The Service that is subject to the following agreement is provided by Reputation Creators Corp in association with Gadook, LLC, a company registered in the United States. Reputation Creators Corp and Gadook, LLC will be referred to as Reputation Creators Corp for the sake of brevity in this document.
These Terms do not address the use of our Site by users who have not completed the Review Site Agreement. Those standard “Terms of Service” are provided upon sign-up.
(or such other URL as Reputation Creators Corp may provide). Such modifications shall become effective immediately upon the posting thereof. You are responsible for regularly reviewing the website to keep yourself apprised of any changes. Your continued use of the Site will be deemed to be acceptance of any changes to these Terms.
A person or entity can become a customer by completing the customer account set up process through our Review Site Agreement, or by being named as an additional user on the account of a current authorized customer (in either instance, a “Customer”). You must complete the set up process by providing Reputation Creators Corp with complete and accurate information as prompted by the registration form, including your email address and password. You shall protect your password and are solely responsible for any and all use that occurs under your account, including any usage by additional authorized users on your account. You agree to notify Reputation Creators Corp immediately of any unauthorized use of your account or any other breach of security.
Reputation Creators Corp takes no responsibility and assumes no liability for any message, profile, opinion, question, answer, posting, data, information, file, text, link, music, sound, image, video, photo, graphic, code, work of authorship or other material posted, stored, or uploaded or downloaded by a Customer or any third party to your review pages including your customers and those that asked the question (“Content”), or for any loss or damage to or resulting from Content. Content is expressly limited to any
Content derived from your account or posted on your account’s review page, including but not limited to your published reviews and non-published reviews. As a provider of interactive services, Reputation Creators Corp is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity in any Content nor will Reputation Creators Corp be liable for any statements, representations or Content provided by its users in any public forum, personal home page or other interactive area. Although Reputation Creators Corp has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Site, Reputation Creators Corp reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason. You agree that an authorized user of your customer account will review the Content relating to your account and will promptly notify Reputation Creators Corp if any such Content does not meet with your approval.
On our Customers behalf, Reputation Creators Corp has secured a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, delete, edit, create derivative works of and publicly display the Content throughout the world in any media, now known or hereafter devised. In addition, Customers have the right to display the first name associated with the account of the user that submitted such Content.
By posting or distributing Content to or through the Site, you (a) grant Reputation Creators Corp, its affiliates and the entity about which the Content is written a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, delete, edit, create derivative works of and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Reputation Creators Corp, its affiliates and sub-licensees the right to display the name associated with the account of the user that submitted such Content; (c) grant Reputation Creators Corp, its affiliates and sub-licensees the right to reject or refuse to post Content; (d)grant Reputation Creators Corp, its affiliates and sub-licensees the right to contact you or any Content authors via email or telephone; and (e) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant Reputation Creators Corp the right to pursue at law any person or entity that violates your or Reputation Creators Corp’s rights in the Content by a breach of these Terms.
Content submitted by any user will be considered public and non-confidential and Reputation Creators Corp may freely disclose or use such Content without consent or notice. Reputation Creators Corp shall have no obligation to offer or provide you any payment or other consideration for Content that you or any user submits. Reputation Creators Corp shall have no duty to attribute authorship of Content. You specifically agree that Reputation Creators Corp shall not be responsible for unauthorized access to or alteration of any Content.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Reputation Creators Corp or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Reputation Creators Corp, and its licensees, successors and assigns, from any claims that you could otherwise assert against Reputation Creators Corp by virtue of any such moral rights.
Except for the limited license granted below, Reputation Creators Corp expressly reserves all right, title and interest in and to the Site, the Reputation Creators Corp-provided logo and link (together with any fixes, updates and upgrades provided to you, the “Site”), Reputation Creators Corp-related software, code, script or API and all processing, algorithms and other software and technology used by Reputation Creators Corp in the provision of the Site (collectively including the Site, the “Reputation Creators Corp Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the Reputation Creators Corp Technology conceived, reduced to practice or otherwise developed on or on behalf of Reputation Creators Corp, all of which are valuable assets of Reputation Creators Corp, and any copyright, patent, trademark, other intellectual property right or federal or state right, pertaining thereto. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Reputation Creators Corp and all other product or service names or slogans displayed on the Site, the Logo are registered and/or common law trademarks of Reputation Creators Corp and/or its suppliers or licensors, and except as provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of Reputation Creators Corp or the applicable trademark holder. In addition, the look and feel of the Site are the service marks, trademarks and/or trade dress of Reputation Creators Corp and, accept as provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of Reputation Creators Corp. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Reputation Creators Corp.
Subject to these Terms, Reputation Creators Corp hereby grants to you a limited, revocable, non-exclusive, non-transferable license (“License”) to access and use the Site and information available from the Site and the Reputation Creators Corp Technology solely in accordance with these terms and conditions and the applicable policies of Reputation Creators Corp made available on the Reputation Creators Corp Site.
During the term of the License, Reputation Creators Corp hereby grants to you a limited, revocable, non-exclusive, non-transferable license to include the Reputation Creators Corp Site on your browser solely for the purpose of accessing the information available from the Site.
RESTRICTIONS ON USE
You shall not: (a) use, or allow the use of, any Reputation Creators Corp Technology, except pursuant to the limited rights expressly granted in these Terms; (b) use the Reputation Creators Corp Technology other than for its intended purpose or in any manner that is inconsistent with user documentation, if any, made available to you by Reputation Creators Corp; (c) attempt to decompile, reverse engineer, hack into or compromise any aspect of the Reputation Creators Corp Technology, or attempt to access personal data of any other registered users; (d) use any data mining, robots or similar data gathering or extraction methods to collect information or data from the Reputation Creators Corp Technology; (e) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on the Reputation Creators Corp Technology or any materials delivered to you by Reputation Creators Corp; (f) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Reputation Creators Corp Technology; (g) reproduce, distribute, display, modify or otherwise make derivative uses of the Reputation Creators Corp Technology or the Content, or any portion thereof (except for that Content which is owned by you or for which you have been given written permission), except as provided herein; or (h) engage in any prohibited conduct, as detailed below.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You will not use the Reputation Creators Corp Technology in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding the transmission of technical data exported from the United States or the country in which you reside, any laws affecting the transmission or posting of content or affecting the privacy of persons, or any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Except as expressly permitted herein, any use of any portion of the Reputation Creators Corp Technology or Content without the prior written permission of Reputation Creators Corp is strictly prohibited and will terminate the License. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.
You agree that you are responsible for your own conduct and Content while using the Reputation Creators Corp Technology and for any consequences thereof. You agree to use the Reputation Creators Corp Technology only for purposes that are legal, proper and in accordance with these Terms and any applicable policies or guidelines. By way of example, and not as a limitation, you agree not to post, email, or otherwise make available Content: a. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b. that is pornographic or depicts a human being engaged in actual sexual conduct; c. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; d. that impersonates any person or entity, including, but not limited to, a Reputation Creators Corp employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures); e. that includes personal or identifying information, beyond a first name, about another person without that person’s explicit consent; f. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; g. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; h. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; i. or other communication directly (via email or phone) to a Reputation Creators Corp user who has not previously given you their email address and indicated in writing that it is all right to contact them about other services, products or commercial interests; j. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited; k. that contains software viruses or any other computer code, files or programs; l. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site; or m. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site. Additionally, you agree not to: n. contact anyone who has asked not to be contacted; o. “stalk” or otherwise harass anyone; p. attempt to gain unauthorized access to Reputation Creators Corp’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; q. use any form of automated device or computer program that enables the submission of postings on or through the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
The above list is only representative of the conduct not permitted under these Terms and is not exhaustive. Reputation Creators Corp does not screen the behavior of users and is not liable for their actions or violations of these Terms. If you suspect a user is in violation of these Terms, please contact Reputation Creators Corp by clicking on the chat box. Any conduct deemed inappropriate by Reputation Creators Corp may result in suspension or termination of your Reputation Creators Corp account and License.
The Site may contain links to third party websites (“Third Party Sites”) and third party content (“Third Party Content”). You use links to Third Party Sites, and any Third Party Content therein, at your own risk. Reputation Creators Corp does not monitor or have any control over, and makes no claim or representation regarding, Third Party Content or Third Party Sites. Reputation Creators Corp provides these links only as a convenience, and a link to a Third Party Site or Third Party Content does not imply Reputation Creators Corp’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content. Reputation Creators Corp accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Content, Third Party Sites or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Your interactions with other users of the Site or with advertisers, including payment and delivery of goods or services, or other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that Reputation Creators Corp will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of personally identifiable information supplied to such third party by you. If there is a dispute between you and any third party (including another user), Reputation Creators Corp has the right, but not the obligation, to participate in or monitor such dispute.
Upon completion of the member set up process, an amount equal to the then-current Set Up Fee plus the first months Membership Fee (together, the “Fees”) is due and payable. Until your account is terminated, each month, five days before the monthly anniversary of your set up date, the then-current Membership Fee is due and payable. From time to time, Reputation Creators Corp may offer discounts on certain fees.
Unless you have updated the credit card information, the credit card with which you registered for the Site will be charged on the date that any fee becomes due and payable. You are responsible for maintaining and updating the credit card information on file in your account to ensure that your account is not deactivated.
Reputation Creators Corp reserves the right to change its fee schedule for use of the Reputation Creators Corp Technology in the future. As a condition of your continued use of and access to the Site following notice thereof, you agree to pay Reputation Creators Corp pursuant to the then-current fee schedule, and Reputation Creators Corp reserves the right to deactivate your access to the Site for failure to pay any such applicable fee on or prior to the due date. Deactivation of your account does not serve as account termination and your financial obligations to Reputation Creators Corp under these Terms continues to accrue. If your account is deactivated, to reactivate your account a Reactivation Fee equal to the then-current Set Up Fee will be charged to your credit card.
Upon termination or cancellation of your account, unless your account is in the Guarantee Period as defined below, no refund of any pre-paid Membership Fee will be issued. Any refund of fees that is issued by Reputation Creators Corp will be in the form of a check or a credit to the credit card on file and will be at Reputation Creators Corp’s sole discretion.
Prior to the 30-day anniversary of the date you set up your account (the “Guarantee Period”), if you terminate your account, Reputation Creators Corp will refund you any Fees that you have paid less a US $100 Deactivation Fee.
Access to the Site may store a cookie on your computer. In connection with the provision of the Site, Reputation Creators Corp may aggregate data derived from your use of the Site to compile aggregate statistics, metrics and general trend data about the Site for marketing and promotional purposes.
You agree to not use the Site to track or collect personally identifiable information of other users, nor will you associate any data gathered with any personally identifying information from any source as part of your use of the Site.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Reputation Creators Corp’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at firstname.lastname@example.org with “Attn: Copyright Agent” in the subject line.
Please provide our Agent with the following notice (“Notice”): a. A description of the copyrighted work that you claim has been infringed; b. A description of the material on the Site that you claim is infringing, with enough detail so that we may locate it; c. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; d. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; e. Your address, telephone number, and email address; and f. The physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest. Reputation Creators Corp will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA”).
You agree to indemnify, hold harmless and defend Reputation Creators Corp, including its officers, directors, employees, agents or affiliates, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Reputation Creators Corp or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Reputation Creators Corp or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of these Terms, or (b) your use of the Site. In such a case, Reputation Creators Corp will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Reputation Creators Corp reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You hereby release Reputation Creators Corp, its officers, directors, employees, agents and affiliates from any and all claims, demands, losses, damages, rights, and actions of any kind including, without limitation, financial or non-financial loss, damage to your or your company’s reputation, personal injuries, death and property damage, that are either directly or indirectly related to or arise from (a) any interactions with other users or any Reputation Creators Corp Technology, (b) any incorrect or inaccurate Content (including any information in profiles) posted on or through the Site, whether caused by users or by any of the equipment or programming associated with or utilized in the Site, or (c) conduct of any user of the Site.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
THE SITE AND ALL REPUTATION CREATORS CORP TECHNOLOGY ARE PROVIDED “AS IS” AND AS AVAILABLE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY REPUTATION CREATORS CORP EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL REPUTATION CREATORS CORP TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. REPUTATION CREATORS CORP DOES NOT WARRANT THAT (A) THE SITE OR OTHER REPUTATION CREATORS CORP TECHNOLOGY WILL MEET YOUR NEEDS, (B) THE SITE OR OTHER REPUTATION CREATORS CORP TECHNOLOGY WILL BE ERROR-FREE OR ACCESSIBLE AT ALL TIMES, (C) DEFECTS WILL BE CORRECTED, (D) THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (E) THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE CONTENT MADE AVAILABLE AS PART OF THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE.
The foregoing exclusions and disclaimers are an essential part of these terms and formed the basis for determining the price (if any) charged for the services. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.
LIMITATIONS OF LIABILITY
REPUTATION CREATORS CORP WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SITE WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF REPUTATION CREATORS CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Reputation Creators Corp’s cumulative liability to you or any other party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to these Terms shall not exceed ten dollars (US $10). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
TERMINATION; MODIFICATION OF LICENSE AND SITE OFFERINGS
You can terminate your Reputation Creators Corp account at any time. Upon termination of your account, the License to use the Site, Reputation Creators Corp Technology and Content, or any portion thereof will terminate simultaneously. Notwithstanding any provision of these Terms, Reputation Creators Corp reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and Content, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site and Content. Either party may terminate the License at any time and for any reason. In addition, the License will terminate immediately, without notice, if you fail to comply with these Terms.
Upon any termination of the License, you will discontinue use of the Site and, if applicable, delete all copies of the Reputation Creators Corp Technology from your browser, Web servers, servers and any other location where Reputation Creators Corp Technology has been saved. Upon termination of the License, you will no longer have access to the Site or any of the Content contained therein.
You understand and acknowledge that, unless and until the Reputation Creators Corp Technology is deleted from your servers these Terms remain in effect.
Sections 2, 3, 5, 6, 7 and 11-17 will survive termination of the License.
APPLICABLE LAW AND VENUE; MISCELLANEOUS
These Terms represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties.
These Terms shall be governed by and construed under the laws of the State of Florida without reference to its conflict of law principles.
In the event of any conflicts between foreign law, rules and regulations and Florida law, Florida law, rules and regulations shall prevail and govern.
Each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Collier County, FL. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms.
The Reputation Creators Corp Technology is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals.
Any notices to Reputation Creators Corp must be sent via email addressed to: eReviewCenter@gmail.com, and are deemed given upon receipt.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
A waiver of any default is not a waiver of any subsequent default.
You represent and warrant that you are eighteen (18) years of age and that you have the right and ability to enter into these Terms. If you are under eighteen (18) years of age, your legal guardian has read and agrees to these Terms.
These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Site, please submit them to us at eReviewCenter@gmail.com.