Terms of Service, and all Sections thereof, shall survive the termination of these Terms of Service, regardless of the cause for termination, and shall remain valid and binding indefinitely.10.3 Taxes.
You shall, in addition to the license fees required under these Terms of Service, pay all applicable sales, use, transfer, or other taxes and all duties, whether international, national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under these Terms of Service, excluding income taxes on the net profits of GetBravo Services. You shall reimburse GetBravo Services for the amount of any such taxes or duties paid or incurred directly by GetBravo Services as a result of this transaction.10.4 Binding Effect of Electronic Agreement.
You will submit these Terms of Service electronically and agree the electronic version of these Terms of Service shall have the same legally binding effect as an original paper version would have. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.