Hiring Events Terms of Use

Updated January 13, 2025 19:45

Last modified July 2024

PLEASE READ THESE TERMS OF USE CAREFULLY

The Hiring Events Terms of Use (“Terms of Use”) apply to www.brazenconnect.com and any website, in-person event or application where we display, or otherwise reference, these terms (each a “Site”). Brazen Technologies, Inc. and its parent, TMP Worldwide Advertising & Communications, LLC dba Radancy (together, “Radancy”; “we” “us”) operate each Site to provide information about Radancy and access to hiring events, whether virtual or in-person, and other platforms on behalf of Radancy customers.

By accessing and using a Site, you agree to these Terms of Use and to the Hiring Events Privacy Policy. If you disagree with any of these Terms of Use, you should not access or use the Site. You further represent and warrant that you are of legal age to enter into these Terms of Service, or if not, that you have obtained the express legal consent of your parent or legal guardian to enter into these Terms of Use and such parent/legal guardian also agrees to be bound by these Terms of Use and be responsible for your activities on this Site. In any case, you must be at least 13 years old to use the Site. If you are accepting these Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms of Use.

For our hiring events customers, these Terms of Use are subject to and shall not supersede terms detailed in and governed by our Master Services and Subscription Agreement or any other applicable agreement between Radancy and its hiring events customers related to access to Radancy’ s services (“Service Agreement”). To the extent of conflict between these Terms of Use and the Service Agreement entered into by our customers, the Service Agreement shall take precedence for those customers.

We may revise these Terms of Use, including the addition or removal of terms, at any time and such revisions will be effective immediately upon posting. The changes will not be retroactive. In the event of a material change to the Terms of Use, we will try to notify you via email if we have a registered email address for you. Your use of a Site following any such revision shall be deemed to constitute your acceptance of such revisions. The last date of modification is identified above. Check the Terms of Use frequently, so you are aware of any changes.

Creation of User Account.

You may be provided the opportunity to create a user account to participate in hiring events (virtually or in-person) or to communicate in online forums or with the Site generally. Radancy will use the information you provide in accordance with Radancy’s Hiring Events Privacy Policy. You understand that by using the Site you consent to the collection, use and disclosure of your information as set forth in our Hiring Events Privacy Policy. By creating a user account, you further represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Sites so that it remains current, complete and accurate.

You are responsible for keeping your passwords and access credentials associated with the Site confidential. You agree not to sell or transfer your passwords or access credentials to any other person or entity. You must notify Radancy immediately of any breach of security or unauthorized use of your account. Radancy will not be liable for any losses caused by any unauthorized use of your user account.

By creating a user account, you agree that Radancy can use the information you provided as part of your account creation to notify you of upcoming events for which you have registered and changes made to your account.

Intellectual Property Rights.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Radancy, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Sites contain copyrighted material, trademarks, and other proprietary information. The Radancy name, the terms Radancy, Brazen, Brazen Technologies, and all related names, logos, product and service names, designs and slogans are trademarks of Radancy or its affiliates or licensors. You must not use such marks without the prior written permission of Brazen. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites, unless you have the express permission of Radancy or it is otherwise expressly permitted under copyright law. You are further prohibited from copying, creating a derivative work from, reverse engineering or reverse assembling the Sites, attempting to discover any source code, or allowing any third party to do so, or using site content/information for machine learning purposes, or bots or other scraping tools.

Under permittable uses of copyrightable materials, you acknowledge that you do not acquire any ownership rights by downloading such copyrightable material. You further acknowledge that you will not make any changes in or deletion of author attribution, trademark legend, or copyright notice.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Radancy.

If you believe that any User Contributions, as defined below, violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. Radancy reserves the right to suspend or terminate access to the Site for users or customers who violate others’ intellectual property rights.

User Contributions and Comments.

You are solely responsible for your conduct and the content that you submit, post, upload or share on the Sites (“User Contributions”), including through the use of audio, video and text-based chat features, automated texting, virtually through participation at in-person events that you may attend, other interactive features (collectively, “Interactive Spaces”) . User Contributions include comments (“Comments”) posted utilizing third-party provider, Disqus. By using the Comments features, you acknowledge that Disqus is being used for Comments, and you agree to be subject to, and accept Disqus Terms of Service, available to review here: https://help.disqus.com/en/articles/1717102-terms-of-service.

Any User Contributions you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contributions on the Sites, you grant Radancy and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use, including but not limited to the below User Contribution Standards.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Radancy, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

RADANCY is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

User Contribution Standards.

The below standards apply to any and all User Contributions (“User Contribution Standards”). User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Hiring Events Privacy Policy.
Lead to any spam or scam links.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

In addition, in all of your engagement and communication through the Radancy platform, you must comply with the following engagement and communication guidelines:

Do not engage, or encourage others to engage in any targeted abuse or harassment against any other users, including but not limited to:
- Unsolicited sexual content
- Stalking
- Threats of physical or sexual violence
- Intimidation
- Any interaction that may make a Radancy user feel harassed.
Do not be hateful in any way. We do not allow content that incites, shows, or otherwise displays any discrimination towards individuals, organizations, or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, or disability status.
We do not allow hate groups and they are not permitted on Radancy. Do not use racial, religious, or other slurs that incite or promote hatred, or any other content intended to create division.
Do not share false or misleading information.
Do not share content in a way that you know is, or think may be, misleading or inaccurate, including misinformation or disinformation.
Do not share content to interfere with or improperly influence an election or another civic process. We may prevent you from posting content from sites that are known to produce or contain misinformation.
Do not post “deepfake” media of others or otherwise post content that has been manipulated to deceive.
Do not share content or endorse someone or something in exchange for personal benefit (including personal or family relationships, monetary payment, free products or services, or other value), unless you have included a clear and conspicuous notice of the personal benefit you receive.
Do not engage in spam or scams. We do not allow untargeted, irrelevant, obviously unwanted, unauthorized, inappropriately commercial or promotional, or gratuitously repetitive messages or other similar content.

We reserve the right to refuse access to the Sites to anyone for any reason at any time. We may, but have no obligation to, remove User Contributions and accounts containing User Contributions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates anyone’s intellectual property or these Terms of Use. However, we cannot review all material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. RADANCY DOES NOT WARRANT TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE USER CONTRIBUTIONS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON USER CONTRIBUTIONS BY YOU OR ANY OTHER VISITOR TO THE SITES, OR BY ANYONE WHO MAY BE INFORMED BY ANY OF ITS CONTENTS.

Additional Restrictions on Use of the Sites.

By accessing a Site, you agree not to: (a) transmit or communicate any data or perform any activity, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent Radancy’s affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (e) transmit, access or communicate any data that Radancy does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (f) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) transmit or communicate any data 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; (h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (i) interfere with or disrupt the Sites; (j) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Sites, and any export or re-export laws, rules and regulations; (k) collect any information or communication about users of the Sites by monitoring, interdicting or intercepting any process of or communication initiated by the Sites or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing; (l) “stalk” or otherwise harass another; (m) modify, delete or damage any information contained on the personal computer of any other user; (n) collect or store personal data or other information about other users; (o) knowingly or intentionally make available “spoofed” files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file; (p) except as expressly specified in the applicable Sites, utilize the Sites for the benefit of any third party or charge any person for the use or distribution of the Sites; (q) take any steps to interfere with or in any manner compromise any of security measures with respect to the Sites or any data or file transmitted, processed or stored on or through the Sites; (r) perform any activity which will or may breach the rights of any third party; or (s) copy, create a derivative work from, reverse engineer or reverse assemble the Sites, attempt to discover any source code, or allow any third party to do so, or use site content/information for machine learning purposes, or bots or other scraping tools.

Third Party Content.

The Sites may include content provided by third parties, including materials provided by customers, other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. The Sites may also include content that links to third party websites. All statements and/or opinions expressed in these materials, including those accessed via third party websites, and all articles and responses to questions and other content, other than the content provided by Radancy, are solely the opinions and the responsibility of the person or entity providing those materials or links. These materials do not necessarily reflect the opinion of Radancy. RADANCY IS NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES, OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THESE THIRD PARTY SITES. MOREOVER, ANY DEALINGS THAT YOU HAVE WITH THIRD PARTY SITES LINKED THROUGH RADANCY’S SITES ARE BETWEEN YOU AND THE THIRD PARTY SITE AND YOU ACKNOWLEDGE AND AGREE THAT RADANCY IS NOT LIABILITY FOR ANY LOSS OR CLAIM YOU MAY HAVE AGAINST A THIRD PARTY SITE.

Monitoring and Enforcement; Termination.

Radancy retains the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the User Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for the Radancy.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

Disclaimer of Warranties and Limitation of Liability.

We provide the sites on an “as is” basis, “with all faults” and “as available” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND USE OF THE SITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. RADANCY DOES NOT WARRANT OR REPRESENT AND DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY FOR: (i) THE COMPLETENESS, ACCURACY, RELIABILITY OR CORRECTNESS OF THE SITES OR ANY USER CONTRIBUTIONS; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR CONTENT; (III) THE DELETION OF OR FAILURE TO STORE OR TRANSMIT ANY USER CONTRIBUTIONS OR OTHER CONTENT STORED BY THE SITES; (IV) THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, SECURE OR ERROR FREE. ANY CONTENT DOWNLOADED FROM THE SITES IS DONE SO AT YOUR OWN ROSK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWLOAD OR YOUR USE OF THE SITES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RADANCY BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES OR OTHER TYPE OF DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SITES, AND OTHER THIRD PARTY ITEMS AND/OR THESE TERMS OF USE, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS OF USE, RADANCY IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF RADANCY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS ($100).

Indemnification.

You agree to defend, indemnify and hold harmless Radancy from any and all claims brought against Radancy, its subsidiaries, agents, licensors, managers and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, costs, losses, damage, debt, expenses (including but not limited to attorneys’ fees), or liability related to your use of the Sites or actions taken through the Sites, your User Contributions or any other data or content transmitted or received by you, or your violation of applicable law, third party proprietary rights or these Terms of Use.

Miscellaneous.

Waiver. No waiver by Radancy of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Radancy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment. You may not assign or transfer any rights or obligations hereunder. Subject to this limitation, these Terms of Use shall inure to the benefit of and be binding upon you and your successors and assigns.

Choice of Law. You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You agree to waive claims that you might otherwise have against us based on the laws of other jurisdictions, including your own. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Commonwealth of Virginia or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the software industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.