Terms of Use - 2014-09-15

About Us

  1. www.bravenew.com ("the Site") is operated by Brave New Talent Limited and its group companies ("we", "us", "our").
  2. We are registered in England and Wales under company number 06623962 and have our registered office at Orrick London, 107 Cheapside, London, EC2V 6DN, United Kingdom.
  3. The Site is hosted in the USA.

Terms of Site Use

This page (together the documents referred to on it) tells you the terms of use on which you may make use of the Site (including its constituent pages) and its “Services” (meaning all features, content or applications offered or made available through the Site).

  1. These terms of use apply whether you are a:
    • "Visitor" (meaning individuals, including representatives of businesses and legal entities, who visit the Site but have not created a login ID with the Site)
    • "User" (meaning individuals who have registered with the Site)
    • "Organisation" (meaning a business or other legal entity who have registered an employer profile on the Site);
  2. The expression "Member" therefore refers to Users and Organisations. Reference to “You/you” refers to Members (and Visitors where applicable).
  3. If you are an Organisation or an advertiser, you may have a separate contract with us (for example there are separate terms and conditions for enterprise clients), but you are nevertheless individually bound by these terms of use.
  4. Please read these terms of use carefully before you start to access or use the Site or make use of the Services as they contain important information about your legal rights, remedies and obligations.
  5. By accessing and/or using the Site, you indicate that you fully accept these terms of use and that you agree to abide by them. You are only authorized to use the Site and the services we offer through the Site if you agree to these terms of use and all applicable laws and regulations. If accessing and/or using the Site on behalf of an Organisation, you confirm you have authority to do so by using the Site.
  6. When using the Site, you must comply with the provisions of our Acceptable Use Policy and our Privacy Policy, both of which form part of these terms of use.
  7. If you wish to become a Member and make use of those Services available only to Members, you must read this terms of use and indicate your acceptance during the log-in / Registration process.
  8. Other terms may apply to the provision of Services or supply or products and services that we provide via the Site or other means and Members should check to see what specific terms and conditions apply.
  9. These terms of use shall remain in full force and effect while Members and Visitors use the Site or Services; Members may terminate their registration and remove their information at any time, for any reason.
  10. We may terminate your registration on the Site at any time if you are in breach of these terms of use or are not complying with the applicable terms and conditions of business, the Acceptable Use Policy or Privacy Policy or for other justifiable reason to protect other Members or our business.
  11. If you do not agree to these terms of use, please refrain from accessing or using the Site or making use of any Service.

Accessing the Site and Modifications

  1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend any Service (including any feature or link to or from another website or mobile application) we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
  2. We reserve the right to restrict access to some parts of the Site, or entire Site, to Members or separately for Users and Organisations.
  3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
  4. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
  5. Users access and use the Site at your own risk.
  6. To the extent permitted by law, we are not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Site.
  7. The Site is accessed via the World Wide Web which is independent of our business. Using the Web is at your own risk and subject to all applicable national and international laws and regulations.
  8. We reserve the right to modify, supplement, move or delete portions of or add to the Site at any time with or without notice. We agree to use our reasonable endeavors to maintain the Site in a fully operational state, error free. As we cannot guarantee that this will always be the case we do not accept any liability for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential loss or damage arising from a Members' use of, or inability to access the Site.
  9. Due to the number of sources from which we obtain content and the nature of electronic distribution via the World Wide Web, we do not give any warranties in respect of the Site. All implied warranties are excluded from these conditions to the extent that they may be excluded by law.

Uploading Material to the Site

  1. The Site gives Members the opportunity to follow, tag, share and comment on topics of interest (“Topics”), Organisations and Users.
  2. Organisations can nominate and verify individuals to be “Mentors”. The role of Mentors is explained on the Site. Mentors have to be registered Users on the Site.
  3. For Organisations, you will be asked to nominate and verify individuals to take on certain role relating to the Organisations’ interaction on the Site. These roles are: Administrators, Content Manager and Recruiter. We may issue terms and guidance on how to perform these roles on the Site. The relevant Organisation remains primarily responsible for all activities and interaction of their Administrator, Content Manager and Recruiter nominees on the Site and in their use of the Services.
  4. We may populate an Organisations’ profile on the Site with publicly available information about it. Upon an Organisation subscribing to the Site and Services, it becomes responsible for the content on its profile on the Site.
  5. You represent and warrant that:
  6. You own (or have permission to use) all contribution in content or material (for example questions posed, comments, suggestions, ideas, feedback, postings or other information) in any form ("Contributions") on or through the Site; and
  7. the posting of your Contributions does not violate the privacy rights, publicity rights, intellectual property rights or any other rights of any person.
  8. Whenever you make use of a feature or Service that allows you to upload Contributions, or to make contact with other Users, you must comply with the Content Standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
  9. Any Contributions you upload to the Site which is available to be viewed by Users or Organisations who are following you or your Topics (or vice versa) or who you have connected will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose without acknowledgement or financial compensation to you. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
  10. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other Member.
  11. We have the right to remove any Contribution you make on the Site if, in our opinion, such material does not comply with the Content Standards set out in our Acceptable Use Policy.

Members’ Posting Content and Using Content Posted on the Site

  1. As a Member, you grant us a license to Contributions and all other text, files, images, photos, videos and other content and other materials you display, publish or post to the Site, including content posted into the content stream. You will continue to own such all such content and you continue to have the right to use the content as you wish.
  2. In the event that we provide communities (open, closed and sub-communities) on the Site for Members we are not responsible for the interaction and Contributions that take place within the communities (but we will respond appropriately to legitimate complaints and concerns). It is the joint and several responsibility of the appointed Administrator and Content Manager on behalf of the Organisation to manage its close community activities on the Site so as to sure all activities and content are in accordance with these Terms and our Content Standards and Acceptable Use Policy.
  3. You grant to us and you represent and warrant that you have the right to grant us, an irrevocable, perpetual, non exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, modify, publicly perform, publicly display, reproduce, reformat, translate, excerpt (in whole or in part) and distribute Contributions and other content for any purpose, commercial, advertising or otherwise, on or in connection with the Site or the Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sub-licenses of the foregoing.
  4. Our use of your Contributions and content extends to all forms of electronic and digital media, including streaming, email, SMS, MMS, RSS feed, twitter fee or similar.
  5. If you elect to remove your Contributions, you acknowledge that removal of Contributions is not instantaneous and further that we will retain archived copies of your Contributions and will, if required by law, disclose any such Contributions to relevant authorities. We are also not responsible for removing the social media and Google footprint you may have as we are not responsible for third party social media companies or Google and other internet search engines.
  6. You authorize us to modify your Contributions in order to conform to the interface or display requirements of the Site or Services or of other communications media as set forth above, and/or to render them compatible with our technical performance or media format in question.
  7. Users may elect for some or all of their profile to be ‘private’ as regards other Members seeing their information. We cannot guarantee however that this mean that the User will not have some social media or Google footprint continuing to exist which is associated with the Site. A private profile will mean that the User will not have access to all the features and benefits of the Site or Services.

Eligibility to Use the Website

  1. By using the Site or Services, you represent and warrant that:
    • All registration information you submit is truthful, accurate and up to date;
    • You will maintain the accuracy of such information;
    • You are 17 years of age or older; and
    • Your use of the Site does not violate any applicable law or regulation.
  2. Members should be aware that we may block or delete your profile and/or cancel your registration if we believe that any information is incorrect or inaccurate or if we have received a complaint about your use of the Site. More detail can be found in the Acceptable Use Policy.

Our Site Changes Regularly

  1. We aim to update the Site regularly, and may change the content or Services at any time.
  2. If the need arises, we may suspend access to the Site, or close it indefinitely.
  3. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to our Site

  1. We process information about you in accordance with our Privacy Policy.
  2. By using the Site or Services, you consent to such processing and you warrant that all data provided by you is accurate.
  3. For Organisations who have signed up to our enterprise service and paid the appropriate fee, we make available analytics of their Organisations activities on the Site, including anonymous statistical information on Users followings, trending topics and so on.
  4. By Members’ use of the Site, they provide us with permission to provide such analytics and statistical information to enterprise subscribing Organisation.

Intellectual Property Rights (IPR)

  1. We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. As a highly innovative technology company, we invest significant amounts of engineering and financial resources in developing our technology and we believe in aggressively procuring, exploiting and, where necessary, enforcing our IPR.
  3. Our technology has significant market and technical advantages which are protected by our IPR and we are committed to preserving and enhancing its competitive position through its strategic IPR portfolio management, including taking offensive and/or defensive legal action, as necessary.; We reserve the right to take such actions and/or assert its intellectual property rights as it sees fit without prior notice.
  4. 'Brave New' is a UK registered trademark which has been licensed to us exclusively for use in connection with the Site and the Services. The domain name www.bravenewtalent.com is owned by us.; All Brave New Talent, BNT and any other company, product or service names referred to on Site or in our marketing or PR materials are protected by copyright and by the trade mark rights of our licensor. In addition, BRAVENEWTALENT.COM, TALENT RADAR, TALENT MAGNET, TALENT MAP, THE TALENT COMPANY, and all our graphics, logos, get up, trading style, branding, designs, page headers, button icons, scripts and service names are either our intellectual property or that of our licensors. No use of any such intellectual property is permitted other than as expressly permitted by the remainder of this clause 10.
  5. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organization to material posted on the Site.
  6. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  7. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
  8. Unless permitted by these terms of use or our Acceptable Use Policy, you must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors.
  9. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  10. Unauthorized use of any of our IPR or the IPR of our licensors or business partners damages not only ourselves and our partners but the industry as a whole. We will not tolerate unauthorized infringements of IPR and will pursue infringers to obtain resolution and if necessary formal remedies and relief to the fullest extent possible, including injunctions, damages (and exemplary or enhanced damages if applicable) or an account of the infringers profits, and enforcement costs.
  11. Under certain circumstances, we may be willing to enter into licensing arrangements to allow third parties to use our IPR.; We only grants licenses in writing and each license is subject to formally agreed terms and conditions.; For further information, please contact Lucian Tarnowski, CEO.
  12. In certain circumstances, our processes may involve the use of third party IPR. It is our policy to respect third party IPR and not to knowingly infringe any such IPR.; We believe we have taken appropriate steps to minimize the risk of infringing third party IPR.; If a third party is aware of any of their IPR being used in an unauthorized manner in connection with our business, they are requested to contact Lucian Tarnowski, CEO, who will investigate the situation and we reserve the right to unilaterally suspend relevant activities, if necessary.

Reliance on Material Posted on the Site

  1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
  2. We do not represent or guarantee the truthfulness, accuracy or reliability of communications posted by Members or endorse any opinions expressed by Members. In using the Site you acknowledge that any reliance on material posted by other Members will be at your own risk. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Site. We do require all Members to act in accordance with the Acceptable Use Policy when using the Site. We have no obligation to screen communications or information in advance and we are not responsible for screening or monitoring material posted by users. If notified by a Member of communications which allegedly do not conform to these terms of use or the Acceptable Use Policy, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to Members for performance or non-performance of such activities. We reserve the right to terminate Members and prevent their further access to the Site for violating these terms of use, the Acceptable Use Policy or the law and the right to remove communications which are abusive, illegal or disruptive. We may take any action with respect to Member submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.
  3. The Site is a venue for Users to follow and connect with Organisations and other Users (including Mentors) and to follow and contribute to topics, The Site facilitates engagement and communication through use of social media, allowing Organisations to engage with Users, to post job opportunities and participate in discussions.; For Users the Site is a venue to research potential employers and to participate in dialogue with other Users and Organisation of choice in order to develop career opportunities.; We are not involved in the actual transaction between employers, educators/universities or recruitment agencies and candidates.; We are not a recruitment agency.
  4. We have no control over the quality, safety or legality of the jobs, courses, information, education programs or professional profiles, the truth or accuracy of the listings, the ability of Organisations or recruitment agencies to offer job opportunities to Users, the ability of educators/universities to offer the courses or education programs to Users or the ability of Users to fill Organisation job openings or attend courses or education programs. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom you come in contact through the Site.
  5. We shall not be responsible for any employment or educative decisions, for whatever reason made, made by any entity posting jobs or courses on the Site.

User Disputes

  1. You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
  2. We cannot and do not confirm that each User is who they claim to be. As we do not and cannot be involved in Member dealings or control the behavior of participants on the Site.
  3. In the event that you have a dispute with one or more other Members, you release us (and our directors, officers, agents, contractors and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Our Liability - Important Notice

  1. THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY.
  2. WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
  3. THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
  4. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US EXPRESSLY EXCLUDE:
  5. DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, WHICH MIGHT BE IMPLOITED BY STATUE, COMMON LAW OR THE LAW OF EQUITY, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR THE SITE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF.; WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SITE, SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
  6. ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SITE OR ITS CONTENT OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:
  7. LOSS OF INCOME OR REVENUE;
  8. LOSS OF BUSINESS;
  9. LOSS OF PROFITS OR CONTRACTS;
  10. LOSS OF ANTICIPATED SAVINGS;
  11. LOSS OF DATA;
  12. LOSS OF GOODWILL;
  13. WASTED MANAGEMENT OR OFFICE TIME; AND
  14. FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.
  15. The exclusion of liability set out above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Viruses, Hacking and Other Mischief

  1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
  2. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
  4. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  5. You must not establish a link from any website that is not owned by you.
  6. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
  7. If you wish to make any use of material on our site other than that set out above, please contact us in writing or by email.

Links to Other Sites

  1. The Site contains links to third party web sites, web applications, resources and mobile applications.
  2. These links are provided solely as a convenience to Members and not as an endorsement by us of the contents or functionality of such third party web sites or applications.
  3. If you decide to access linked third party websites, you do so entirely at your own risk.; Please note that they will have their own legal terms governing your use of their website and services.

E-mail

  1. We or Organisations who subscribe to the appropriate Service may use an external client email facility from time to time to communicate with Users and other third party’s.
  2. Our use of email will be in line with our privacy policy and anti-spamming legislation.

Variation

  1. We may revise these terms of use at any time by amending this page.
  2. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
  3. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Termination

  1. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your Contributions and/or immediate termination of your registration with or ability to access the Site and/or any Service, upon any breach by you of these terms of use.

Jurisdiction and Applicable Law

  1. The courts of the State of California / Delaware, USA will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or your use of the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
  2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of California/Delaware.