1.2 JobMonkey, Inc. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on our site. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by JobMonkey, Inc. as permitted above.
Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.3 The Service is directed to adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. JobMonkey, Inc. complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for the Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated by JobMonkey, Inc.
By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the "Member Profile") must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so via the profile page links available through the Service.
2. Use of Content
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of JobMonkey, Inc. (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of JobMonkey, Inc. or third parties. All Content on the Service is copyrighted as a collective work of JobMonkey, Inc. pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.
2.2 Except as expressly permitted in Section 2.3 of this Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforces limitations on use.
You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express permission from the owner and content in the public domain (collectively, the "Material"). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to JobMonkey, Inc. and its successors, assigns and licensees (collectively, "Licensee") a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the "License"), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee's rights under the License shall not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
2.3 You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended ("Copyright Act") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
It is your responsibility to check the accuracy or relevant facts and opinions given on the site before entering into any commitment based upon them.
3. Rules of Conduct
The following is an incomplete list of illegal and prohibited uses of the Service. JobMonkey, Inc. may investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, termination of your right to access the Service, and civil, criminal, and injunctive redress. While utilizing the Service, you may not:
- Use the Service to solicit users to join competitive online services;
- Post on the Service any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service;
- Reformat or frame any portion of any web page that is part of the Service;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship of that Material by the Service and/or JobMonkey, Inc., falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
- Submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party's written consent;
- Promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
- Submit Material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity.
4. Managing Content
JobMonkey, Inc. reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Service) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, JobMonkey, Inc. does not and cannot review all of the Content posted by users on the Service and is not responsible for such Content. You shall remain solely responsible for all Material. Although JobMonkey, Inc. reserves the right to remove any offending Content on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.
Additionally, JobMonkey, Inc. shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 JobMonkey, Inc. does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of JobMonkey, Inc.
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that JobMonkey, Inc. is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold JobMonkey, Inc. and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "JobMonkey, Inc. Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any JobMonkey, Inc. party in connection with any Material or with use or alleged use of any Content or the Service, including any use under your password by any person, whether or not authorized by you. JobMonkey, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with JobMonkey, Inc.'s defense of such claim.
7. Termination of Service
JobMonkey, Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your membership of the Service at any time, for any reason, by emailing JobMonkey, Inc. at firstname.lastname@example.org. Once your membership terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. JobMonkey, Inc. may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
9. DMCA Notice
JobMonkey, Inc. owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via the Service by third parties not within the control of JobMonkey, Inc. It is our policy not to permit materials known by us to be infringing to remain on the Service. You should notify us promptly if you believe any materials on the Service infringe a third party copyright.
Please provide us with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
(b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.
Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), JobMonkey, Inc. will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), JobMonkey, Inc. has designated the President of JobMonkey, Inc. as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Service.
The contact information is:
Attn: Matthew Lucas, President
PO Box 16668
Seattle, WA 98116
10. Disclaimer of Warranties; Limitation of Liability.
10.1 NEITHER JOBMONKEY, INC. NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES JOBMONKEY, INC., ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF JOBMONKEY, INC., THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER JOBMONKEY, INC. NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that JobMonkey, Inc. is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another's rights.
Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.
10.2 NEITHER JOBMONKEY, INC., ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
10.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of JobMonkey, Inc., third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
11. Refund and Cancellation Policies (Employer Accounts)
It is the policy of JobMonkey, Inc. not to refund or cancel orders. All sales are final. All purchased items must be used within 365 days of the date of purchase. Should the use of an item take place over more than one day, then the use of that item must commence within 365 days of the date of purchase.
JobMonkey, Inc. prides itself on providing the maximum value to our clients at the lowest possible price but we always stand behind our work. If we ever fail to properly deliver a job posting, banner ad, targeted email, or other advertising campaign, at our sole discretion we will either (1) make good by re-delivering the deliverable at no additional charge or (2) providing a refund to you up to the amount you've paid for the campaign. IN NO EVENT WILL JOBMONKEY, INC. OR ANY OF OUR OTHER AFFILIATED COMPANIES BE LIABLE FOR ANY LIABILITY OR DAMAGE IN CONNECTION WITH ANY CAMPAIGN, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, BEYOND TAKING THE ACTIONS DESCRIBED IN THE PREVIOUS SENTENCE. THIS LIMITATION ON OUR LIABILITY SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS IN CONTRACT, TORT, OR OTHERWISE. You acknowledge that the pricing of our products and services depends upon this limitation of our liability (i.e., that our liability is limited to the amount we receive for the campaign) and we would not have agreed to assist you with your advertising campaign at such pricing without this limitation on our liability.
12. Anti-Fraud (Employer Accounts)
Users occasionally post to JobMonkey, Inc. and other job boards advertisements which are not legitimate employment opportunities. We try to prevent such postings from ever going live and delete those which sneak through when we find them.
Do not advertise:
- Fee-based programs such as fee-based training programs, fee-based placements or positions requiring the purchase of supplies or a training kit.
- Events, services or programs such as career fairs, test preparation courses, etc.
In its sole discretion, JobMonkey, Inc. may require additional documentation from any User should JobMonkey, Inc. have reason to believe that the User plans to use JobMonkey, Inc. as part of an effort to commit fraud or any other crime. Such documentation may include but is not limited to copies of government-issued identification papers, Articles of Incorporation, Doing Business Under an Assumed Name Certificate, and Better Business Bureau reviews.
Should JobMonkey, Inc. in its sole discretion decide your posting is not for a legitimate employment opportunity or not be satisfied with the documentation you provide, we may retain any fees you paid until such time when you are ready, willing, and able to post a legitimate employment opportunity and/or produce the requested documentation. At that time, JobMonkey, Inc. will activate your account so that you can make use of the item you purchased
13. Member Disputes
You are solely responsible for your interactions with other Members of the Service. JobMonkey, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
14. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Except for JobMonkey, Inc. owned links, JobMonkey, Inc. is not responsible for the content of these Internet sites.
While efforts have been taken to ensure that the pages on the Site are free from viruses, JobMonkey, Inc. gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
JobMonkey, Inc. excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of JobMonkey, Inc. or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
- The pages on the Site or any other Internet sites;
- Any material downloaded from the Site or any other Internet sites;
- Any publication, product or service.
17. Miscellaneous; Jurisdiction of Disputes
This Agreement shall be construed in accordance with the laws of the State of Washington, without reference to principles of choice of law. You and JobMonkey, Inc. each irrevocably consent to the personal jurisdiction of the federal or state courts located in King County, Washington (the "Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.