YOU ACKNOWLEDGE THAT THE SITE SERVES AS A VENUE FOR THE ONLINE DISTRIBUTION AND PUBLICATION OF USER-SUBMITTED INFORMATION BETWEEN HIRING COMPANIES AND JOB SEEKERS (AS DEFINED BELOW), AND, IF YOU ARE SUBMITTING A USER REGISTRATION TO USE A "RESTRICTED AREA" (AS DEFINED BELOW), YOU HEREBY CERTIFY THAT (1) YOU ARE EITHER A HIRING COMPANY OR JOB SEEKER; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND THE COMPANY OR INDIVIDUAL THAT YOU REPRESENT; (3) YOU AUTHORIZE THE TRANSFER OF PAYMENT FOR SERVICES REQUESTED THROUGH THE USE OF THE SITE; AND (4) AS STATED ABOVE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE TERMS AND ANY OTHER DOCUMENTS INCORPORATED BY REFERENCE HEREIN.
WorkScene facilitates online recruiting transactions between hiring companies (each, a "Hiring Company" and collectively, "Hiring Companies") and job seekers (each, a "Job Seeker" and collectively, "Job Seekers") through the Site (the "Services"). In addition, WorkScene offers certain information, documents and products on and through the Site, including content, trademarks, logos, graphics and images that are not Job Postings and/or Candidate Resumes (as defined below) (together, the "Materials") are provided to you by WorkScene and are the copyrighted work of Work Scene Media, LLC or WorkScene's other users.
WorkScene grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Services and the Site solely for your internal business use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis
You will need a password to login to the Site and use certain functions and areas within the Site ("Restricted Areas"). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify WorkScene if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify WorkScene of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members' contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member's contact information to any third party that is not a registered member of WorkScene.
You are prohibited from doing any of the following when using the Site and/or Services:
By using the Services, you consent to receiving electronic communications from WorkScene. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Services. These electronic communications are part of your relationship with WorkScene and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Certain information and content that are not Job Postings and/or Candidate Resumes may be provided by third party licensors and suppliers to WorkScene ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. WORKSCENE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Site may be linked to other sites that are not WorkScene Sites. WorkScene is providing these links to you only as a convenience, and WorkScene is not responsible for the content or links displayed on such sites.
By using this Site and/or the Services, you represent, covenant and warrant to WorkScene the following: (a) you have the authority to enter into these Terms and bind the company that you represent; (b) you are either a Hiring Company or a Job Seeker and (c) you are using this Site and/or the Services solely for lawful purposes and purposes not prohibited by these Terms.
You acknowledge that you are responsible for the information and material that you submit, including without limitation, any job opportunities and/or job postings (each, a "Job Posting") or candidates and/or candidate resumes (each, a "Candidate Resume") you make available on this Site, public posting areas on the Site, emails or other services available in connection with this Site, and that you, and not WorkScene, will have full responsibility for each of your Job Postings or Candidate Resumes, as applicable, including their legality, reliability, form, content and accuracy.
Because User authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the Web Site, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You represent and warrant that: (i) you have the right to grant the license set forth in this section, and (ii) the posting of your Job Posting and/or Candidate Resume on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Job Posting and/or Candidate Resume posted by you to or through the Site.
WorkScene asks that you respect the WorkScene online community as well as other individuals participating within the WorkScene online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Job Postings and/or Candidate Resumes to or otherwise using the Site and/or the Services, you agree not to, without limitation:
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require WorkScene to monitor, police, or remove any Job Posting and/or Candidate Resume or other information submitted by you or any other user. WorkScene reserves the right to (a) terminate your access to your account, your ability to post to the Site or the Services and (b) delete or remove any Job Postings and/or Candidate Resumes with or without cause and with or without notice, for any reason or no reason, or for any action that WorkScene determines is inappropriate or disruptive to the Site, Services or to any other user of the Site and/or Services. WorkScene may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at WorkScene's discretion, WorkScene will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You acknowledge and agree that the Site is only a venue for Hiring Companies to post job opportunities and for Job Seekers to post their candidate profiles and submit resumes. WorkScene does not screen or censor the Job Postings and/or Candidate Resumes. WorkScene is not involved in the actual transaction between any Hiring Company and any Staffing Vendor. You understand that your interactions and dealings with other users of the Site are solely between you and such other users. WorkScene shall not be responsible for any loss or damage of any kind incurred as a result of any such interactions and/or dealings, and WorkScene will have no obligation to become involved in any dispute between any users, including, without limitation, any billing and/or payment disputes between one Site user and another arising from or in connection with such users' use of the Site and/or the Services.
WorkScene does not have any control over the quality, suitability, truth, accuracy, timeliness, safety or legality of the job listings posted or the candidate profiles submitted. You assume all risks associated with dealing with other users with whom you come in contact through the Site and/or the Services.
Job Postings and/or Candidate Resumes and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold WorkScene and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) WorkScene or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Job Posting and/or Candidate Resume, as applicable) violates any applicable law or regulation, or the rights of any third party.
WorkScene is a trademark of WorkScene, LLC in the United States. All other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of WorkScene, Copyright ©2012-3 WorkScene. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
WorkScene respects the intellectual property of others, and we ask you to do the same. WorkScene may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Site, please provide WorkScene's copyright agent the following information:
WorkScene's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Work Scene Media, LLC
2010 Corporate Ridge, Suite 700
McLean, VA 22102
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
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. Section 512(g)(3) to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
Work Scene Media, LLC
2010 Corporate Ridge, Suite 700
McLean, VA 22102
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner may report potentially infringing items through WorkScene's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
You shall defend, indemnify and hold harmless WorkScene, its successors and assigns and its employees, officers, directors, affiliates and agents from any third party claims, actions, suits, damages, losses and demands, including, without limitation, attorneys' fees, arising from or relating to: (i) a breach of your representations and warranties or any of these Terms or (ii) your use of the Services or (iii) any Job Posting and/or Candidate Resume you make to the Site, as applicable.
Your use of this Site and/or the Services is at your own risk. Neither the Materials, Job Postings and/or Candidate Resumes nor the Third Party Content have been verified or authenticated in whole or in part by WorkScene, and they may include inaccuracies or typographical errors. WorkScene does not warrant the accuracy of timeliness of the Materials, Job Postings and/or Candidate Resumes or the Third Party Content contained on this Site. WorkScene has no liability for any errors or omissions in the Materials, Job Postings and/or Candidate Resumes and/or the Third Party Content, whether provided by WorkScene or our licensors.
WORKSCENE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE JOB POSTINGS AND/OR CANDIDATE RESUMES OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, JOB POSTINGS AND/OR CANDIDATE RESUMES, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WORKSCENE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
WORKSCENE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR USE OR RELIANCE ON THE SERVICES AND/OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR JOB POSTINGS AND/OR CANDIDATE RESUMES, AS APPLICABLE. IN NO EVENT SHALL WORKSCENE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATED TO THESE TERMS AND/OR YOUR USE OF THE SERVICES HOWEVER ARISING, EVEN IF WORKSCENE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WORKSCENE SHALL NOT BE LIABLE FOR ANY ACTIONS, OMISSIONS AND/OR DECISIONS MADE BY ANY USER OF THE SITE, INCLUDING, WITHOUT LIMITATION, HIRING DECISIONS.
IN NO EVENT SHALL WORKSCENE'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (USD $500).
All disputes between a Hiring Company or a Job Seeker and WorkScene relating to or arising from these Terms will be arbitrated according to the rules of the American Arbitration Association (AAA) in the Commonwealth of Virginia, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages, claims and awards will be governed by the provisions of the laws of the Commonwealth of Virginia, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys' fees. The proceeding and the decision shall be kept confidential by the parties. The arbitration award may be enforced in any court having jurisdiction over the parties and the subject matter of the arbitration.
WorkScene controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
WorkScene prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by WorkScene, will result in termination of your access to the Site or Restricted Areas. WorkScene has the right to immediately terminate any password-restricted account for any reason at any time. WorkScene reserves the right, in its sole discretion, to delete your Job Postings and/or Candidate Resumes, as applicable, from the Site.
You may not assign these Terms to any third party without the prior written consent of WorkScene. The laws of the Commonwealth of Virginia and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be exclusively heard in the federal courts located in the Commonwealth of Virginia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. WorkScene's failure to enforce any of these Terms is not a waiver of such term. The Terms, and any other documents referenced herein, are the entire agreement between you and WorkScene and supersede all prior or contemporaneous negotiations, discussions or agreements between you and WorkScene about the Site and/or the Services. The proprietary rights, disclaimer of warranties, indemnities, limitation of liability, limitation on damages and general provisions shall survive any termination of these Terms