Last revised on April 15, 2013
Accounts; Registration Data; Account Security
In connection with registering for, using or participating in the Service, you agree to (i) provide accurate, current and complete information about yourself and your credentials as requested by the Company ("Registration and Credentials Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration and Credentials Data and any other information you provide to the Company, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
Venue Only; Dealings with Other Users
You acknowledge that the Service is a tool that enables individuals who install the Application (“Users”) to (i) aggregate their professional credentials in a single location; (ii) create “Usher Badges” by having such credentials verified by those institutions or organizations that issued such credentials and that have agreed to be a part of the Service (“Participating Organizations”); (iii) allow other Users to access, view and confirm such credentials, including by scanning the QR code associated with the User’s account or inputting the characters of the “Usher Code” provided by such User’s account into the Application; (iv) authenticate documents by using their Usher Badges and (v) use the Usher Keys function to open doors or otherwise securely access locations or items associated with an Usher Badge. Your communications and interactions with any Users or other third parties (collectively, “Third Parties”) involving the Service, including without limitation communications and interactions taking place through the Service and the sharing of data, including your credentials, from the Service, are solely between you and such Third Parties, and you are solely responsible for such communications and interactions. You should make whatever investigation you feel necessary or appropriate before sharing your credentials, your Usher Keys or any documents you have uploaded to the Service with, or proceeding with any online or offline communications with, Third Parties. You acknowledge that the Company is not involved in any actual communications between Users and Third Parties. Instead, the Company provides the Service to allow Users to communicate their credentialing information, authenticate documents and provide Usher Keys directly to Third Parties. The Company may, but has no obligation to, monitor disputes between you and any Third Parties relating to the Service. The Company is not responsible or liable in any manner for any loss, harm or damage arising out of your disclosure of your credentialing information or documents you upload to the Service to Third Parties, your sharing of Usher Keys with Third Parties or your communications and interactions with any Third Parties and you hereby release the Company from any and all claims, causes of actions, obligations or liabilities arising from or relating to such disclosure, communications and interactions.
Proprietary Rights in Service Content; Limited License
User Content Posted on the Site
You acknowledge that the Company is not responsible for any User Content and does not verify the accuracy or authenticity of any User Content (including credentialing information). The Company makes no representations or warranties with respect to any User Content. By using the Service, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the Service are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner’s prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the Service and the Service Content. This Service and the Service Content are protected as a compilation under the copyright laws of the United States and other countries.
The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Service, including material you provide to us, and so we have an absolute right to remove any material from the Service in our sole discretion at any time.
- upload, post, transmit, distribute or otherwise make available:
- any content that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable;
- any content that promotes any illegal services or the sale of any items prohibited or restricted by applicable law;
- any sexually explicit material;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
- any private information of any third party, including, Social Security numbers and credit card numbers;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- any content that would constitute, encourage or provide instructions for a criminal offense;
- use automated scripts to collect information from or otherwise interact with the Service;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
- intimidate or harass another;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service;
- use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews;
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose the Company or its users to any harm or liability of any type;
- remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Service;
- modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Service or any content contained therein;
- use the Service in any manner that could damage, disable, overburden, or impair the Service, the Company, or any other person or entity;
- create or transmit unwanted electronic communications to other users of the Service or otherwise interfere with such users’ enjoyment of the Service;
- provide false, inaccurate or misleading credentialing information or provide the Service with usernames and/or passwords for accounts with a Participating Organization that are not associated with your account with such Participating Organization;
- use the Service to further or promote any illegal activity or enterprise, including fraud, trafficking in obscene material, pornography, drug dealing, gambling, harassment, stalking, spamming, or distributing viruses or other harmful files; or
Additional Representations and Warranties
- the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate; and
- you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties.
Third Party Websites and Content
Mobile Software License
You may not derive or attempt to derive the source code of all or any portion of the Application, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Application or any part thereof.
The Company and its licensors own and shall retain all intellectual property rights and other rights in and to the Service, and any changes, modifications or corrections thereto. If you disclose or have disclosed to us or our affiliates any suggestions, ideas or feedback related to the Service or the Company’s or its affiliates’ products or services used (or that could be used) in connection with the Service (“Supporting Technologies”), or develop or have developed any inventions, methods, processes or other technology for use in connection with the Service or Supporting Technologies, you grant us a royalty-free, non-exclusive, irrevocable, sublicensable license to exercise any intellectual property rights related to such items in connection with the Service or Supporting Technologies.
Digital Millennium Copyright Act Notice
We are committed to complying with U.S. copyright and related laws, and we require all Users to comply with these laws. Accordingly, you may not disseminate any material or content in connection with the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Service if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:
1850 Towers Crescent Plaza Vienna, Virginia 22182
Attention: General Counsel
If you believe that content that you or a third party owns has been used via the Application in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including the accuracy or completeness of any User information (including credentialing information) or information provided by Participating Organizations. Facebook has not provided and is not responsible for any of the content provided on the Service, including advertisements, User Content or Third Party Content. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute on or through the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on or through the Service or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will the Company be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of products or services provided by Users.
THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND THE COMPANY AND ITS SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
The Company may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
You may terminate your account at any time by terminating your Facebook account or providing the Company with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by the Company at any time after your termination of your account.
Governing Law; Jurisdiction