The Nutshells - Terms of Service page

The Nutshells – Terms of Service

Updated: August 1, 2017

Agreement to Terms

If you register for an account with The Nutshells on behalf of a business or organization, you represent that you have the authority to bind that business or organization and that your acceptance of this Agreement will be treated as acceptance by that business or organization.The Nutshells may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.As long as you comply with this Agreement, The Nutshells grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.Rejecting these terms means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, then remember that means you agree to all of the Terms.

Description of Service

The Nutshells is a tool for creating video resumes for online sharing. The Service helps job seekers create vibrant stories with templated personal video presentations to market themselves to potential employers.

Conditions of Use

As a condition of use, and the licenses granted to you herein, you agree to the following:

  • The Service requires you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify The Nutshells immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
  • You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
  • You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
  • You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).
  • You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
  • You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of The Nutshells for the topic and/or creator of the presentation.
  • You must not share use of your account with any other person.

Eligibility

You may use the Service only if you can form a binding contract with The Nutshells, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.  You must be 13 years old or older to use or access the Service.  Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.  The Service may not be available to any Users previously removed from the Service by The Nutshells. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

Accounts

If you have an account with The Nutshells, all of the content you create, including all of the information within your video presentations, will be available to anyone who has access to the internet (“Public User Content”). Public presentations can be viewed by anyone who has access to where the video link is published. Accordingly, you hereby do and shall grant to each User and to the public a worldwide, non-exclusive, revocable license to access, view, reuse, and publicly perform your Public User Content. This license ends when you delete the presentation or your account is closed (either by you or by us).

Licenses You Grant to The Nutshells for use of Public User Content and Private User Content

In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our or our service providers’ servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded video into a format that will work most efficiently with the Service. With respect to Private User Content, you hereby do and shall grant to The Nutshells (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content solely for the purpose of providing you, and those with whom you have shared your videos with the Service. This license ends when you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Private User Content indefinitely.Regardless of whether you designate content public or private, The Nutshells makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

Intellectual Property Infringement

If you believe that The Nutshells or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) at support@thenutshells.com. When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to The Nutshells the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

Copyright and Trademark Infringement

The Nutshells may, in appropriate circumstances and at our discretion, terminate or suspend service and/or access to the Service to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Service, please provide The Nutshells the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Nutshells to locate the material.
  • Information reasonably sufficient to permit The Nutshells to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • The Nutshells can be reached by email at support@thenutshells.com.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

The Nutshells’ Intellectual Property

All text, graphics, user interfaces, visual interfaces, videos, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “The Nutshells Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such The Nutshells Content, contained on the Service is owned, controlled, or licensed by or to The Nutshells, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.As a user of The Nutshells Service, The Nutshells grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at The Nutshells’ sole discretion, to use (i) The Nutshells name and (ii) the The Nutshells logo, unaltered, unmodified, and as it appears on thenutshells.com solely for the purpose of truthfully referring to The Nutshells, including for use in creating a website that explicitly references The Nutshells (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no The Nutshells Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by The Nutshells, or affiliated with The Nutshells, (ii) no The Nutshells Content beyond The Nutshells name and logo may be used, (iii) any such use must be of the full The Nutshells name and/or unaltered and current The Nutshells logo, (iv) any such use may in no way disparage The Nutshells, any user of The Nutshells Service, or any third party, and (v) any website that uses The Nutshells Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by The Nutshells.” You agree to make no other uses of The Nutshells name and logo beyond those expressly allowed herein, pursuant to a Use License.Except as expressly provided in this Agreement or otherwise permitted by law, no The Nutshells Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without express prior written consent from The Nutshells.

Breach of This Agreement

You agree that The Nutshells may, at its discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is The Nutshells’ policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.If The Nutshells takes any legal action against you as a result of your breach of this Agreement, The Nutshells will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to The Nutshells.

Disclaimer of Warranties

While The Nutshells attempts to make User Content available through the Service, The Nutshells does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that The Nutshells will not be liable to you or to any third party for termination of your access to the Service for any reason.

You expressly understand and agree that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. The Nutshells and its officers, employees, and licensors ( “The Nutshells Affiliates”) expressly disclaim all representations, warranties, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title or any warranty or condition arising by usage of trade, course of dealing or course of performance. The Nutshells makes no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; (c) user content will be hosted and/or transmitted without interruption or cessation; (d) any products, sites, information, or other material, whether in tangible or intangible form, purchased or obtained by you through the service will meet your expectations or any standard of quality; and (e) any defects in the operation or functionality of the service or related software will be corrected.Any material, information, or data downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system and/or loss of data that result from the download of such material. No advice, representation or information, whether oral or written, obtained by you from The Nutshells or through the service shall create any warranty not expressly stated in the agreement.

Limitation of Liability

You expressly understand and agree that the nutshells will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however caused. This includes, but is not limited to, any loss of profits, goodwill, or business reputation; any loss of data; any cost of procurement of substitute goods or services; or any other intangible losses. This also includes, without limitation, any loss or damages that may be incurred by you as a result of (a) any changes that The Nutshells may make to the service; (b) any permanent or temporary cessation of the service; (c) the deletion or corruption of or failure to store any content or other property maintained through the service; or (d) your failure to keep your password or account details secure. The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if we (or our affiliates) have been advised of the possibility of such damages.To the extent permitted by law, the total liability of The Nutshells, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).You specifically acknowledge that The Nutshells shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Exclusions and Limitations

Some jurisdictions do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, The Nutshells’ liability will be limited to the maximum extent permitted by law.

Security

The Nutshells cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Local Laws; Export Control

The Nutshells controls and operates this Service from its headquarters in the United States of America and materials may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are responsible for following applicable local laws.

General Terms

This Agreement is the whole legal agreement between you and The Nutshells. It governs your use of the Service and completely replaces any prior agreements between you and The Nutshells with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from The Nutshells.

Governing Law

Washington law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Service will be heard in the courts located in Washington. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Nutshells’ failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and The Nutshells and supersede all prior or contemporaneous negotiations, discussions or agreements between you and The Nutshells about the Service. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment

If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If The Nutshells does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. The Nutshells may assign or delegate some or all of its rights and obligations under this Agreement.