Blu Note Creative / ResumeYeti.com
Terms and Conditions of Use
March 1, 2016
Welcome to ResumeYeti.com. Thank you for visiting our website or for choosing to use our services. We have listed important legal terms and conditions that apply to anyone who visits our website or uses our services. These terms and conditions are necessary in order to protect you and us. By continuing to use ResumeYeti.com, you accept these terms and conditions, so please take a few minutes to read and understand them.
Purpose - Our website was designed to offer services and memberships to assist you to optimize the content of your resume. Our website provides users with numerous tools and features for creating and publishing a graphically designed resume by utilizing their own content together with content and features offered by ResumeYeti.com.
Legal Agreement - The terms and conditions of use are a legal agreement ("Agreement") between you, visitor, user or member ("You" or "Your") and Blu Note Creative LLC ("Us" or "We") the owner and operator of ResumeYeti.com website (the "Site"). This Agreement states the terms and conditions that govern your use of the Site, and your purchase of the memberships and services sold on this Site. By accessing and using the Site, you are indicating that you have read, accept, and agree to comply with, this Agreement. If you do not accept this Agreement, you are not permitted to, and you must not, access or use the Site, or purchase services from, or memberships to, the Site.
Capacity to Contract - By choosing to use our services, including signing up for a membership, you represent, acknowledge and agree that you are at least 18 years of age, or if under 18 years of age, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child under 18 years of age, you hereby agree to bind your child and yourself to this agreement and to fully indemnify, release and hold us harmless if your child breaches or disaffirms any term or condition of this Agreement.
Changes to the Site - We may add to, change or remove any part of the Site, including without limitation, any Content (as defined below) therein, at any time without prior notice to you. Any new features or tools that are added to the current Service shall also be subject to these Terms of Service. You are advised to check the Terms of Service from time to time for any updates that may impact you.
Personal Information: You agree to provide accurate, current, and complete information as required for the purchase of our services and memberships. We reserve the right to block further purchases when false, inaccurate or incomplete data is provided. You acknowledge that we use a third party payment processing service to process orders and to bill fees to your credit card.
User Account - In order to access and use certain sections and features of the Site, you must first register and create an account ("User Account") with Blu Note Creative LLC. If anyone other than yourself accesses your User Account, they may perform any actions available to you and your User Account, and accept any legal terms available therein, make various representations and warranties, and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow access only to people you trust as you will be solely and fully responsible for all activities that occur under your User Account, whether or not specifically authorized by you, and solely and fully responsible for any damages, expenses or losses that may result from such activities.
Use of Site Prohibitions - Subject to your compliance with this Agreement and timely payment of all applicable Fees, you are granted upon creating your User Account, a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the services, content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively the "Content"), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, as determined in the sole discretion of Blu Note Creative LLC, your authorization to use the Site and Content automatically terminates without notice to you, and without any refund of amounts paid on account of any services received and/or registered membership fees.
Intellectual Property - All rights, title and interest in and to the Content, as defined herein, and including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, literary work, source and object code, computer code including html, applications, audio, music, video and other media, designs, animations, interfaces, methods, algorithms, data, interactive features and objects, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned exclusively by and/or licensed to Blu Note Creative LLC / ResumeYeti.
The Terms and Conditions of this Agreement do not convey any right or interest in or to the Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Terms and Conditions constitutes an assignment or waiver of Blu Note Creative LLC / ResumeYeti's Intellectual Property rights under any law.
Representations and Warranties - You hereby represent and warrant that:
- you understand that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use, or any of your end users, with respect to your resume, cover letter, and business card templates;
- you own all rights in any personal information you upload or publish via our templates, you ensure that the content of such personal information is legal, reliable and accurate, and that anything you or your end users do with such templates and the personal information contained therein, is legal;
- you may not use our services for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction, including but not limited to, copyright, intellectual property and trademark laws;
- you understand that our services are designed to optimize your presentation of your personal information through the proper utilization of the Content and other features of the Site, on such templates;
- you are responsible for all activity and content (data, graphics, photos, links) that are uploaded after your purchase of a membership and/or use of our services;
- you understand that there is no warranty, express or implied, attached to the use and/or outcome of the use of these templates by your end users;
- you will not, and will not induce any third party, to attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or to any server of the Site, by hacking, password "mining", or any other illegal means;
- you will not, and will not induce any third party, to use any automatic device, program, algorithm or methodology, or any comparable manual process to access, acquire, copy or monitor any portion of the Site or Content;
- you will not, and will not induce and third party, to use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person's use of the Site;
- you will not, and will not induce any third party, to track or seek to trace any information on any other person who visits or uses the Site;
- you will not, and will induce any third party, to use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or
- you will not, and will not induce any third party, to copy, modify, reverse engineer, or otherwise attempt to extract the source code of any proprietary software used to create, provide, maintain, or is in any other way applicable to the Site or Content;
Service Fees - The use of the Site Content may be subject to payment of particular service fees ("Fees", "Memberships", and/or "Paid Services") as determined in our sole discretion. We will provide notice of such Fees then in effect in relation to such Memberships and/or Paid Services. If you desire to receive or use the Site Content, Memberships, and/or such Paid Services, you are required to pay all applicable Fees in advance. We reserve the right to change our Fees at any time, upon notice to you if such change may affect your existing membership. If you received a discount or other promotional offer, we shall have the right to automatically and without notice renew your membership at the full applicable Fee.
As part of registering or submitting information to receive the Site Content, Memberships and/or Paid Services, you also authorize us (either directly or through our affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, credit card or banking account provider (as an example, to update the expiration date or card number as may be provided to us by your credit card company).
Memberships - The Site was designed to assist end-user customers to optimize the content of their resume. The Site provides users with numerous tools and features for creating and publishing a graphically designed resume by utilizing their own content together with content and features offered by Blu Note Creative LLC / ResumeYeti. End-user customers who purchase Memberships to receive Site Content and/or Paid Services do so only for their own personal, non-commercial use. You may not use Site Content, Memberships and/or any Paid Services received, for further distribution or resale or for any other commercial or business purpose. Memberships, Site Content, and/or Paid Services, and all rights and privileges conferred are personal and non-transferable.
Pricing - Pricing for all applicable Service Fees can be found on the Site's then-current pricing page located at: http://www.ResumeYeti.com. The price that we will charge the end-user customer will be the price as posted on the website as of the date a User Account for purchase of a membership and/or use of our services, is registered. Blu Note Creative LLC / ResumeYeti reserves the right to change pricing for Service Fees at any time, and does not provide price protection or refunds in the event of promotions, price decreases or refunds for cancellation of Memberships.
Membership Cancellation - You may cancel your Membership at any time by logging on to your account within www.ResumeYeti.com. To cancel a Membership, please log in to your account on the Site and select _____________________________, then follow instructions towards cancellation. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first day of the month shall take effect the following month. If you have any problems, please contact us at Contact@ResumeYeti.com. Blu Note Creative LLC / ResumeYeti requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
Payment Methods and Automatic Monthly Membership Renewals - The Site accepts credit card payments only. You agree to pay all fees charged to your account based on charges and billing terms in effect as shown on the Site's payment page when you first register your User Account. You authorize us or our third party payment processing service provider that we engage to charge your credit card for any Fees, Memberships and/or Paid Services. All payments shall be made by credit card in advance. If you do not pay on time or if your credit card cannot be charged for any reason, we reserve the right to either suspend or terminate your account and Membership and Terminate these Terms of Service. All payments will be in US dollars.
We and our third party payment service provider may receive updated credit card information from your card issuer. The disbursement of the updated credit card information is provided to us and our third party payment service provider at the election of your credit card issuer. Neither Blu Note Creative LLC / ResumeYeti nor our third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER:
AUTOMATIC MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Blu Note Creative LLC / ResumeYeti will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the account user sign-up process, we will charge your credit card with the applicable Membership Fee. Each Membership renewal period is for one month.
Proprietary Rights - You hereby acknowledge and agree that Blu Note Creative LLC or its licensors own all legal rights, title and interest in and to the Site and Content, including without limitation, any and all intellectual property rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. ResumeYeti is a trademark of Blu Note Creative LLC in the United States. Other trademarks, names and logos that may appear on this Site are the property of their respective owners. Uness otherwise specified in this Agreement, all information and screens appearing on this Site, including content, site design, text, graphics, logos, videos, images and icons, as well as the arrangement thereof, are the sole property of ResumeYeti, Copyright (need to insert the copyright symbol here and check on how we copyrighted the site) Blu Note Creative LLC. All rights not expressly granted herein, are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties - We provide our Services on an "As is", "with all faults" and "As Available" basis, without any warranties of any kind, including any implied warranties, to the fullest extent permitted by law. We specifically do not represent or warrant that our Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your end-users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your end-users, or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including and third-party services) mentioned or made available via the Site – so please be sure to verify those before using or otherwise engaging them.
We may, at our sole discretion (however we shall have no obligation to do so) screen, monitor and/or edit any User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may we be considered as a "publisher" of any User Content, do not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party through our Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, we shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using our Services and/or connecting and/or dealing with any third-party through or in connection with our Site, and that we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions.
Limitation of Liability - To the fullest extent permitted by law in each applicable jurisdiction, Blu Note Creative LLC, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of our Services and/or our Site; (3) any unauthorized access to or use of our servers and/or any personal information and/or information stored therein; (4) any interruption or cessation of transmission to or from our Services and/or Site; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via our Services and/or Site; and/or (6) events beyond the reasonable control of Blu Note Creative LLC, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Paid Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
Electronic Communications - Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent applicable by law.