We may update these TOU as Briefly evolves, so be sure to check back every now and then to see if the “last revised” date has changed.
The purpose of Briefly is to allow you to find, save, and comment on content of interest to you and to share your comments (“Comments”) with other Application users (“Users”). We do this by providing a categorized index of articles and other content (collectively, the “Content”) for you to browse.
Users may choose categories of interest to follow in Briefly, such as “Women in Technology,” “U.S. Politics,” and “Business.” Each category provides a list of Content that provides basic information about each item of Content, such as the title, source publication, and a link to the Content item at the source publication. When you find an item of Content of interest, you can click [BUTTON LABEL] to download and save a copy of that Content item to your personal Application account.
You can highlight and comment on Content you have saved both for your own use and to help other Users find Content of interest to them.
See Briefly FAQ for more information on how Briefly works.
About Your Account
When you register to use Briefly, an account (“Account”) and profile (“Profile”) are automatically created for you. You agree to the following:
- You grant to FEP a non-exclusive, worldwide, irrevocable, perpetual license of all rights necessary to make the information you provide in your Profile available to other Users, including but not limited to the rights to reproduce, distribute to the public, and publicly perform or display that information.
- All the information in your Account and your Profile is truthful and does not infringe the rights of any other person or entity.
- You will keep your contact information accurate and up to date.
- You are solely responsible for the activity that happens on or through your Account.
- You will not share your password, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account.
- You will not attempt to access an Account belonging to someone else.
FEP has the right, in its sole discretion, to suspend or terminate the Account of any User for violating these TOU or for any other reason. You may terminate your Account at any time by XXXX.
Your Use of Briefly
You agree that you will use Briefly only for your own personal, non-commercial purposes. You agree not use Briefly to engage in any illegal or malicious behavior, including but not limited to:
- Engaging in behavior prohibited in the Briefly Code of Conduct;
- Infringing copyright or other rights in Briefly or the Content by illegal copying, downloading, or otherwise;
- Using any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of Briefly or content from Briefly;
- Reverse engineering any portion of Briefly;
- Collecting or harvesting any information from Briefly;
- Using any device, software, or routine that interferes with or attempts to interfere with the proper working of Briefly; or
- Doing anything that could disable, overburden, or impair the proper functioning of the Website.
Your Use of the Comment Feature
If you use the comment feature of Briefly to comment on Content, you grant to FEP a non-exclusive, worldwide, irrevocable, perpetual license of all rights necessary to make your Comments available to other Users, including but not limited to the rights to reproduce, distribute to the public, and publicly perform or display your Comments.
You understand and agree that:
- Your Comments will abide by the Briefly Code of Conduct.
- Nothing in your Comments infringes the rights of anyone else, including but not limited to copyrights, other intellectual property rights, and privacy rights.
- You will be truthful in the information you share through your Comments.
- You will not bully, intimidate, or harass any person or to otherwise treat any person in an intentionally demeaning or hurtful manner.
- You will not post content that constitutes hate speech or defamation, is threatening, infringes someone else’s privacy, or is in any other way inappropriate for the purpose of Briefly.
- FEP has full discretion to edit and/or remove your Comments at any time, for any or no reason and without providing notice to you.
- The Internet is not a completely secure environment and, despite these TOU, FEP cannot control what others do with the information you make available in your Comments or your Profile.
About the Content and Your Use of the Content
You represent and warrant that you understand the following:
- FEP has no control over the Content and cannot and does not vouch for the truth, accuracy, or quality of the Content.
- The ability to access Content through Briefly does not constitute endorsement or approval of any kind by FEP.
- You will use the Content only for your own personal, non-commercial use.
- All Content is protected by copyright and other laws, and the rights in the Content belong to third parties other than FEP.
- You will not infringe the copyrights or other rights in the Content.
- FEP does not have the rights to grant you any rights to use the Content in any way; you are solely responsible for ensuring that any and all uses you make of the Content comply with applicable law; and your use of the Content is at your own risk.
- Although FEP believes that your use of Briefly in accordance with these TOU does not constitute infringement of the copyrights or other rights in any Content, it makes no guarantees, representations, or warranties that this is the case, and you do so at your own risk.
Other Third-Party Resources
The Application provides access to various materials and resources other than the Content that FEP neither owns nor controls, such as links to outside websites and other resources (collectively, “Third-Party Resources”). You understand and agree to the following:
- FEP has no control over Third-Party Resources and cannot be responsible for your experience with them.
- FEP cannot and does not vouch for the truth, accuracy, or quality of Third-Party Resources.
- The availability of Third-Party Resources through Briefly does not constitute endorsement or approval of any kind by FEP.
Digital Millennium Copyright Act Notice:
If you believe your copyright has been infringed in Briefly
FEP respects and honors the copyrights and other intellectual property of others and abides by the Digital Millennium Copyright Act (“DMCA”) safe harbor requirements for online service providers. In responding to notices of alleged infringement that comply with the DMCA and other applicable laws, we may remove or disable access to content within Briefly or residing on other websites that is claimed to be infringing. In such case, we will make a good-faith attempt to contact the person who engaged in the allegedly infringing conduct so that they may make a counter-notification, also in accordance with the DMCA.
If you think that your copyrights have been infringed in Briefly and want to submit a DMCA take-down notice, please provide a notice containing the following information to: Patrick <email@example.com>
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, and/or email address);
- A statement that you have a good faith belief that the use of the material you’ve identified as infringing is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
If you wish to file a counter-claim regarding materials that have been taken down due to a DMCA take-down notice, please provide us with a notice containing the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address, and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which FEP may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
We at FEP are proud of Briefly and have worked hard to ensure that it is reliable and of the highest quality reasonably possible. We do not anticipate that you will encounter any problems using Briefly. However, certain things are simply beyond our control, and we want you to understand the limitations you could encounter should such a situation arise. If you do encounter any problems whatsoever, please let us know so that we can do our best to resolve them.
- You understand and agree that your use of Briefly is at your own risk and that content, information, and services provided to you through Briefly are provided on an “as-is” basis.
- FEP does not make any specific promises or warranties, either implied or express, about Briefly. For example, we make no commitments about the content, functionality, reliability, or availability of Briefly or the accuracy of Content or their ability to meet your needs.
- To the extent permitted by law, we exclude all warranties.
- You agree that you will not hold FEP responsible or liable for timeliness, inaccuracy, or improper delivery of Briefly, the Content, or other information provided through Briefly, or the failure to store Content you save, your Comments, or any other information you provide to FEP.
- You understand and agree that, where permitted by law, FEP will not be responsible for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to damages for any loss resulting from the use of Briefly or the inability to use Briefly, unauthorized access to or alteration of information you provide to us, or any other matter relating to or associated with Briefly.
You agree to indemnify and hold harmless FEP and our representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, and independent contractors from any claim or demand, including reasonable legal fees, that may be filed by any third party arising out of: (1) your conduct in connection with your use of Briefly; (2) your provision of information through Briefly; (3) your violation of these TOU, including the breach of any representation or warranty made by you; or (4) any violation by you of the rights of someone else.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach of this Agreement, you and FEP agree to use your best efforts to settle the dispute, claim, question, or disagreement. Accordingly, you will consult and negotiate with each other in good faith and attempt to reach a fair and equitable solution satisfactory to both. If unable to do so within a period of sixty (60) days, then, upon notice by either of you to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules & Procedures. Exclusive venue for any arbitration shall be San Francisco County, California, United States. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause.
These TOU constitute the complete understanding of the parties with respect to the subject of these TOU and supersede all prior oral or written agreements or proposals of the parties relating to the subject of these TOU.
This TOU, including the above Arbitration provision, shall be construed and governed by, and enforced in accordance with, the laws of the United States.