1. Your Acceptance and Contractual Relationship.
You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you shall not use the Service at any time or in any manner or submit any information to the Provider or the Service.
3. Modifications to the Terms or to the Service.
(a) Terms: Provider can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and by providing a notice on the Site. If you do not agree with any of the updated Terms, you must stop using the Service. (b) Service: Provider may make changes to the Service at any time, without notice. If you object to any changes to the Service, your only recourse will be to cease using it. Continued use of the Service following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Service as modified. Some elements of the Service may only be offered in the desktop version of the Site and may not be, for example, available in the mobile version of the Site. We also reserve the right to discontinue the Service or any component of it, at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.
4. Your Content and Your License to Us.
As a Registered User you may upload, post, share, reframe, transmit or otherwise make available (“Make Available”) your User Content through the Service. “User Content” means, without limitation, your Account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials, testimonials, submissions, photos, pictures and/or any other information you provide on or through the Service or that we may create for you. When you create an Account or provide career information on or through the Service (including via forms available on the Site or by uploading a resume) you agree that you are solely responsible for the accuracy of your User Content. You agree that Provider may offer information that is of most interest to you. You may choose to make some of your User Content public on the Service. For some of our features, other members may be able to request email notifications of your new public User Content or publish their own comments to your comments. We may use the public User Content to improve our service, make connections with potential employers, personalize site views, market services or identify or feature popular members.
For clarity, you retain ownership of your User Content at all times. However, by posting, uploading and/or Making Available any User Content within the Service, and/or by providing any communication or material to Provider, you automatically:
(a) Grant Provider a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable through multiple tiers, and transferable, license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Provider' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (now known or later developed). We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that Content to any requirements or limitations within the Service, or of any networks, devices, services or media. You also hereby grant each user of the Service a non-exclusive license to access your public User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. To the extent permitted by applicable law, (i) the above licenses granted by you in User Content you submit to the Service will survive even if you remove or delete your User Content from the Service and, (ii) the above licenses granted by you in forum comments, testimonials or submissions you submit are perpetual and irrevocable. Except with respect to your User Content, you agree that you have no right or title in or to any other content or Materials (see Section 11 below) that appears on or in the Service, including, but not limited to any information associated with another Account or user profile or stored on or in the Service.
(b) To the extent permitted by applicable law, waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) Appoint Provider as your agent with full power to enter into any document and/or do any act Provider may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) Warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party; (e) Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Provider shall not be liable for any use or disclosure of such User Content.
5. Our Community and Our Acceptable Use Policy.
This section provides the acceptable use policy ("AUP") which defines acceptable practices relating to the use of the Service, including limitations on User Content, system abuse and security. The Service must be used in a manner that is consistent with the intended purpose of the Service and the terms of the applicable agreement with Provider, including our Terms. By using the Service, you consent to be bound by the terms of this AUP. If you do not agree with anything in this section, you must discontinue use of the Service. For purposes of this section, “Provider” includes all of Provider’s affiliates, including direct and indirect subsidiaries.
(a) Summary of Generally Prohibited Conduct: You will not use the Service to transmit, distribute or store material in a manner that: (i) violates any applicable law or regulation; (ii) may adversely affect the Service or other Users; (iii) may expose Provider to criminal or civil liability, or (iv) violate, infringe upon or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights. You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this section or another provider's policy.
(b) Responsible Use of the Service: Please act responsibly when using the Service. You may only use the Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Service. You may not collect or store personal information from other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through the Service are the sole responsibility of the sender, not Provider, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Service.
(c) Content Limitations. We require that you do not post resumes, cover letters, send e-mails or submit to or publish through forums available on the Service, or otherwise make available on the Service any content, or act in a way, which in our opinion:
Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
Violates any law or may be considered to violate any law;
You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
Advocates or promotes illegal activity;
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; Solicits funds, advertisers or sponsors;
Includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Service;
Copies any other pages or images on the Service except with appropriate authority;
Includes illegally sourced MP3 format files;
Amounts to a “pyramid” or similar scheme;
Amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites);
Disobeys any policy or regulations established from time to time regarding use of the Service or any networks connected to the Service; or Contains links to other sites that contain the kind of content that falls within the descriptions described above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Provider anywhere on the Service (e.g., on any web space made available for your use). PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS ACTIVITY.
(d) System Abuse: Without limitation, you agree not to: Send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person;
Copy, display, distribute, duplicate, aggregate, redistribute, alter or modify, any of the content available within the Service, or User Content in any medium, or to any other individual or entity, other than as may be reasonably necessary to use the Service for their intended purpose;
Use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce content within the Service and/or the Service itself;
Use or copy the Service including any data you view on and/or obtain from the Service to provide any product or service that is competitive to the Service determined in Provider's sole discretion;
Interfere with, interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment;
Use the Service in any manner that could damage, disable, overburden, or impair any Provider’s server, or networks connected to any Provider’s server, or interfere with any other party’s use and enjoyment of the Service;
Gain unauthorized access to the Service, other accounts, computer systems or networks connected to any Provider’s server or to the Service, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
Reverse engineer, decompile or disassemble any software accessed through the Service, including any proprietary communications protocol used by Provider;
Use information obtained from the Service to transmit any commercial, advertising or promotional materials without Provider’s written permission and except as expressly authorized by Provider, advertise or offer to sell or buy any goods or services for any purpose;
Provide any contact information which is not current and accurate, impersonate or create a false identity or falsify any information;
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service, or other user or usage information or any portion thereof;
Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; or Reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.
(e) Violation of Security Systems: You are prohibited from using any services or facilities provided in connection with the Service to compromise its security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Provider reserves the right to release your details to system administrators at other sites or to law enforcement in order to assist them in resolving security incidents.
(f) Responsibility for Content. Provider takes no responsibility for any material created or accessible on or through the Service and will not exercise any editorial control over such material. Provider is not obligated to monitor such material, but reserves the right to do so. You acknowledge that Provider has no obligation to pre-screen User Content, although Provider reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation videos, comments, any chat, text, or voice communications that may be facilitated through the Service. In the event that Provider pre-screens, refuses or removes any User Content, you acknowledge that Provider will do so for Provider’s benefit, not yours. Provider may provide you with tools to flag User Content, however, Provider makes no promises or representations regarding removal of flagged User Content.
If you purchase any services that Provider offers for a fee, either on a one-time or on a subscription basis, you agree that Provider’s third-party vendors may store your payment information. You also allow Provider, through such third-party vendors, to use your payment method on file to process your subscription recurring charges and to process un-scheduled purchase transactions made by you through the Site. You also agree to pay the applicable fees for the services you order (including, without limitation, periodic fees for monthly or annual subscriptions, or any additional administrative charge that may be applied) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services you order will be described on the offer page on the Site. When you sign up for automatic or recurring billing, you will be again notified of the billing terms and how to stop recurring billing on your transaction receipt. By signing up for Provider services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site.
7. Our Intellectual Property, Trademarks and Copyrights.
Except with respect to your User Content and other Registered Users’ Content, you agree that, as between you and us, Provider (and our affiliated companies and suppliers) own all rights, title and interest in the Service and all tools, and all related intellectual property rights. The Service as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Provider or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all data files, program files, software, code, proprietary methods, systems and other materials that are made available to download from or used to provide the Service ("Materials") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. The Materials are protected by copyrights, patents, trade secrets or other proprietary rights. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Materials. Nothing in this Agreement grants you any right to receive delivery of a copy of our Materials or to obtain access to our Materials except as generally and ordinarily permitted through the Service according to these Terms. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its “look and feel”, constitute trademarks, tradenames, service marks, trade dress or logos ("Trademarks") of us or other entities. All Trademarks not owned by Provider that appear on this site are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Service. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.