Last Updated: July 1, 2010

Terms of Use

StartupAgents Terms of Use
Welcome to the Terms of Use for StartupAgents, Inc.
The terms set forth below (the "Terms of Use") describe the terms on which you may access and use StartupAgents.com and related websites owned by us (collectively, the "Website") and related services (together with the Website, the "Services"). In order to use the Services, you must read and accept all of the terms and conditions of these Terms of Use and our Privacy Policy, available at http://www.startupagents.com/privacy. In these Terms of Use, we may refer to StartupAgents, Inc. as "StartupAgents," "us," or "we," and "you" shall refer to you and, where applicable, to your company. Any and all use of the Services is subject to these Terms of Use. Use of the Website and/or the Services signifies your acceptance of these Terms of Use and our Privacy Policy. In the event of an inconsistency between our Privacy Policy and these Terms of Use, these Terms of Use shall control. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE, YOU MAY NOT USE NOR ACCESS THE WEBSITE OR THE SERVICES.

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting amended terms on the Website. Your continued use of the Website and/or the Services indicates your acceptance of such changes.

  • Description of Service

    StartupAgents is an online matching and network service dedicated to helping startup companies worldwide find the talent they need to build next generation products and services.

  • Membership Eligibility

    The Services are not available to persons under the age of 18 or to users suspended or removed from the system by us for any reason. You must create an account to use the Services (a "User Account"). No user may have more than one active User Account, and you may not sell, trade, or otherwise transfer your User Account to another party. If you do not meet the eligibility criteria to use the Services, you may not use the Services.

  • Use of Service

    Your use of the StartupAgents Service is governed by this User Agreement. StartupAgents may refuse service without prior notice to any user for any or no reason.

    You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify StartupAgents of any unauthorized use of your password or account or any other breach of security. StartupAgents cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

  • Termination

    You agree that StartupAgents may, with or without cause, terminate your User Account and access to the Services without prior notice to you. Without limiting the foregoing, we reserve the right to terminate your use of the Services on any (a) breach or violation of these Terms of Use or other incorporated agreements or guidelines by you, (b) request to do so by law enforcement or other government agencies, (c) request to do so by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity in your User Account. On termination of your User Account, you shall be barred from the Services and all related offerings. Termination of your User Account may also prohibit you from any future use of the Services. You agree that all terminations shall be at our sole discretion and that we shall not be liable to you nor any third-party for any termination of your User Account or access to the Services.

  • User Conduct

    You understand and agree not to use StartupAgents to:

    • Post content or participate in communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
    • Use the StartupAgents Service for any illegal purpose, including but not limited to conspiring to violate laws;
    • Falsely state, impersonate, or otherwise misrepresent your identity, your current or previous positions and qualifications, or your past or present affiliations with a person or entity;
    • Upload, post, email, transmit or otherwise make available any content or participate in communications that include information that you do not have the right to disclose or make available under any law or contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Upload, post, email, transmit or otherwise make available any content or participate in communications that infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. This prohibition includes but is not limited to a) using the invitations function of the Services to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) using the Services to connect to people who do not know you and sending unsolicited promotional messages to such people; and c) sending messages to distribution lists, newsgroup aliases, or group aliases;
    • 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;
    • Stalk or harass any person or entity;
    • Manipulate identifiers and/or headers in order to disguise the origin of any communication transmitted through the Services;
    • Post content in fields that are not intended for that content, such as putting an address in a name or title field;
    • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
  • International Use

    You agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, 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.

  • Information Provided on this Website

    You understand that by posting materials on or through the Services or otherwise providing materials to us, you are granting to us a royalty-free, perpetual, irrevocable license to use this information in any manner in the course of offering the Services. Furthermore, you understand that we retain the right to reformat, excerpt, or translate any materials submitted by you.

  • Access to Service

    Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, the Website, the content included therein or any other part thereof. You also agree not to "frame" or otherwise simulate the appearance or function of the Website. Furthermore, you agree not to take any action that interferes with the functionality of the Website or places an unreasonable load on our infrastructure, including but not limited to sending unsolicited communications, attempting to gain unauthorized access, or transmitting or activating computer viruses.

  • StartupAgents Communications

    In the course of providing the Services, StartupAgents may need to communicate with you (see our Privacy Policy to learn more about communications and notifications). Among others, you agree to receive communications that are necessary for the functioning of the Services, including a series of welcome emails that help inform new users about various features of the Services. You also agree to have your public profile name listed in the header of communications which you initiate through the Services. All notifications are governed by the notifications provisions in our Privacy Policy.

  • Member Submissions

    In the course of using the Services, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by StartupAgents ("Content") or by other users of the Services ("User Submissions") to the Services is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions, By transmitting your User Submissions to the Website or otherwise through or using the Services, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

    You shall retain all of your ownership rights in your User Submissions; however, by submitting material to StartupAgents, you grant StartupAgents the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and StartupAgents's business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify StartupAgents for any claim regarding StartupAgents's use of your User Submissions.

    When using the Services, you may be exposed to User Submissions from a variety of sources, and StartupAgents is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot and do not guarantee the authenticity or accuracy of any data that users may provide about themselves or relationships they may describe.

    We do not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.

  • DMCA Notice

    We believe in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

    A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    B. Identification of the copyrighted work that you claim has been infringed;
    C. Identification of the material that is claimed to be infringing and where it is located on the Faculte website;
    D. Information reasonably sufficient to permit Faculte to contact you, such as your address, telephone number, and e-mail address;
    E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

    The above information must be submitted to the following DMCA Agent:

    Name: Lee Diamond
    Attn: DCMA Notice
    PO Box 7775 #76339
    San Francisco, California 94120-7775
    Support [ @ ] StartupAgents.com
  • Monitoring and Enforcement

    While we have the right to monitor activity and content associated with the Services, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users to the Services. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Services, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.

  • Fees

    Signing up for a basic User Account is free. StartupAgents reserves the right to charge for use of the Services or any portion thereof, to determine and modify all pricing related to the Services, and to add to, modify or discontinue the Services or any portion thereof without prior notice.

  • Indemnification

    By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless StartupAgents, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Services; ii) unauthorized access to or alteration of your communications with or through the Services, or iii) any other matter relating to the Services. Any business transactions which may arise between users from their use of the Services are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.

  • Disclaimer of Warranties

    YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE SERVICES OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE UNDERLYING THE SERVICES OR IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STARTUPAGENTS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  • Entire Agreement

    These Terms of Use constitute the entire agreement between you and StartupAgents and supersedes any prior agreements, written or oral, between you and StartupAgents.

  • Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $100.00.

  • Governing Law

    These Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

  • General Information

    StartupAgents, the StartupAgents logo, and other StartupAgents logos and names are trademarks of StartupAgents Corporation. You agree not to display or use these trademarks in any manner without our prior written permission. The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Use, to:

    StartupAgents, Inc.
    Attn: User Agreement Issues
    440-A 9th Street
    San Francisco, California 94103