Terms of Service
Updated February 13, 2024
These Terms of Use (“Terms”) constitute a legal contract between you and Briefly ("we," "us," or "our"). By accessing the brieflyinandout.com website (“Website”), opening an account, and/or using our services, applications, software, scripts, and any related documentation (collectively, the “Services”), you consent and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound by these Terms and agree to comply with all of the terms and conditions of use set forth herein. Please carefully review these Terms. If you violate these Terms, we reserve the right to deny you access to the Website and Services, together with any and all other legal remedies. By accessing the Website, you acknowledge you have read and understood our Privacy Policy. If there are inconsistencies between our Privacy Policy and these Terms, the Privacy Policy controls.
These Terms include the terms and conditions set forth herein and also our Privacy Policy, which is available on our Website here.
I. General Conditions
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What We Offer. Briefly offers a platform through which individuals (“TALENT”) and the companies seeking their services (“Hirers”) may connect, without the need for intermediaries, to exchange information, communicate, and facilitate payments for TALENT services (“Engagement”). Briefly only provides a service to help facilitate this Engagement. We do not offer employment and are not responsible for ensuring that the Engagements are compliant with applicable laws or that the work quality and reliability meet any standards. All dealings and engagements remain solely between TALENT and Hirer and their respective representatives, if any.
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Eligibility for Use of Our Services. (a) You may only use the Services if you are (i) over eighteen (18) years old and (ii) allowed by law to enter into a binding contract. (b) You must be either:
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A “TALENT” who publishes their availability via Briefly; or
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A Hirer, such as a hiring manager, project manager, or other authorized representative of a company directly in need of TALENT for your project. (c) The Website and the Services available through the Website are NOT open to staffing agencies, placement agencies, recruiters, or headhunters (“Agents”). Such use is strictly prohibited. We reserve the right to cancel the account of an Agent, or suspected Agent, for violating these Terms without the right to a refund.
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Refusal of Services. We reserve the right to refuse Services to anyone for any reason at any time, including but not limited to breaches of these Terms, reasonably suspected misuse of the services, or concerns about unauthorized access or security breaches.
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Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
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Definitions: "Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, videos, design, images, content, content submissions, communications, and the compilation thereof, including personal and financial information, that you submit or transmit to, through, or in connection with the Website and Briefly’s Services. “Briefly Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, videos, design, images, content, and communications and the compilation thereof that we create and make available in connection with the Website and our Services. "Third-Party Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, videos, design, images, content, and communications and the compilation thereof that originates from parties other than you or us but which is made available or published on the Website or concerning Briefly Services. “Intellectual Property Rights” means copyright, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, moral rights, and any other proprietary rights.
II. Non-Exclusive, Non-Transferable License to Use Our Website & Services
Briefly grants you a limited, revocable, non-exclusive, non-transferable license to use our Website and Services and view, copy, and print Briefly Information on the Website and from the Services for your personal and limited commercial purposes as long as they do not violate any other aspect of these Terms or the law, including our Intellectual Property Rights or the Intellectual Property Rights of others.
We reserve the right to terminate or limit your access to the Website, Services, and/or the licenses granted herein for any reason and in our sole discretion. We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades.
We remain the sole owner of all rights, title, and interest in the Briefly Information and Services. We reserve all rights.
III. User Generated Content (UGC) & Your Information
In registering for an account as a TALENT or Hirer, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account. Your Information does not reflect the opinion of Briefly.
All content uploaded to Briefly by our users is User Generated Content (UGC). Briefly does not check user-uploaded/created content for appropriateness, violations of copyright, trademarks, other rights, or violations, and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. Furthermore, Briefly is not responsible for the content, quality, or level of service provided by the TALENTs. We provide no warranty with respect to the TALENTs, their services, and any communications between Hirers and TALENTs. We encourage users to take advantage of our community and common sense in choosing appropriate services.
You represent and warrant that:
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The creation, distribution, transmission, public display, and performance, accessing, downloading, and copying of your Information does not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party, including privacy or publicity rights, and does not violate any applicable local, state, federal, and international laws, regulations, and conventions.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Briefly and users of the Website or Services to use your Information as necessary to exercise the licenses granted by you under these Terms.
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You have the written consent, release, and/or permission of each identifiable person in the Information to use the name or likeness of each such person to enable inclusion and use of the Information in the manner contemplated by this Website and Services.
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Your Information is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable, libelous, or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party.
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You assume all risks and liability associated with your Information, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of Information in your content. You may expose yourself to liability if, for example, your Information contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation, or improperly uses Third-Party Information.
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By uploading your Information to any part of the Website and/or Services, you grant, and you represent and warrant that you have the right to grant, to Briefly an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, right and license to use and distribute such Information (including, without limitation, your name, image, and voice) for the purpose of promoting the Website and/or Services and to grant and authorize sublicenses of the foregoing. Such use and distribution license will apply to any form, media, or technology, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, and logos, personal and commercial images you provide. Briefly does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Information and any Intellectual Property Rights or other proprietary rights associated with your Information. We have the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Information, (ii) re-categorize any Information to place them in more appropriate locations, or (iii) pre-screen or delete any Information that is determined to be inappropriate or otherwise in violation of these Terms.
We do not endorse any of your Information or Third-Party Information submitted to the Website or through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with your Information and Third-Party Information.
IV. Acceptable Use
You agree not to:
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Modify, reverse engineer, decompile, or disassemble any part of the Services, Website, or any content or information provided on or through them.
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Use any automated means, including robots, spiders, scrapers, or similar technologies, to access the Website, Services, or any content or information provided on or through them without our express consent.
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Upload, distribute, or disseminate viruses, adware, spyware, worms, or other malicious or harmful code.
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Use the Services or Website to engage in any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
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Infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others.
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Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
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Submit false or misleading information.
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Interfere with or circumvent the security features of the Website, Services, or any related application, website, other websites, or the Internet.
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Use the Services or Website for any immoral or unauthorized purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
V. Morality Clause
You agree that you shall not engage in any conduct or communication that may tarnish, harm, or bring into disrepute the name, reputation, or goodwill of Briefly or any of its affiliates. This includes but is not limited to conduct or communication that is discriminatory, defamatory, or otherwise unethical. We reserve the right to terminate your access to the Website and Services if you engage in conduct that we determine, in our sole discretion, violates this Morality Clause.
VI. Confidentiality & Security
You agree to protect the confidentiality of information accessible through the Website and Services. You agree to notify us promptly if you believe your Information or other information you have access to through the Website and Services has been accessed without authorization. We will implement reasonable and appropriate measures to prevent unauthorized access to protected information.
VII. Intellectual Property
Briefly Information is proprietary and protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, reproduce, republish, download, display, post, transmit, or create derivative works from any material or content accessible on the Website or through the Services without prior written permission from us, except that you may print a copy of materials or content on the Website solely for personal use, provided all copyright and other proprietary notices are kept intact.
VIII. Record Retention
Briefly does not guarantee that your Information will be backed up. You are responsible for maintaining appropriate backup copies of your Information.
IX. Payments, Refunds, Charges
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Briefly is currently free to use for all users, with no charges required for access to our services or features. However, we reserve the right to introduce subscription fees or change the pricing structure at any time in the future.
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If we decide to implement any paid features or subscription plans, we will notify you in advance through your registered email address or through an in-app notification. You will have the opportunity to review the updated terms and decide whether you wish to continue using the service under the new pricing model.
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By continuing to use the website after such notifications, you agree to the new subscription fees, if applicable.
X. Communications
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Electronic Communications. You consent to receive notices, disclosures, and other communications from us electronically by email, text, social media, or mail. It is your responsibility to keep your contact information up to date.
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Email. By creating an account, you agree to receive periodic emails from us. You can opt-out of promotional emails at any time, but necessary communications will continue.
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Chat. Communications between TALENT and Hirers remain private and unmonitored by Briefly.
XI. Social Media
You may link your social media accounts to our Services for convenience. We do not control your social media accounts and are not responsible for their use.
XII. Third Party Websites
Our Website may contain links to third-party websites. We are not responsible for the content or accuracy of third-party websites. Transactions with third parties are at your own risk.
XIII. Limitation of Liability
Briefly is not liable for indirect, incidental, or consequential damages. Our maximum liability is limited to the total amount of fees paid by you in the 12 months prior to the occurrence or fifty dollars, whichever is greater. This limitation may not apply in jurisdictions that do not permit such limitations.
XIV. Indemnification
You agree to indemnify and hold harmless Briefly from any third-party claims related to your use of the Website and Services, infringement claims, unauthorized actions, breaches of these Terms, and negligent acts. We reserve the right to control the defense of any matter subject to indemnification.
XV. Errors, Inaccuracies, and Omissions
We reserve the right to correct any typographical errors, inaccuracies, or omissions on the Website and Services at any time without prior notice.
For the full and updated Terms of Use, please visit our Website.