Terms of Service

This is an END USER LICENSE AGREEMENT between Doubble Sugar, LLC dba Be-Picked.  ( a Virginia Limited Liability Company, with its principal place of business at Unit 104, 1200 South Arlington Ridge Road, .Arlington Virginia 22202 (referred to as “We, Us, Our”), and You.  We and You are collectively referred to as “Parties” and individually as “Party” throughout this Agreement.

You should read the following END USER LICENSE AGREEMENT (the “EULA”) carefully before downloading and using the Credibility Generator app located at credibilitygenerator.com, or participating in any online features, services, and/or programs offered by Us (collectively, the “Credibility Generator App”).

This EULA does not apply to any other web page operated and/or owned by any entity other than Us, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Credibility Generator App.

PLEASE READ THIS EULA CAREFULLY, WHICH INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE CREDIBILITY GENERATOR APP, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE CREDIBILITY GENERATOR APP.  BY ACCESSING OR USING THE CREDIBILITY GENERATOR APP, YOU AGREE TO BE BOUND BY THE EULA AND ALL ADDITIONAL EULAS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ANY PORTION OF THIS EULA, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE CREDIBILITY GENERATOR APP.

We will make an effort to update the Credibility Generator App with any changes to this EULA (including but not limited to changes and updates required by state privacy laws and regulations), and you are encouraged to review this  EULA frequently (the date of the most recent revision to this EULA appears at the end of this EULA).

1. ACCESS TO THE CREDIBILITY GENERATOR APP.

(a) You may access the Credibility Generator App only for purposes of doing the following:

(i) Entering through the landing page and then signing up for an account on the Credibility Generator App.  You must have a valid username and password for the purpose of accessing the Credibility Generator App (Log In Information).  You agree to keep all Log-In Information strictly confidential.  Log-In Information may be used only by You and the Log-In Information may not be shared or transferred, other than between you and your spouse.  Your Log In Information will terminate if you are in breach of this EULA for any reason.

(ii) Choosing a monthly or annual subscription account.

(iii) Setting up your account on bestprofessionals.com by including your email address.

(iv) Providing business information ratings as well as manually uploading videos and other content into the End User’s directory listings on the Credibility Generator website (the “End User Content”).

(v) Linking the End User Content to Your YouTube account, Linked In account,and Google business account.

(vi) Uploading Your image and a voice sample so that the Credibility Generator App will create an avatar of You for the purposes of generating additional YouTube videos.

(b) The Credibility Generator App will act as a credibility generator based on the End User Content.

(c) You have the right to edit all End User Content supplied by You to the Credibility Generator App.

(d) We will not post any End User Content until You have approved it by sending an email approving the posting of the End User Content to Us.

(e) The Credibility Generator App will generate an image related to Your End User Content.  That image will only be posted on the Credibility Generator App after You approve it by emailing Your approval of that image to Us.

(f) At this time all non End User Content and images generated by the Credibility Generator App are generated by AI, using the Open AI ChatGPT.  We reserve the right to switch to any other AI format at any time in the future.

(g) The Credibility Generator App will create a blog post that will automatically be uploaded on to www.wintui.com.

(h) You shall be solely responsible for your use of the Credibility Generator App.

(i) You are responsible for all transmission and encryption of Your End User Content inputted into the Credibility Generator App.  All electronic delivery of all End User Content that You inputted into the Credibility Generator App must meet the following conditions: (i) source file(s) shall be exchanged using an encryption protocol approved, in writing, by Us; (ii) exchange of source file(s) over public networks shall take place over an encrypted communication channel; (iii) user ids and passwords must be protected for confidentiality (e.g. SSL, SSH) during authentication; (iv) source file(s) delivered to externally facing or shared file transfer servers must also have the data payload encrypted (e.g. PGP encryption) during transmission, and while at rest on such servers; (v) source file(s) shall be removed from externally facing or shared file transfer servers after successful receipt; and (vi) decryption of encrypted source files shall occur on secure servers with restricted access located behind a firewall.  All exceptions must be approved, in writing, or emailed to Us.  You shall ensure that all End User Content a transmitted over the Credibility Generator App shall be encrypted when transmitted over any wireless network.

(j) You shall not store any End User Content that is unencrypted or on any removable media (USB thumb drives, etc.).  You shall ensure that end user devices (cell phones, laptops, tablets) are secured and maintained properly to reduce the risk of compromise or misuse.  This includes securing device OSs, applications, and communications (e.g., encrypting wired and wireless network traffic) and physically securing devices, such as requiring that laptops be secured using cable locks when in hotels, conferences, and other locations where third parties could easily gain physical access to the devices.

(k) By merely providing access to the Credibility Generator App,  We do not warrant or represent that: (a) any photos, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Credibility Generator App  (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) Your access to the Credibility Generator App will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Credibility Generator App is accurate or complete.

2. CREDIBILITY GENERATOR APP USE AND CONTENT AS WELL AS OUR PRIVACY POLICY

(a) You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Credibility Generator App, except as expressly provided in this Agreement. Any special rules for any items accessible through the Credibility Generator App may be included elsewhere in the Credibility Generator App and are incorporated into this EULA by reference.

(b) We may make changes to the Credibility Generator App, and/or the Content at any time and without further notice to you.  We will make an effort to update the Credibility Generator App with any changes to the EULA.

(c) We know that your privacy is very important to Us as well.  We will limit Our collection of your personal data as follows:

(i). Your personal information, will only be provided to Us, a third party data processor (if We are required to use such third party data processor) and We will then provide that data only to Chat GPT or other AI  service contained on the Credibility Generator App.  You agree that such collection of Your personal information is adequate, relevant, and limited to this purpose, to enable Us to perform Our duties to You pursuant to this End User License.

(ii). Should We include credit card and/or debit card payment options in the Credibility Generator App in the future, then We have to collect either Your credit card or debit card information in order to process Your payment to a licensed contractor in your area

(iii). We will not process Your personal data for purposes that are not reasonably necessary or compatible with the specified purposes listed above for which the data were collected without Your consent.

(iv) We will exercise commercially reasonable efforts to properly secure Your personal data.

(d) We will ensure that the Credibility Generator App gives you the ability to correct any of the information that You submit to Us pursuant to Section 2(c) of this Agreement.

(e) You also have the right to delete any of Your personal data at any time.

(f) You have the right to opt out by informing Us on the Credibility Generator App that You no longer want Us to transmit any of Your personal information to any provider of photos on the Credibility Generator App.  We recommend that You install Global Privacy Control (GPC), which is a protocol available as a browser extension or an option built into some browsers, into Your browser as means of informing Contractors and Subcontractors of Your opt out preferences.  However We do not endorse GPC.

(g) Under no circumstances will We collect, retain, receive, transmit, rent, sell, license, lease, transfer, assign or convey any of the following information regarding any end user, unless such disclosure is required by a final judgment of a federal or state court of competent jurisdiction:

(i) Racial or ethnic origin.

(ii) Religious beliefs.

(iii) Consumer health data.

(iv) Sex life.

(v) Sexual orientation.

(vi) Status as transgender or non binary.

(vii) National origin.

(viii) Citizenship.

(ix) Immigration status.

(x) Registration as a voter of one (1) political party or another.

(xi) Political beliefs.

(h) Under no circumstance may We collect, retain, obtain, transmit, license, lease, rent, sell, convey or assign any  biometric, genetic, or health data of any End User.

(i) If You inform us that You are no longer interested in posting any End User Content on the Credibility Generator App, then we must return all of that End User’s personally identifiable data back to You, and we may not retain any copies of Your personally identifiable data,

(j) Notwithstanding anything in this Agreement to the contrary, if the laws of Your state require Us to enter into an agreement with a third party data processor, or if the nature of the Credibility Generator App requires Us to use a third party data processor, then We will do the following: Provide instructions to any third party data processor to limit any processing of Your personal data to the End User Content that You post on the Credibility Generator App, as well as credit card and debit card processors to process payments that You make to contractors who are subscribers to the Credibility Generator App.  We will require the third party data processors that We use to implement commercially reasonable security measures to protect Your personal data.  We will require third party data processors to return or delete Your personal data;  We will require third party data processors to allow for audits of their handling of Your personal data, and require third party processors to enter into similar contracts with sub-processors.

(k) You have the right to opt out of the processing of personal data for purposes of targeted advertising,  the sale of Your personal data, or profiling in connection with automated decisions that produce legal or similarly significant effects concerning You, provided that You give Us notification by email of Your desire to opt out pursuant to this paragraph.

(l) You consent to receive electronic communications from Us.  We will ommunicate with you by email or by posting notices on Our Credibility Generator App.  You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communication is in writing.

(m) You will not have the right to reverse engineer, modify, disable, or decompile the Credibility Generator App.

3. USER ACCOUNT, PASSWORD, AND SECURITY.

(a) You are responsible for the creation, maintenance, and security of Your User account information, and password.

(b)      You are responsible to protect the privacy of Your username, password, and User Account information.  You are not permitted to circumvent the use of required encryption technologies if any.  You agree to (i) immediately notify Us of any unauthorized use of Your username, password, User Account, or any other breach of security, and (ii) ensure that You exit from your User Account at the end of each session.  While We provide certain encryption technologies and use other reasonable precautions to protect Your confidential information and provide suitable security,  We do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.

(c)        In creating and using Your User Account for use on the Credibility Generator App,  You agree to (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Credibility Generator App (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete.  If You provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then We have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(d)        User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Credibility Generator App with his or her username and password.

4.        ACCOUNT DEACTIVATION.

We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) You request such deactivation; (ii) You are in breach of this EULA, and do not cure all such breaches within 15 business days (except for the following: Your posting of libelous, slanderous, obscene, pornographic or defamatory; your use of the Credibility Generator App in a manner which we believe violates any law or regulation, may harm public safety or public health in which case there is no opportunity for you to cure all such breaches) ,  (iii) you are deceased; (iv) you do not respond to repeated communication attempts regarding the status of your User Account; (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (vi) Your use of the Credibility Generator App violates any laws or regulations;  (vii) You transmit libelous, obscene, slanderous, defamatory or pornographic materials over the Credibility Generator App;  (viii) you act in a fraudulent or an inappropriate manner while using the User Account; (ix) You fail to pay Us for any of our services.; or (x) for conduct that we believe violates this EULA and/or is harmful to other users of the Credibility Generator App, to Us,  to our members, to the contributors, to the business of our Internet service provider, or other information providers.

5. POSTING OF LIBELOUS, SLANDEROUS, OBSCENE, PORNOGRAPHIC, OR DEFAMATORY MATERIALS

You agree not to post any libelous, obscene, slanderous, defamatory, or pornographic materials into the Credibility Generator App.  You agree to use the Credibility Generator App at your sole risk and that we shall have no liability to you for material that may be disturbing, objectionable, or offensive to You that may have been posted by another End User, or any other third (3rd) party.

6. LEGAL COMPETENCY.

You affirm that you are more than 18 years of age and are fully able and competent to enter into the EULA, conditions, obligations, affirmations, representations, and warranties set forth in this EULA, and to abide by and comply with this EULA.  You affirm that you own your house, town house, or condominium, and have full authority to contract with a licensed contractor to complete your proposed home improvement project.  You affirm that this EULA does not conflict with any other document that you have entered into.

7. NO WARRANTIES FOR CONTENT OR USER CONTENT.

(a) The Credibility Generator App is provided to You so that You may provide End User Content on the Credibility Generator App.  The Credibility Generator App may in the future permit the submission of various forms of content submitted by You and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments.  WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY END USER CONTENT.

(b) We do not warrant or represent that: (i) any End User Content on the Credibility Generator App is fair, accurate, or complete; (ii) any AI generate photos on the Credibility Generator App is up-to-date or current; (iii) we have any obligation to update any End User Content; (iv) any End User Content on the Credibility Generator App is free from technical inaccuracies or programming or typographical errors; (v) any End User Content on the Credibility Generator App is free from changes caused by a third party; (vi) any information obtained in response to questions asked through the Credibility Generator App is accurate or complete; and/or (vii) the End User Content is non-infringing of any third party’s intellectual rights.

(c) You shall be solely responsible for Your End User Content, and the consequences of posting or publishing it on the Credibility Generator App.  By providing End User Content to the Credibility Generator App  You hereby grant Us a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish, and perform the End User Content in connection with the Credibility Generator App (and our respective agents, affiliates’ and successors’) business including, but not limited to, publication of any portion or all of the End User Content in any other audio-visual work, in any medium or format, anywhere in the world.  You also hereby grant Us a worldwide, non-exclusive, royalty-free, irrevocable, and sublicensable license to copy, modify, use, reproduce, distribute, publish, republish, and prepare derivative works of, display and perform your End User Content as permitted under this EULA.

(d) You acknowledge that We do not pre-screen End User Content and that We shall have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove any User Content that is available on or through the Credibility Generator App.  You also consent that all End User Content that you post to the Credibility Generator App will at all times be available to us.  Without limiting the foregoing, we shall have the right to remove any End User Content that violates this EULA or is otherwise objectionable, including reviews and ratings that portray Us in a negative light.

(e) You agree to not use the Credibility Generator App to: (i) upload, post, email, transmit or otherwise make available any End User Content that is unlawful, harmful, threatening, abusive, harassing, bullying, tortious, false, defamatory, vulgar, obscene, pornographic, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an official or an employee of Be-Picked; (iv) falsely state or otherwise misrepresent Your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any End User Content transmitted through the Credibility Generator App; (vi) upload, post, email, transmit, or otherwise make available any End User Content that You do not have a right to make available under any law or under contractual relationships; (vii) upload, post, email, transmit, or otherwise make available any End User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us and other users of the Credibility Generator App all of the license rights granted herein; (viii) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (ix) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Credibility Generator App or any of the servers or networks connected to the Credibility Generator App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Credibility Generator App; (xi) intentionally or unintentionally violate any applicable local, state, national, or international law; (xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.

(f) You acknowledge and agree that, in addition to the other uses set forth in this EULA,  We may preserve Your End User Content and may also disclose Your End User Content if We required to do so by law, regulation or order of any court, including an administrative law court.

(g) You acknowledge that (i) We may respond to claims that any End User Content violates the rights of any third parties; or (d) protect the rights, property, or personal safety of the public.

(h) We do not endorse any End User Content on the Credibility Generator website, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with any End User Content on the Credibility Generator website , and User Content.  We do not knowingly permit copyright infringing activities and infringement of intellectual property rights on the Credibility Generator App, and we will remove any such End User Content if properly notified that such End User Content infringes or may infringe on another’s intellectual property rights.  We reserve the right to remove End User Content without prior notice.  Without limiting our right to cause the termination of a User Account for any or no reason, we will also cause the termination of a User Account if You are determined to be a repeat infringer.  A repeat infringer is a user of the Credibility Generator App who has been notified of infringing activity more than twice and/or has had End User Content removed from the Credibility Generator App more than twice.  We also reserve the right to decide whether User Content is appropriate and complies with this EULA for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material.  We may remove such User Content and/or cause the termination of Your access to the Credibility Generator App for uploading such material in violation of this EULA at any time, without prior notice, and at our sole discretion.  You acknowledge and agree that we may disclose your identity in connection with any claim of an intellectual property violation.

8. NO WARRANTIES FOR THE CREDIBILITY GENERATOR APP.

(a) When using the Credibility Generator App, information will be transmitted in such a way that may be beyond our control.  As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the End User Content, or other information transmitted in connection with the use of the Credibility Generator App.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE CREDIBILITY GENERATOR APP IS AT YOUR SOLE RISK. IN THE CREDIBILITY GENERATOR APP, THE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF QUALITY OF COMPUTER PROGRAMS, THE IMPLIED WARRANTY OF ACCURACY OF INFORMATIONAL CONTENT, AS WELL AS THE IMPLIED WARRANTY OF SYSTEM INTEGRATION.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CREDIBILITY GENERATOR APP, THE END USER CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE CREDIBILITY GENERATOR APP, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CREDIBILITY GENERATOR APP, OR THE SERVERS USED IN CONNECTION WITH THE CREDIBILITY GENERATOR APP, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.  WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE CREDIBILITY GENERATOR APP, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE CREDIBILITY GENERATOR APP AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE WITH ANY SOFTWARE USED IN RUNNING THE CREDIBILITY GENERATOR APP.

9.      INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Us and our directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) Your failure to comply with this EULA; (ii) Your breach of your obligations under this EULA; (iii) Your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) any claim that any content inputted by You into the Credibility Generator App is inaccurate;  (v) any claim that any content inputted by You into the Credibility Generator App violates any law or regulation; and/or (vi) any claim that Your End User Content caused damage to a third party.

10.       YOUR RESPONSIBILITIES.

You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted hereunder (and we will have no obligation to verify the accuracy of such data).  You acknowledge and agree that by providing the Credibility Generator App hereunder, We are not rendering insurance services, or surety bonding services.

11. LIMITATION OF LIABILITY.

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE CREDIBILITY GENERATOR APP AND/OR ANY END USER CONTENT PROVIDED IN CONNECTION WITH THE CREDIBILITY GENERATOR APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE CREDIBILITY GENERATOR APP AND/OR ANY CONTENT AND/OR USER CONTENT.  ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE CREDIBILITY GENERATOR APP, INCLUDING BUT NOT LIMITED TO LOST GOODWILL OR LOST PROFITS. WE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT YOU PAID TO US FOR YOUR USE OF THE CREDIBILITY GENERATOR APP DURING THE PAST TWELVE (12) MONTHS.  WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE CREDIBILITY GENERATOR APP,  OR ANY END USER CONTENT. REMEDIES UNDER THIS  EULA ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS EULA.

12. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.

(a) Although We do not presently do so, in the future We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Credibility Generator App by framing or other methods (collectively, “Third Party Content”).  In addition, the Credibility Generator App may include certain applications, features, programs, and services provided by third parties (collectively, the “Third Party Applications”).  We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications.  THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE CREDIBILITY GENERATOR APP,  WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE ARE PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL EULA AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD-PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL EULA, CONDITIONS, AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE CREDIBILITY GENERATOR APP, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links or refers to the Credibility Generator App, it is not an indication of an endorsement, authorization, sponsorship, affiliation, trademark license agreement, joint venture, or partnership by or with Us.  In most cases, We are not even aware that a third party has linked or referred to the Credibility Generator App.  A third party website that links to the Credibility Generator App: (i) may link or refer to, but not replicate, the End User Content; (ii) may not create a browser, border environment, or frame End User Content; (iii) may not imply that We are endorsing it, sponsoring it, marketing on behalf of it, or its products or services; (iv) may not misrepresent its relationship with Us; (v) may not present false or misleading information about Our products or services; and (vi) should not include content that could be construed as distasteful, offensive, or controversial.

13. INTELLECTUAL PROPERTY.

(a) Except for Your End User Content, and except for Content licensed to Us by third parties for inclusion on the Credibility Generator App, We own all copyright and other intellectual property rights to Our Content on the Credibility Generator App, the Credibility Generator App, its source code, its object code, its look, and its design.  Except for Your End User Content, and except for Content licensed to Us by third parties for inclusion on the Credibility Generator App, this Agreement constitutes a work for hire or to the extent that a court of competent jurisdiction holds that this Agreement does not constitute a work for hire, then You agree to assign all copyright and other intellectual property rights to Us for everything regarding Your use of the Credibility Generator App other than Your End User Content that You agree to license to Us pursuant to the terms and conditions of this Agreement.  The term “all copyright and other intellectual property rights” shall mean in all media, whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter invented, including complete and entire interactive rights and rights to derivative works.

(b) You own all copyright and intellectual property rights to Your End User Content.  You agree to license Your End User Content to Us only for purposes of inclusion in the Credibility Generator App.  The license that You grant to Us is a royalty free, worldwide license in perpetuity, in all media, whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter invented.  You warrant that Your End User content is original and does not infringe the copyright or other intellectual property rights to any third party.

(c) No portion of Credibility Generator App, and/or the End User Content may be reproduced, reverse engineered, modified, or disassembled in any form or by any means, except as provided in this EULA.

(d) Except for third party trademarks licensed to Us We own all trademarks, service marks, and logos used and displayed on the Credibility Generator App, in all media whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter, including complete and entire interactive rights and rights to derivative works.

(e) Neither the name of the Credibility Generator App, our subsidiaries or affiliates, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials, without our prior, written permission.

14. COPYRIGHT COMPLAINTS.

(a) We own, protect and enforce copyright and other rights in our intellectual property in all media whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter invented.  We will respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).  Under the DMCA, a copyright owner may give notification to an online service provider of an alleged copyright infringement.  During this process, the service provider responds by taking down the alleged infringing content and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed.  If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.  We may provide copies of such notices to the affected parties or any other third parties, at our discretion and as required by law.  Our Privacy Policy does not protect the information provided in these notices.  When notifying us of potential infringement, you must include the following:

identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Credibility Generator App.

identification of the supposedly infringing material that is to be removed.

information reasonably sufficient to permit Us to locate the material on the Credibility Generator App.

contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address.

a statement that the complaining party has a good faith belief that the use of the material is infringing and/or not authorized by the copyright owner, its agent, or the law.

a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and

the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

(b) A provider of content subject to a claim of infringement may make a counter notification.  To file a counter notification with us, please provide the DMCA Agent with a written communication containing the following:

identification of the supposedly infringing material that is to be removed.

a statement that, under penalty of perjury,  You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and

the signature, physical or electronic, of You or a person authorized to act on your behalf.

(c) We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification and inform the complaining party that We restore the removed or disabled content in ten (10) business days.  If We do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, We will restore the removed or disabled materials.  Until that time, Your materials will remain removed or disabled.

+(c) Notice of alleged infringement must be sent by electronic mail to  “Copyright Infringement” Andrew Colsky, Unit 104,1200 South Arlington Ridge Road, Arlington Virginia 22202 contact@be-picked.com, and by certified mail to. Attn: DMCA AGENT.

(d) Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine.  You could potentially be held liable for costs and attorney’s fees should you file a takedown notice where there is no infringing use.  If you are unsure whether there is an infringement, it may be advisable to seek legal counsel.

15. ADDITIONAL REMEDIES.

You acknowledge that if your conduct is inconsistent with the provisions of this EULA may cause Us irreparable damage for which remedies other than monetary relief may be inadequate.  In such instances, you agree that We may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.

16. GOVERNING LAW AND JURISDICTION.

Except as otherwise expressly provided in this Agreement, You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the State of Virginia.  You agree and hereby submit to the exclusive personal jurisdiction and venue of the Alexandria District Court, Alexandria Circuit Court, and the United States District Court for the Eastern District of Virginia, with respect to such matters.

17. EXPORT CONTROL LAWS.

You may not use or export the Content or materials on the Credibility Generator App in violation of U.S. export laws and regulations.  You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

18. MISCELLANEOUS.

This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral agreements between the Parties.  This Agreement may not be assigned by either Party, without the express written consent of the other.   Each Party to this Agreement is an independent contractor, and neither Party is an agent, employee, joint venture, or partner of the other.

Your Consent To This Agreement

By accessing and using the Credibility Generator App, you consent to and agree to be bound by the foregoing EULA.  If we decide to change this EULA or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the EULA and conditions governing your use of the Credibility Generator App.  Your use of the Credibility Generator App following your acceptance of any amendment of this EULA will signify your assent to and acceptance of its revised EULA for all previously collected information and information collected from you in the future.