Terms and Conditions of Use
Effective March 3, 2015
A. INTRODUCTION AND ACCEPTANCE
B. INTELLECTUAL PROPERTY
C. WEBSITE ACCESS AND USE
D. USER REGISTRATION
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you agree that you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of the Website not available to non-registered users. You are solely responsible for the form, content and accuracy of any such information you submit, including but not limited to resumes and material contained therein, and for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at privacy@DreamJobbing.com of any breach of security or unauthorized use of your Membership.
E. USER CONTENT
We permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility whatsoever for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
Moreover, any conduct by a user that in our sole and absolute discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant,
or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use,
distribute, publicly display, transmit, and publish the User Content (in whole or in part) on or in
connection with the Website, the promotion of the Website, and/or the promotion of our clients
and/or promotional partners and their products or services, by any and all means of distribution and exploitation now known or hereafter devised.
By submitting User Content to us, you also grant us the right, but not the obligation to use your
biographical information including, without limitation, your name and geographical location in
connection with your User Content. You waive any and all claims you may now or later have
in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User
By submitting User Content to us, you also acknowledge and agree that certain portions of your User Content that relates to job postings including without limitation video and still photos, may not be utilized or accepted by a given employer offering such job or position.
By submitting User Content to us, you also acknowledge and agree that your User Content that relates to job postings may be kept and retained by the given employer as a record of such job application process and/or to conduct effectiveness and impact analyses.
We reserve the right to display advertisements in connection with your User Content. You
acknowledge and agree that your User Content may be included on the websites and advertising
networks of our distribution partners and third-party service providers (including their
downstream users) by any and all means of distribution and exploitation now known or hereafter devised.
F. MEMBER INVITES
The "Member Invite" area of the Website is solely a communications platform for enabling connections and collaboration amongst Website users. We do not take part in the interaction between you and any other Website user in connection with Member Invites. Furthermore, we do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Member Invite, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Website users in connection with any Member Invite. We make no representations about the suitability, reliability, timeliness, legality or accuracy of any aspect of any Member Invite. We do not perform background checks on any Website user, and we cannot confirm that any particular Website user is who they claim to be. We do not assume any responsibility for the accuracy or reliability of any information provided to you in connection with any Member Invite.
NEITHER WE NOR THE AFFILIATED COMPANIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY WEBSITE USER. WE AND OUR AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR PARTICIPATION IN ANY MEMBER INVITE.
Member Invites are conducted solely between Website users. We will not be a party to any Member Invite or any contest or contract entered into amongst Website users in connection with any Member Invite.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, the Affiliated Companies or other third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
H. PROMOTIONS; PROMOTION SUPPORT
Any use of robotic, macro, automatic, programmed or other methods that simulate a user's individual use of the Website's 'Like' button or other Website features that allows users to show their individual support for Promotions by means of specific comments, pictures, wall posts, statuses, or fan pages (all such support features, the "Promotion Support") will void all such Promotion Support and DreamJobbing and/or the Affiliated Companies reserve the right to nullify any and all such Promotion Support and to disqualify the responsible individual from providing Promotion Support. Any attempt by a user and/or his/her family/friends to provide Promotion Support more than the number of times authorized herein using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by DreamJobbing and/or the Affiliated Companies in their sole discretion, shall give DreamJobbing and/or the Affiliated Companies the right to disqualify and remove such user and any related Promotion Support as DreamJobbing and/or the Affiliated Companies determine in their sole discretion. Any attempt by any user to submit more than the stated amount of Promotion Support by using multiple/different email addresses, identities or any other method will void that user's Promotion Support. Users are prohibited from obtaining Promotion Support by any fraudulent or inappropriate means, including, but not limited to, offering prizes or other inducements to members of public, paying or otherwise engaging a third party service to provide Promotion Support for or obtain Promotion Support for a given Promotion, or collaborating with other individuals or groups to trade Promotion Support, as determined by DreamJobbing and/or the Affiliated Companies, in their sole discretion, and DreamJobbing and/or the Affiliated Companies reserves the right to nullify any and all such Promotion Support and to disqualify from the Promotion the responsible user and/or Promotion contestant. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF ANY PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND DREAMJOBBING AND THE AFFILIATED COMPANIES EACH RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
I. WEBSITE CONTENT & THIRD PARTY LINKS
We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
In many instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, employees, partners, agents, clients, and distribution partners, Affiliated Companies, and each of their related companies (collectively, the "Indemnified Entities") from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
J. COPYRIGHT INFRINGEMENT CLAIMS
We and the Affiliated Companies have adopted the following policy toward copyright infringement with respect to the Website in accordance with the Digital Millennium Copyright Act ('DMCA'), a copy of which is located at http://www.copyright.gov/legislation/dmca.pdf
Copyright Policy. It is our policy to comply with the DMCA and any equivalent law in other countries where the Website and its services Services are made accessible. We shall:
Copyright Notice. Copyright owners or any agents thereof who believe that any Website Content or User Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C Â§ 512(c)(3) for further detail):
You acknowledge and agree that if you fail to comply with the requirements dictated above, your DMCA notice may be invalid. Please also note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification. If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Â§ 512(g)(3) to confirm these requirements):
If we receive a Counter-Notification, we may send a copy of the Counter-Notification to the original complaining party informing them that they may replace the removed Website Content or User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the given Website Content or User Content provider, member or user, the removed Website Content or User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. THE WEBSITE AND WEBSITE CONTENT AND ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED ENTITIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE WEBSITE WILL BE CORRECTED. FURTHER, IN RELATION TO JOB POSTINGS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EMPLOYERS (I.E. THOSE OFFERING THE GIVEN JOB OR POSITION), ARE SOLELY RESPONSIBLE FOR THEIR POSTINGS ON THE WEBSITE, THAT THE INDEMNIFIED ENTITIES (EXCEPT WITH RESPECT TO THE GIVEN EMPLOYER POSTING THE GIVEN JOB OR POSITION) ARE NOT TO BE CONSIDERED TO BE AN EMPLOYER WITH RESPECT TO YOUR USE OF THE WEBSITE AND THAT THE INDEMNIFIED PARTIES (EXCEPT WITH RESPECT TO THE GIVEN EMPLOYER POSTING THE GIVEN JOB OR POSITION) SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON, MADE BY ANY ENTITY POSTING JOBS OR POSITIONS ON THE WEBSITE.
M. LIMITATION ON LIABILITY
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
Subject to the retention of job posting information as set forth in section E above, you acknowledge and agree that if you terminate your Membership or if your Membership is otherwise terminated, your account information, including any saved resumes, contacts, and email contacts will be marked as deleted in and may be deleted from the Website and related databases. Such information may continue to be available for some period of time because of delays in propagating such deletion through the website and related databases.
O. CHOICE OF LAW; JURISDICTION AND VENUE
P. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Q. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
R. AMENDMENT; ADDITIONAL TERMS