Please note that breaz’s Terms and Conditions are subject to modifications from time to time. You will be notified of any material change as stated in section 1 below.
1. WELCOMEWelcome to the Terms of Service for breaz. This is an agreement (“Agreement”) between breaz (“breaz"), a French company SAS, with a share capital of euro 4,000, having its principal place of business at Paris 75018, 125 rue Championnet, registered at the trade register of Paris, under number 804 342 434. breaz is the owner and operator of the website accessible at the address https://breaz.io (the “Site”), and of the recruiting service made available by breaz through the Site (collectively the “Service”), and You.
This site was declared with the CNIL under the number of declaration 1793334. Under the Loi Informatique et Libertés du 06/01/78, you have a right to access, modify, correct or delete any personal information. To exercise this right, simply write at the address above.
Editor in chief: Edouard Rosenblum (support at breaz.io)
breaz.io is hosted by the OVH company: 140 Quai du Sartel 59100 Roubaix - +33 (0)899 701 761
PLEASE READ THIS AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON THE “I ACCEPT” BUTTON, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BREAZ, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE EMPLOYER IN YOUR REGISTRATION, AND THUS BIND THAT COMPANY AS STATED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE.
Throughout this document, the words “breaz,” “us,” “we,” and “our,” refer to our company, breaz, our Site or our Service, as is appropriate in the context of the use of the words. The term “Prospective Employee” will refer to Users of our Service who are seeking employment opportunities through breaz. The term “Employer” will refer to a company that is a User interested in hiring Prospective Employees through the use of our Service. The term “You” or “User” refers to the individual or legal entity, as applicable, identified as the user at registration time on the Site.
Throughout this document “Competition(s)” will refer to the process offered through the Service that Prospective Employees will use to find new career opportunities. It is important to understand that these Competitions are legally non-binding and do not create any contractual obligations to either Prospective Employees or Employers. Competitions merely allow Prospective Employees to meet Employers who may be interested in hiring them, and are based upon the automated operation of the software used for functioning of the Site and the Service.
You agree to keep all information gained from using our Site confidential. You agree (1) that You will use any content submitted by other Users (by Employers or by Prospective Employees, as applicable) in accordance with applicable privacy and data protection laws; (2) that, if you are an Employer, You will not disclose the names or identities of any Prospective Employees listed for competition, outside of your internal recruiting or hiring department and for your own personal purpose of seeking to hire a Prospective Employee; and (3) that You will take all of the necessary precautions, in the light of the nature of the data and the risks which may arise due to their processing, including to prevent them from being manipulated, damaged or disclosed to non-authorised third parties, and in particular to take appropriate physical, technical and administrative measures to protect content You obtain through use of the Site and Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through our Site or Service.
Our Service may allow You to upload photos, resumes, projects and other information and may allow You to message or communicate in other ways with other Users through our Service. Any information that You post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement.
THIS AGREEMENT REQUIRES THE USE OF NEGOTIATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY BREAZ IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, and You have registered to use the Service, we will also send an e-mail to You at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new Users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site or after e-mail notice for existing Users. breaz may require You to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after being notified of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
2. BREAZ DESCRIPTION OF SERVICE
FOR PROSPECTIVE EMPLOYEESbreaz is an online service that connects Prospective Employees with Employers through a legally non-binding process and bidding process. As a Prospective Employee, You have an opportunity to maximize your value by having Employers bid for your services. Additionally, your use of breaz is free of charge, and the process is non-binding and does not create any contractual obligations between the Employer and the Prospective Employee.
FOR EMPLOYERSAs an Employer, You have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent. You may bid on any Prospective Employees that you feel may be a fit for your company. However, these bids are non-binding and do not create a binding employment contract. A Success Fee (as defined in Section 6 below) will only be collected from you in accordance with Section 6 after you have successfully hired a Prospective Employee. YOU UNDERSTAND THAT BREAZ DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS), AND THAT YOU ARE RESPONSIBLE FOR CONDUCTING ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A PROSPECTIVE EMPLOYEE. THUS BREAZ IS NOT RESPONSIBLE FOR THE CONTENT PROVIDED BY THE PROSPECTIVE EMPLOYEE.
3. REGISTRATIONIn registering for an account on the Site, You agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration process (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If You provide any Content that is untrue, inaccurate, not current, or incomplete, or breaz has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, breaz has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Site or Service if You have been previously removed by breaz, or if You have been previously banned from the Site or Service.
PROSPECTIVE EMPLOYEEIn order to use breaz as a Prospective Employee you must register and create a profile. The use of the Site and the Service is free of charge for Prospective Employees. When registering with breaz, we may require You to provide us information such as your name, e-mail address, employment history, work experience and skill set.
Furthermore, You agree to provide us with any other identifying documents that we may request. We may also allow You to use a third party service such as Github, LinkedIn, Twitter or any other to register. In such case, you represent and warrant that the information contained in these a third party service is current and accurate, and can be used for the purpose of the performance of this Agreement throughout the duration of this Agreement.
We will review the information that You provide to us during the registration process and we may also review any other information about You that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, You will be allowed to use our Service.
EMPLOYERIn order to use breaz as an Employer you must also register. Registration is free. When registering we may ask You for additional information related to your company and the types of Prospective Employees you are looking for. We will review the information that You provided to us during the registration process and we may also review any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, You will be allowed to bid on the Service for Prospective Employees that have posted their profiles on the Site.
4. YOUR RESPONSIBILITIESYou are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by breaz. Remember when using the Site we ask You to act reasonably and responsibly with others. Your continued access to our Site and use of our Service are contingent on your agreement to act in a proper manner. When using our Site and Service:
You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service. Notwithstanding the foregoing, breaz shall be allowed to grant to the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
You will not attempt to reverse engineer all or part of the Site or the Service, or the software which is not provided to You and which is not licensed to You, and is merely remotely used by You in the internal operation of the Site or the Service without any other license to use such software per se.
You will not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through the Service; You will not collect or harvest any personally identifiable information, including account names, from the Service;
You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);
You will not sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any Content obtained from the Site or Service, on a time-sharing or other commercial basis;
You agree to act within the bounds of common decency when using our Site;
You agree not to stalk, harass, bully or harm another individual;
You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to breaz;
You agree not to interfere with or disrupt the Site or Service;
You agree not to hack, spam or phish us or other Users;
You agree to provide truthful and accurate Content;
You agree to not violate any law or regulation, and you are responsible for such violations;
You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content, or more generally any illegal Content which causes any damage to breaz, to any User or to any third party;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site or the Service, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine;
You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
breaz may terminate your account and/or undertake a legal procedure for violating one or more of your responsibilities, for violating applicable law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.
5. SELECTION AND BIDDING PROCESS
PROSPECTIVE EMPLOYEE’S ROLEAfter a Prospective Employee has registered and created a profile on breaz, he or she will be able to create a listing for a Competition using the programmed Service functionality made available by us through the Site and the Service. Prospective Employees are solely responsible for running their own competitions. Employers will then have the opportunity to bid on the Prospective Employee’s Competition listing they are interested in. By creating a listing and using the bidding process, the Prospective Employee can see which Employers may be interested in hiring him or her. At the conclusion of the bidding process the Prospective Employee may, but is not required to, contact any Employer that bids on his or her Competition listing. All bids by Employers through our Site and Service are non-binding. The Prospective Employee must comply with this Agreement, and any other rules or instructions from breaz, when conducting a competition.
EMPLOYER’S ROLEAfter an Employer’s registration has been accepted by us, the Employer will be able to browse the Prospective Employees on our Site, communicate anonymously with these Prospective Employees, and submit preliminary non-binding job offer bids in response to Competitions conducted by Prospective Employees. If an Employer hires a Prospective Employee from our Site, the Employer will pay breaz a Success Fee (as defined in Section 6 below).
Once an Employer has discovered a Prospective Employee on our Site or Service, the Employer agrees to communicate with the Prospective Employee exclusively through our Site and Service for the duration of the pre-competition, competition and bidding process. The Employer and the Prospective Employee may use other means of communication during the hiring process, which is not a process performed under this Agreement, that is to say at a time the Service is no longer being performed in relation to the Employer and the Prospective Employee. The Employer agrees not to attempt to circumvent our Site and Service by independently attempting to communicate and hire the Prospective Employee through alternative means after discovering the Prospective Employee on our Site or Service.
OUR ROLEbreaz provides Prospective Employees with a location, and the remote use of the software tools involved in the operation of the Site and Service, to enable them to find and connect with Employers. Prospective Employees and Employers are solely responsible for any issues arising from the use of the breaz software or their use of Service.
Any agreements created between an Employer and a Prospective Employee are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Prospective Employee. You will not consider breaz, nor will breaz be construed as, a party to such transactions, whether or not breaz receives some form of remuneration in connection with the transaction, and breaz will not be liable for any costs or damages arising out of or related to such transaction. No contractual obligations are created for either the Prospective Employee or the Employer through the use of the Service. The Prospective Employee is not obligated to accept the highest bidder or any bidder at all. Additionally, bids submitted by an Employer to a Prospective Employee through the bidding process are not binding on the Employer.
At the end of the bidding process or at any time the Prospective Employee may choose which Employers, if any, he or she wishes to contact.
6. PAYMENTS AND REFUNDS
6.1 FOR PROSPECTIVE EMPLOYEES6.1.1 breaz is free for Prospective Employees. A Prospective Employee is required to promptly notify breaz if the Prospective Employee (a) accepts an offer of employment (an “Employment Offer”), whether for an indefinite or fixed term, (b) accepts an offer of employment as a contractor or consultant (a “Consulting Offer”), whether for an indefinite or fixed term (each, a “Consulting Engagement”), (c) undertakes any kind of business relationship with an Employer, (d) accepts an Employment Offer or a Consulting Engagement during or within twelve (12) months after termination of an Internship of any duration, with (1) an Employer who was identified by the Prospective Employee through the use of our Site or Service or (2) from an Employer who identified the Prospective Employee through the use of our Site or Service, or (e) accepts an Employment Engagement, a Consulting offer, or any type of business relationship offer, made by an Employer during or within twelve (12) months after the Competition end (each, a “Covered Offer”).
6.1.2 For the purposes hereof, an internship shall refer to an opportunity for a Prospective Employee to work, as an intern or pursuant to a co-op arrangement, for an Employer for a fixed period of time allowing in particular the Employer to possibly assess job skills of the Prospective Employee or contribute to its training, and the Prospective Employee to gain experience and familiarize itself with working environment at the Employer, and shall only be covered by this Agreement for Prospective Employees that are enrolled in college or graduate school, or who have graduated from college or graduate school.
6.1.3 If you are a Prospective Employee who is using our Site and Service, You agree that (1) if You receive a Covered Offer, you shall promptly notify breaz of your first day incurring remuneration of any type (“Start Date”) and the key terms of such Covered Offer (and notify breaz promptly should that Start Date or offer terms change at any time for a duration of eighteen (18) months from the Start Date), (2) you shall provide breaz with a copy of a fully executed Covered Offer, (3) you will promptly notify breaz after termination of your employment as an employee, intern, consultant, contractor, or any type of business relationship (“Employment”) in the event that (a) an Employer terminates your Employment for any reason whatsoever within eighteen (18) months of the date on which the Start Date, or (b) you voluntarily terminate your Employment within eighteen (18) months of the Start Date. In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Covered Offer, Prospective Employee shall promptly notify breaz.
6.2 FOR EMPLOYERS6.2.1 Once we have accepted the registration of an Employer, the Employer will be able to browse, bid and contact (through the Service) Prospective Employees listed on our Site and Service. If a Prospective Employee accepts a Covered Offer, the Employer will be charged a Success Fee.
6.2.2 “Success Fee” may be Monthly Success Fees, and shall be collected as set forth in the Pricing page in the case that breaz in its sole discretion has approved the Employer to pay on a monthly basis.
6.2.3 Employers are required to promptly notify breaz once a Prospective Employee has accepted a Covered Offer and notify breaz of the Start Date for such Prospective Employee (including prompt notification of any subsequent changes in such Start Date.) Employers shall provide breaz with a copy of a fully executed Covered Offer. In the event that before the Start Date, either the Employer or the Prospective Employee elects not to begin the employment relationship contemplated by the Covered Offer, the Employer shall promptly notify breaz.
6.2.4 The Employer will pay breaz a Success Fee for any Covered Offer which is accepted by a Prospective Employee, as defined on the Pricing page.
6.2.5 Notwithstanding the foregoing, in the event of a Success Fee dispute, if an Employer can establish he had an Active Process (as defined below) with the Prospective Employee before using our Site and Service (e.g., the Prospective Employee had already begun the interview process with the Employer and such process had not been terminated, or the Employer had received the Prospective Employee’s resume from an employment agency or head-hunter and was under active consideration by the Employer), the Employer may be exempted from paying the Success Fee. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Covered Offer will be at the sole discretion of breaz, if breaz considers that there is no sufficient evidence of an Active Process. For the purposes hereof, “Active Process” shall mean continuous direct, back & forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Site or Service for a Prospective Employee that exists in Employer’s applicant tracking system or that was submitted by a recruiting agency.
6.2.6 IF YOU ARE AN EMPLOYER WHO IS using our Site and Service, YOU agree to these Success Fee provisions and you acknowledge that a portion of the Success Fee will be paid by breaz to the Prospective Employee. If you do not agree with any of these provisions, please terminate your account immediately and cease using breaz. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
6.2.7 If an Employer circumvents our Site and Service after discovering a Prospective Employee through our Site or Service and subsequently hires that Prospective Employee, the Employer will be billed a success fee equal to 30% of the 1st year gross remuneration of the Prospective Employee and breaz may, in its sole discretion, terminate the Employer’s account.
6.3 PAYMENT6.3.1 Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect in this version of this Agreement applying to the Employer (in accordance with the provisions of Section 1 of this Agreement) at the time the Success Fee is due and payable hereunder. Employer must provide breaz with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing-up for the Service or other payment method approved by breaz.
6.3.2 Employer’s Payment Provider agreement governs use of the designated credit card, and Employer must refer to that agreement and not this Agreement to determine its rights and liabilities. By providing breaz with its credit card number and associated payment information, Employer agrees that breaz is authorized to immediately invoice Employer’s account for all Success Fees due and payable to breaz hereunder and that no additional notice or consent is required. Employer agrees to immediately notify breaz of any change in its billing address or the credit card account used for payment hereunder. The Employer shall provide new valid credit card details in advance before the expiry of the currently filed card.
6.3.3 breaz’s invoices are payable no later than 30 days after they date of issuance, in full, in accordance with the agreed mean of payment. In compliance with the applicable law, in case of late payment, without prejudice to other remedies breaz may have, breaz may invoice the User late payment interests eligible for capitalization, at an interest rate of the higher of: (i) either three (3) times of the French legal interest rate; or (ii) the legal interest rate of the European Central Bank for capital refinancing operations plus ten (10) points. In addition, breaz may obtain from the User a fixed amount of forty (40) euros (or any other amount determined by the applicable regulations), as an indemnity for recovery costs. As specified by the applicable regulations, in the event the recovery costs are actually higher to the flat indemnity mentioned above, breaz shall be allowed to seek additional indemnification upon justification. All disputes on an invoice must be communicated in a duly motivated manner in writing by registered letter with acknowledgement of receipt to breaz and within a period of time of one month from the date of issuance of the invoice. After such period, the invoice shall be deemed to be irrevocably accepted. The above mentioned notice of dispute of an invoice shall, in particular, include the details of the contested amounts and the relevant evidence, the resolution of the dispute shall be done on the basis of the confrontation of the evidence provided to breaz in performance of this Agreement, and including with the logs and connection database automatically recorded by the Site and the Service on breaz systems which the Users agree shall be proof of their usage of the Site and the Service in connection with this Agreement.
6.4 CHANGES IN FEES AND BILLING METHODSbreaz reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or after notice by email delivery to you in accordance with the provisions of Section 1 of this Agreement in case of such a change.
7. LIMITATIONS ON LIABILITYThrough breaz’s Site and Service, the Users of breaz may be able to post Content about third parties. breaz is not liable to third parties for any Content that has been posted or viewed on breaz’s Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
Our Site includes areas where Prospective Employees or Employers may post Content, including Contents about an individual or company. We are not responsible for the posting of this Content, since breaz is merely a technical intermediary hosting such Contents contributed by the Users;
We are not liable for any contracts created between Prospective Employees and Employers who use our Site and Service;
We are not required to or under any obligation to review, screen, edit, monitor, or remove any Content posted on our Site, although we reserve the absolute right to remove, screen, or edit any Content at any time and for any reason without any notice to you or any party affected;
We take no responsibility and assume no liability for any User Content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such User Content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Service, whether arising in tort or contract, law or equity;
You agree not to hold any other User of breaz liable for any negative or critical comments, except that you are not obligated to release any other User who submits Content that violates any terms of this Agreement, other policies stated anywhere on our Site, or which Content would be illegal under the applicable law;
As a technical intermediary hosting Contents contributed by third parties, and without a prior notice to the User, breaz may remove any Content, or prevent access to any Content that is notified to breaz as infringing the applicable law further to a legal notification, and breaz may provide information useful for the identification of the authors of the disputed content in performance of a judicial order, in particular the detailed log of activity of the concerned Users, the relevant server logs and information provided by the concerned User at registration time on the Site, which are collected by breaz in compliance with the applicable law;
breaz is not liable under any circumstances to any User for any User Content submitted, posted or transmitted by any other User, even if that Content violates this Agreement or other policies stated anywhere on our Site. In case You consider that an illegal Content exists on the Site, breaz may remove or prevent such Content from being accessible, subject to a legal notification complying with the provisions of Article 6 II 5 of French law n°2004-575 of 21st June 2004 (Loi pour la confiance dans l'économie numérique). Any such notification shall be done under your responsibility and You agree to hold breaz harmless from any and all damages caused by a take-down;
Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BREAZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BREAZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
8. INTELLECTUAL PROPERTY RIGHTSThe design of the Service along with breaz created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to breaz, subject to copyright and other intellectual property rights under France and foreign laws and international conventions. breaz reserves all rights in and to the Service and the Site. You agree to not engage in the use, copying, or distributing any Content contained within the Site or through the Service unless we have given you express written permission to do so.
9. LICENSING TO BREAZYou hereby grant to breaz and its owners, affiliates, representatives, licensors and assigns (the “breaz Parties”) a non-exclusive, free of charge, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of your Content (“Your Content”) and anything we may make with Your Content through breaz or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with Your Content. We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit Your Content, and may remove or delete all or any portion of Your Content from breaz at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and/or the Service you will be exposed to Content from a variety of sources, and that breaz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of breaz. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against breaz.
10. DISCLAIMER OF WARRANTIESTHE SITE AND SERVICE ARE PROVIDED TO YOU AS IS, FOR YOUR INFORMATION ONLY. BREAZ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, OR NEGLIGENCE OR ANY OTHER TORT.
BREAZ MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
11. INDEMNITYYou agree to defend, indemnify and hold harmless breaz from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Site and Service;
- your violation of any term of this Agreement;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of Your Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Site and/or Service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this section, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
12. TERMINATIONWe may suspend the Service or your account or any other provision of services to you, and we may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying breaz at any time and closing your account for the Service. Your notice should be sent in writing (see Section 14 below). Termination of the Agreement may result in the immediate deletion of any Content that you have submitted to breaz. breaz will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, Success Fee provisions, warranty disclaimers, indemnity and limitations of liability.
13. ASSIGNMENTYou may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
14. NOTICEWhere breaz requires that you provide an e-mail address, you are responsible for providing breaz with your most current e-mail address. In the event that the last e-mail address you provided to breaz is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, breaz’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to breaz at the following address: support at breaz.io and at breaz SAS, 125, rue Championnet, Paris 75018, France.
15. ENTIRE AGREEMENTThe Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior discussions between the parties with respect to such subject matter.
16. ELECTRONIC COMMUNICATIONSThe communications between you and breaz use electronic means, whether you visit the Site or the Service or send breaz e-mails, or whether breaz posts notices on the Site or Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from breaz in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that breaz provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in paper form. The foregoing does not affect your statutory rights.
17. LOGOS AND IMAGESbreaz owns the right to use all logos including Employers logos which are included in the Content published by an Employer as soon as Employers enable the Content to be displayed on the Site through the action of their Users.
18. APPLICABLE LAW AND EXCLUSIVE JURISDICTIONThe parties agree to attempt to amicably resolve any dispute through a conciliation attempt. Only after such conciliation and amicable attempt has been made, and in case of failure of these, the courts of Paris shall have exclusive jurisdiction for the dispute. The law applicable to this Agreement is French law.
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