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 Terms of Service 

A Note from the Team

FabHire is the easiest way to connect with technology and design professionals for both large and small projects. We created FabHire to help employers get access to high-quality professionals for their tech and design needs, while allowing professionals to gain exposure for their work and find new leads. We ask that you treat our service and community with respect. There is no place for spam, personal attacks, and abusive language on FabHire. If you come across anything on FabHire that looks like it violates our policies, please be sure to let us know.

Accepting the Terms of Service

FabHire (the “Site”) is a website for technology and design professionals and employers, owned and operated by Kredo Group LLC (“Kredo Group”, “We’, “Us”, and “Our”), a Massachusetts limited liability company. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber”, “You”, “Your”, “User”), which refers to all individuals and entities accessing the Services, under the following terms and conditions:

1. Access to the Services

Subject to the terms and conditions of this Agreement, Kredo Group may offer to provide the Services, as described more fully on the Site, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Kredo Group performs for Subscriber, as well as the offering of any Content (as defined below) on the Site. Kredo Group may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Kredo Group may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. Kredo Group reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice via e-mail, where possible, or on the Site. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement as modified.

Subscriber certifies to Kredo Group that if Subscriber is an individual (i.e., not a corporate entity), Subscriber is at least 13 years of age. No one under the age of 13 may provide any personal information to or on Kredo Group (including, for example, a name, address, telephone number or email address). Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. Kredo Group makes no claim that the Site may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.

Kredo Group will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Kredo Group to minimize such disruption where it is within Kredo Group’s reasonable control.

You agree that neither Kredo Group nor the Site will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, any Subscriber Content, or other Content.

Kredo Group retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. FabHire is a Venue

FabHire is only a venue for employers to post job opportunities and candidates to post portfolios. Neither the Site nor Kredo Group is to be considered an employer with respect to the use of our site and shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on our site.

Kredo Group does not screen or censor the listings offered and are not involved in the actual transaction between employers and candidates. Kredo Group is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the Web site. As a result, Kredo Group has no control over the quality, safety or legality of the jobs, work samples, biographies, or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.

Kredo Group also does not make any warranty, express or implied, regarding any job posting, any individual or organization providing a posting or for any profiles or resumes. You agree that any agreement between You and any individual or organization be based solely on the terms negotiated by them and You and shall be done at Your own risk.

Kredo Group does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by them. You acknowledge that any reliance on material posted by other users will be at your own risk. Kredo Group has no obligation to screen communications or information in advance and is not responsible for monitoring material posted by users. We expect that You will use caution and common sense when using this site and Your account.

If notified by a user of communications which allegedly do not conform to our conditions of use, 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.

Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Web site or the material on it. The use of the Site and its material is at your own risk.

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. Because user authentication on the Internet is difficult, Kredo Group cannot and does not confirm that each user is who they claim to be. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom You come in contact through this site; we expect that You will use caution and common sense when using it.

Because we cannot be involved in user-to-user dealings or control the behavior of participants of the Site in the event that You have a dispute with one or more users, You release us 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.

3. Subscriber Content

You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Subscriber Content”, “User Content”) which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Kredo Group does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Kredo Group be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains sexually explicit images or statements, (f) impersonates another person or entity, (g) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (h) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (g) of this sentence. Kredo Group reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Kredo Group and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Kredo Group is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

Subscriber is solely responsible for Subscriber’s communications and the consequences of their posting and for the content and information Subscriber provides, distributes, posts, includes, links to, or otherwise uploads to the Site. Subscriber understands that whether or not such content is published, Kredo Group does not guarantee any confidentiality with respect to any Subscriber Content. Kredo Group is also not responsible for any public display or misuse of Subscriber Content. Subscriber understands and acknowledges that Subscriber may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and Subscriber agrees that Kredo Group shall not be liable for any damages Subscriber alleges to incur as a result of such Content. Subscriber also agrees that Kredo Group is only acting as a passive conduit for the online distribution and publication of Subscriber content. However, although Kredo Group is not obligated, we reserve the right to take any action with respect to Subscriber content if we believe that it may create a liability for us. Subscriber understands that Kredo Group has no editorial control over Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability.

4. User’s Grant of Limited License

Kredo Group does not claim any permanent ownership of Subscriber Content that Subscriber submits or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, Kredo Group requires a limited license to host and display this content, as specified below, which lasts as long as Subscriber hosts Subscriber Content on the Service. For example, one purpose for this limited license is to enable Kredo Group to stream and present Subscriber work across the Site and partner sites that present Subscriber’s work professionally- linking back to Subscriber’s listing. The limited license below is required to allow Kredo Group and the Site to host, display, organize, and propagate a member’s portfolio of projects.

By communicating with the Site, including submitting or sending Content, a Contribution, correspondence or other information or material to the Site (“Subscriber Content”, “User Content”), Subscriber grants Kredo Group a limited license, for the period of time Subscriber Content is published in the Site’s systems, to display the work royalty-free, unrestricted, and world-wide, across the Site, in search results, and in the Site’s-powered Galleries and Showcases. Subscriber grants Kredo Group the right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so (“Content License”) in order to provide the Services. Subscriber warrants, represents and agrees Subscriber has the right to grant Kredo Group and the Site the rights set forth above. In some instances, media must be reformatted for display and incorporation into the Site’s galleries. As such, during this limited license, Subscriber allows Kredo Group to reproduce, modify, publish, translate, distribute, perform and display Subscriber Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating a Contribution, in whole or in part, into a Site feature or in promotional or marketing materials (attributed properly to the professional or entity).

Neither the Site nor Kredo Group will assume ownership of Your work. This limited license is required for the nature of the Site’s platform. Work submitted to the Site remains owned by the Subscriber, under the Subscriber’s selected copyright settings, and Subscriber’s decide whether or not to sell their work or services to third parties.

Subscriber will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Subscriber Content. Subscriber acknowledges and agrees that the display or inclusion of Subscriber Content shall be in the sole discretion of Kredo Group and Subscriber Content may or may not be included on the Site for any reason or no reason at all.

BY UPLOADING CONTENT TO THE SITE YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, KREDO GROUP LLC, IT’S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.

5. Site Content

The Site and its contents are intended solely for the use of the Site Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of Kredo Group and/or third parties and are protected by United States and international copyright laws.

All trademarks, service marks, and trade names are proprietary to Kredo Group and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content.

Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Kredo Group, or from the copyright holder identified in such Content’s copyright notice. In the event You download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by Kredo Group or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. Kredo Group or third party licensors retain full and complete title to the Software and all intellectual property rights therein.

6. Job Postings

One of the Site’s primary services is an employment recruiting service, consisting of job postings published directly by employers. Subscriber must not, and by using the Site agrees not to: (a) post advertisements or solicitations of business, chain letters or pyramid schemes, (b) post advertisements for multiple openings or positions. Each job posting is intended for a single job or project, (c) post advertisements that point to spec work, contests or other opportunities to solicit customized, unpaid work from professionals. Any postings violating the terms above may be edited or removed pending Kredo Group’s approval process.

7. Restrictions

Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site or Service user.

Use of the Site or Services to violate the security of any computer Site, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.

8. Warranty disclaimer

Kredo Group has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Kredo Group has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or subscriber who posted the Content. Kredo Group does not monitor the Content of the Site and takes no responsibility for such Content. Subscriber releases Kredo Group from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Kredo Group makes no representations concerning any content contained in or accessed through the Site, and Kredo Group will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

Although Kredo Group and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither Kredo Group nor the Site is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site.

The Services, Content, Site and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Kredo Group makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, Kredo Group disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that Kredo Group is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.

9. Third party websites

Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Kredo Group or the Site. Unless explicitly otherwise provided, neither Kredo Group nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Kredo Group and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or Kredo Group with respect to such sites and third party content.

Kredo Group may from time to time provide links to third party sites or resources; these links are provided solely as a convenience to you and not as an endorsement by us. Because Kredo Group has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from them.

If You decides to access linked third party Web sites, You do so at Your own risk.

10. Links

Kredo Group grants Subscriber full permission to link to the Site using a text link, but not to frame the Site or use any of trademarks or logos without Kredo Group’s prior permission. However, Kredo Group does not pay referral fees for such links.

11. Registration and security

As a condition to using Services, Subscriber may be required to register with the Site and select a password and profile name. Subscriber shall provide Kredo Group with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber’s account. Subscriber may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization. Kredo Group reserves the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site and Kredo Group from any and all liability concerning such activity. Subscriber agrees to notify Kredo Group immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

12. Access and Security Rules

Subscribers are prohibited from violating or attempting to violate the security of the Site, gain unauthorized access to its contents, or use its contents in any unauthorized manner, including attempts to: (a) access data not intended for Subscriber or logging into a server or account which the Subscriber is not authorized to access, (b) probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, flooding, spamming, mail-bombing or crashing, (d) send unsolicited email, including promotions and/or advertising of products or services, (e) forego or manipulate any TCP/IP packet header or any part of the header information in any email or newsgroup posting, (f) use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from Kredo Group and generally available third party Web browsers, (g) decipher, disassemble or reverse engineer any of the software comprising or making up any part of this site, (h) aggregate, copy, scrape, duplicate, frame, or embed in any manner any of the materials or information available from Kredo Group, (i) bypass any methods we may use to prevent or restrict access to the Site or any subparts of the Site including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein, (j) transmit spam, chain letters, or other unsolicited communications, (k) collect or harvest any personally identifiable information, including account names, from the Site, (l) access any content on the Service through any technology or means other than those provided or authorized by the Service, (m) directly or indirectly, advertise or promote another website, product, or service or to solicit Users for other websites, products or services, or (n) hide or falsify User identity by any means, technical, manual, or otherwise, or (o) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on it, including any action which imposes an unreasonable or disproportionately large load on the site’s infrastructure.

Violations of access rules or system or network security may result in civil or criminal liability. Kredo Group will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

13. Indemnity

Subscriber will indemnify and hold Kredo Group, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.

14. Limitation of liability

In no event shall Kredo Group, its directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. Kredo Group’s and the Site’s collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.

15. Fees and payment

Some of the Services require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. Subscriber represents to Kredo Group that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. Kredo Group may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Site.

Kredo Group may add, delete or change some or all of the services provided and prices listed as part of the account at any time. You will be notified of any charges and given the option to continue to use or to terminate Your account. You will be responsible for all charges for using these additional services if You chooses to continue use.

16. Termination

Either party may terminate the Services at any time by notifying the other party by any means. Kredo Group may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber’s account, Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Kredo Group or the Site, including without limitation any indemnification obligations contained herein.

17. Privacy

Please review our Privacy Policy, which governs the use of personal information on the Site and to which Subscriber agrees to be bound as a user of the Site.

18. Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Site and Kredo Group with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Kredo Group shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Kredo Group’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Kredo Group’s prior written consent. Kredo Group may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Massachusetts without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Kredo Group in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@Kredo Group.com.

19. Copyright Policy

Kredo Group has adopted the following policy toward copyright infringement with respect to the Network in accordance with the Digital Millennium Copyright Act. The address of Kredo Group’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.

Reporting Copyright Infringements

If You believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

1)      Identification of the work or material being infringed.

2)      Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Kredo Group is capable of finding and verifying its existence.

3)      Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.

4)      A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.

5)      A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.

6)      The Notifying Party’s physical or electronic signature. After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Kredo Group shall:

7)      Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Site.

8)      Kredo Group will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.

9)      Kredo Group reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.

Filing Copyright Counterclaims

A subscriber who believes they are the wrongful subject of a copyright takedown notice, may file a counter notification with Kredo Group, by providing the following items in writing to the Designated Agent at the address below:

  • The specific URLs of material that Kredo Group has removed or to which Kredo Group has disabled access.
  • User’s name, address, telephone number, and email address.
  • A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • User’s signature.

Upon receipt of a counterclaim, Kredo Group will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Kredo Group does not receive any such notification within 10 days, we may restore the material to the Site.

Designated Agent

Attn: Copyright Agent

Kredo Group LLC
1085 Commonwealth Ave., #300
Boston, MA 02215

Tel: +1 (617) 657-3360

Email: support@kredogroup.com

 

Thank you.