CareerApple and its partners shall have the right, at their sole discretion, to modify, add or remove any terms or conditions of this Agreement without notice or liability to you. Any changes to this Agreement shall be effective immediately following the posting of such changes on this website. The most recent version of this Agreement may always be found at www.CareerApple.com/terms.php. You agree to review this Agreement from time to time and agree that any subsequent access or use by you of this website following changes to this Agreement shall constitute your acceptance of all such changes.
2. Eligibility and Registration.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, do not access or visit the Site or use any Service. Access to the Site and/or use of the Service is void where prohibited by applicable law, and the right to access the Site and use the Service is revoked in such jurisdictions. If you wish to submit material for a profile on, or submit content to, the Site, you will be required to register with CareerApple. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is not true, inaccurate, or incomplete, or if CareerApple has reasonable grounds to suspect that the information is false, inaccurate, misleading or incomplete, CareerApple has the right to suspend or terminate your membership and access to the Site. As part of the registration form, you will be asked to provide a valid email address that you own and use and to select a password and user name ("User ID"). You may not: (a) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (b) use as a User ID a name subject to any rights of a person or entity other than yourself without appropriate authorization; or (c) use a User ID that CareerApple, in its sole discretion, deems offensive. CareerApple reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password, including use of the account by any third party authorized by you to use your User ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, Any User ID and password provided to you for your access to the CareerApple Service shall be for your personal use only. You agree to: (y) immediately notify CareerApple of any unauthorized use of your User ID or password (or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, and (z) ensure that you exit from your account at the end of each session.
3. Non-commercial Use.
The Site is made available for your personal, non-commercial use. The Service and Site may not be used in connection with any commercial endeavors except those that are specifically approved in writing by CareerApple.com. Illegal and/or unauthorized use of the Site or Service, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of your membership and access to the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the CareerApple Site or Service.
4. Third Party Sites and Services.
5. Content on the Site.
The Site includes a combination of content that CareerApple creates, that our partners create, that other third parties create, and that you and our other users create. All content published, displayed, cached or made available on the Site or through the Service, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation ("Content"), are protected by copyrights and may be protected by other intellectual property rights such as trademarks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content on the Site in whole or in part unless expressly permitted by the content owner.
6. Submitting Your Content.
Subject to your acceptance of this Agreement, you may submit text, files, images, photos, video, sounds, musical works, works of authorship, or any other material for hosting and display on the Site in any manner the Site allows. If you wish to submit material for a profile on the Site, in addition to the eligibility and registration information described above, you will be asked to answer a series of questions that will assist CareerApple in creating your profile. All content so designated by you and contained within or provided by you in association with such content, including but not limited to all closed captioning, and metadata, is referred to collectively as "Your Submissions." CareerApple shall have no obligation whatsoever to return any materials you submit. Your Submissions are deemed non-confidential and CareerApple shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any of Your Submissions.
CareerApple.com does not claim any ownership rights in Your Submissions. After submitting Your Submissions to the Site, you continue to retain all ownership rights in such content, and you continue to have the right to use Your Submissions in any way you choose.
By uploading, sending or otherwise making available Your Submissions to CareerApple, you are directing and authorizing CareerApple to, and are granting CareerApple a royalty-free, fully paid-up, non-exclusive, perpetual, sublicensable right and license to, use, host, cache, route, tag, encode, transmit, store, copy, modify, create derivative works, distribute, publicly perform, publicly display, reformat, excerpt, analyze, adapt and create algorithms based on the Your Submissions in order to: (a) host Your Submissions on CareerApple's servers; (b) index Your Submissions; (c) display, perform and distribute Your Submissions, in whole or in part, in connection with the Site, the Service and CareerApple products and services now existing or hereafter developed, including without limitation for syndication on third party sites, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. This license gives CareerApple the right to display Your Submissions via streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies, and to display limited excerpts of Your Submissions for no fee to users of the Site. Notwithstanding the foregoing, CareerApple is not required to host, index, or display any of Your Submissions uploaded or otherwise provided to CareerApple, and may remove or refuse to host, index or display any Your Submissions. CareerApple is not responsible for any loss, theft, intellectual property infringement or damage of any kind to the Your Submissions.
By uploading, sending or otherwise making available Your Submissions to CareerApple, you are also granting CareerApple a non-exclusive, world-wide, royalty-free, fully paid-up license to use your name and logo ("Your Brand Features"), in connection with Your Submissions, and to use limited excerpts from Your Submissions for marketing or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts and Your Brand Features on the Internet and in presentations, marketing materials, customer lists, and Web site listings of customers.
a) is false or intentionally misleading;
b) is patently offensive to users of the Site, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c) harasses or advocates harassment of another person;
d) involves the transmission of unsolicited mass mailing or "spamming";
e) is unlawful or promotes illegal activities or conduct that is abusive;
f) violates the copyright, trademark or any other proprietary right of any third party;
g) falsely expresses or implies that such content or material is sponsored or endorsed by CareerApple or that otherwise falsely misrepresents the origin of the content;
h) is threatening, obscene, defamatory or libelous or violates the right of privacy or the right of publicity of any person;
i) is pornographic or sexually explicit in nature; or
j) seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
7. Requests for Removal of Content.
If you believe that Content on the Site has been copied and/or made accessible in a manner that violates another's intellectual property rights, please see our Copyright Infringement Policy at http://www.CareerApple.com/terms/copyrightpolicy.php.
8. Your Conduct.
You agree to follow all applicable laws and regulations when using the Site and Service. Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions:
a) Defame, abuse, harass (or advocate harassment of), stalk, threaten, or otherwise violate the legal right of others;
b) Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
c) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
d) Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
e) Transmit surveys, contests, pyramid schemes, spam, junk mail, unsolicited mass mailings, advertising or promotional materials, or chain letters;
f) Download any file that you know or reasonably should know cannot be legally obtained in such manner;
g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
h) Restrict or inhibit any other user from using and enjoying any public area within our Site;
i) Collect or store passwords or personal information about other users or solicits passwords or personal information from other users;
j) Interfere with or disrupt our sites, servers, or networks;
k) Impersonate any person or entity, including, but not limited to, a CareerApple representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
l) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our site;
m) Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
n) Engage in any illegal activities;
o) Violate the terms and conditions, if any, under which a content provider makes its content available.
p) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
q) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
r) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
s) includes a photograph of another person that you have posted without that person's consent;
t) modify, adapt, translate, or reverse engineer any portion of the CareerApple Site and/or the CareerApple Service;
u) remove any copyright, trademark or other proprietary rights notices contained in or on the CareerApple Site and/or the CareerApple Service;
v) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the CareerApple Site and/or the CareerApple Service;
w) reformat or frame any portion of the web pages that are part of the CareerApple Site and/or the CareerApple Service;
x) create user accounts by automated means or under false or fraudulent pretenses; or
y) use the CareerApple Site or the CareerApple Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene.
10. Disclaimer of Warranties.
CareerApple disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of Content, information or material displayed, cached or otherwise accessible from the Site. CareerApple disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material. While CareerApple endeavors to provide a sterile server environment, CareerApple makes no claim that the Site will be error free, or that the Site, Service or the servers that operate them are or will be free of viruses or other harmful components. CareerApple recommends that you keep backup copies of Your Submissions and material, if any, that you maintain on or use with the Site or Service. CareerApple is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CareerApple Site or Service or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation or downloading or accessing any information or material on the Internet through or in connection with the Site. Under no circumstances shall CareerApple.com be responsible for any loss or damage, including personal injury or death, resulting from accessing the Site or use of the Service, from any Content, or from your conduct or the conduct of other users of the CareerApple Site or Service, whether online or offline.
THE SITE, THE SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN, OR ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS," "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. CAREERAPPLE AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CAREERAPPLE AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SITE AND SERVICE. CAREERAPPLE AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY: (A) THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) ON THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE WILL BE TIMELY, ACCURATE OR RELIABLE, (D) REGARDING THE QUALITY OF ANY INFORMATION, CONTENT OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE SITE OR THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) THAT ANY ERRORS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH ACCESS TO THE SITE OR THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL CAREERAPPLE OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY USER FROM THE USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CAREERAPPLE OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF. OR RELIANCE ON THE SITE OR SERVICE, FROM INABILITY TO ACCESS THE SITE, USE THE SITE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR THROUGH IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE OR SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, GOODWILL, LOST DATA OR OTHER INTANGIBLE LOSSES. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE, THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall CareerApple or its licensors, partners, affiliates or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12. Our Rights.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
a) Restrict, suspend, or terminate your access to all or any part of the Site and/or Service;
b) Change, suspend, or discontinue all or any part of the Site and/or Service;
c) Refuse, edit, move, or remove any content, or other material that you submit to the Site for any reason;
d) Refuse, edit, move, or remove any content, or other material that is available on the Site;
e) Deactivate or delete your accounts and all related information and files in your account;
g) Establish general practices and limits concerning access and use of the Site and/or Service.
You agree that we will not be liable to you or any third party for taking any of these actions.
You hereby agree to indemnify, defend and hold CareerApple and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "CareerApple Parties") harmless from and against any and all liability, losses, costs, expenses and damages (including attorneys' fees) incurred by any CareerApple Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
a) Your access of the Site and use of the Site or Service;
b) Any use or alleged use of your account or password by any person, whether or not authorized by you;
c) Your Brand Features or the content, the quality, or the performance of Your Submissions;
d) Your connection to the Site;
e) Your violation of this Agreement;
f) Your breach of third party terms, conditions of use or policies associated with the Links;
g) Your violation of any law or the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on CareerApple or affects CareerApple's rights in connection therewith without the advance written approval of CareerApple.
Except for Your Submissions and the Content submitted by other members or users, the CareerApple Site and Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by CareerApple and/or its suppliers and licensors ("CareerApple Property"). You acknowledge that the CareerApple Property and any underlying technology or software used in connection with the Site and Service contain CareerApple's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the CareerApple Property in whole or in part except as expressly provided in this Agreement. Except as expressly and unambiguously provided in this Agreement, There are no implied licenses.
16. Miscellaneous Provisions
CareerApple may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site. You authorize CareerApple to send notices via electronic mail as well if CareerApple decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.
References to affiliates, partners, or other terms used to describe the relationship between CareerApple and certain third parties are for convenience only, used to reflect that there is cooperation between CareerApple and such third parties, and do not describe, or expressly or impliedly create, a legal affiliation or partnership, or any responsibility of CareerApple for the actions of such third parties.
Please contact us at: info@CareerApple.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2008 CareerApple. All rights reserved.