TalentRooster Terms of Service Agreement
Acceptance of the Terms of Service; Changes:
SeeTheCandidate.com, LLC d/b/a TalentRooster (“TalentRooster”) operates the website located at www.talentrooster.com (the “Website”). By accessing the Website and/or using the Services (defined below), you agree to be bound by all of the provisions of this Terms of Service Agreement (the “Agreement”). IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE WEBSITE OR USE THE SERVICES. TalentRooster reserves the right to modify this Agreement or add or remove terms at any time, and each such modification, addition or deletion will be effective immediately upon posting on the Website. Your use of the Website or the Services following any such posted modification, addition or deletion constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is important that you review this Agreement regularly. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THE MODIFIED AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE WEBSITE AND/OR USE THE SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE DOING SO. As used in this Agreement, the terms “you” and “your” mean each individual or entity that accesses, browses or uses the Website and/or the Services in any manner. If you are accessing the Website and/or using the Services on behalf of an entity, your acceptance of these terms will be treated as the acceptance of the entity you represent. For purposes of this Agreement, the term “Services” shall mean the services, features, content, videos, data, information, applications or other items that may be offered from time to time by TalentRooster in connection with the Website and/or its business.
You may only use the Website and the Services if you are at least 13 years of age. If you are under the age of 18 or under the age of majority in the jurisdiction in which you are located, you may only use the Website and the Services under the supervision of a parent or legal guardian. TalentRooster reserves the right to require you to provide TalentRooster with proof of your age and, if applicable, approval of your use of the Website and the Services by your parent/legal guardian. TalentRooster may terminate your access to and use of the Website and the Services without warning if it determines that you do not meet the foregoing eligibility requirements.
In connection with your use of the Website and the Services, you may be provided with a password that will permit access to the Website and/or Services. You may not provide your password or otherwise permit access to the Website and/or Services to any third party. You are responsible for protecting and keeping your password confidential. You are responsible for any damages that occur due to the use of your account or your loss of control over your account. If your account security is compromised in any manner, you agree to notify TalentRooster immediately.
As a condition of using the Website and the Services, you are prohibited from (a) posting, uploading, exhibiting, communicating, viewing or distributing content which violates any applicable laws, rules or regulations or which TalentRooster, in its sole and absolute discretion, deems to be inappropriate, (b) engaging in conduct which violates any applicable laws, rules or regulations or which TalentRooster, in its sole and absolute discretion, deems to be inappropriate, (c) probing, attacking, hacking, deciphering, or copying the Website or using any means to disrupt or harm the operation of the Website, and (d) using the Website or Services in a way that is discriminatory against any party on the basis of gender, race, color, national origin, religious beliefs, age, marital status, disability, or sexual orientation.. Examples of prohibited content and prohibited conduct include, without limitation, the following:
- Using the Website and/or Services in any way that violates any privacy right, publicity right, patent, trademark, trade secret, copyright or other proprietary right, or contract right or other right of any party;
- Using the Website and/or Services in any way or engaging in any conduct that is offensive, harmful, threatening, abusive, harassing, defamatory, libelous, or obscene or that is unlawful in any manner or that degrades, intimidates, promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual, including, without limitation, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Posting, uploading, viewing or transmitting any content that is pornographic or that exploits people (adults or children) in a sexual or violent manner; or contains nudity, excessive violence, or offensive subject matter or that contains a link to any of the foregoing types of content or to an adult website or in any way using the Website or the Services in connection with any adult entertainment or pornography business;
- Copying, reproducing, modifying (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trademarks, etc.), creating derivative works from, or distributing in any manner or medium any content posted on the Website or through the Services in any manner which is in violation of the terms of this Agreement or other applicable agreements;
- Impersonating any person or entity, or submitting any materials to the Website or through the Services that are false, inaccurate, deceptive, misleading, unlawful, or are otherwise in violation of this Agreement, including, without limitation, utilizing misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to the Website or through the Services, or using the systems provided by the Website for any solicitation or other commercial purposes;
- Except with respect to the valid use of the Services as contemplated by this Agreement, engaging in any commercial activity on the Website or including any links to commercial services or websites or uploading, posting or otherwise transmitting any content that contains advertising or any solicitation regarding products, goods or services;
- Interfering with any user’s right to privacy; soliciting or collecting user names, passwords, emails, personal identifying information or other information from any user; engaging in conduct that poses or creates a privacy or security risk to any person; or posting private information about a third party;
- Engaging in conduct that involves the posting, uploading or transmission of unsolicited or unauthorized advertising or promotional materials, “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”;
- Accessing or attempting to access the Website or the Services using automated means or gaining, or attempting to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Website or the Services; and
- Uploading, posting or transmitting any content that advocates or provides instruction on illegal activity or communicating on or through the Website regarding illegal activities with the intent to commit them.
Ownership of Proprietary Property.
Proprietary Property of TalentRooster. The Website and the Services are and contain proprietary property of TalentRooster, including without limitation logos, copyrights, trademarks, technology, processes, web pages, graphics, images, layouts, data and software (collectively, “TR Proprietary Property”). TalentRooster owns and retains all rights in and to the TR Proprietary Property. “TalentRooster” and the TalentRooster logo are trademarks of TalentRooster. TalentRooster hereby grants you a limited, revocable, non-transferable license to utilize the TR Proprietary Property solely in connection with using the Website and the Services for the purposes authorized by this Agreement. Except as expressly provided by this Agreement, your use of the TR Proprietary Property is strictly prohibited. Third Party Proprietary Property. The Website and/or Services may, from time to time, contain proprietary property provided by third parties (such as logos, copyrights, trademarks, etc.) (“Third Party Proprietary Property”). TalentRooster hereby grants you a limited, revocable, non-transferable license to utilize the Third Party Proprietary Property solely in connection with using the Website and the Services for purposes authorized by this Agreement. Except as expressly provided by this Agreement, your use of the Third Party Proprietary Property is strictly prohibited. Use of Proprietary Property. Unless expressly provided by this Agreement, you may not copy, modify, edit, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any TR Proprietary Property, any Third Party Proprietary Property or any other content appearing on or through the Website and/or Services. You acknowledge that TalentRooster is not responsible for, does not control and makes no representation or warranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of any content. TalentRooster does not endorse any content on the Website or any statement, opinion, suggestion or advice contained therein, and TalentRooster expressly disclaims any and all liability in connection therewith. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any content on the Website. You further understand and agree that in the course of your use of the Website and the Services, you may be exposed to content on the Website that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive, any legal or equitable rights or remedies you have or may have against TalentRooster with respect thereto. Other. To the extent you post or create information, content or material on the Website or through the Services, you grant to TalentRooster, TalentRooster’s designees, and their respective affiliates, the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, copy, reproduce, modify, adapt, publish, translate, communicate, display, create derivative works, and distribute such information, content and materials (in whole or in part) worldwide or to incorporate it in other works in any form, media or technology now known or later developed, without restriction or compensation. By posting any information, content or materials, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TalentRooster to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any such content and none of the content will infringe upon any rights of any third party.
Links to Other Websites
The Website may contain links to independent third-party websites and/or services (collectively, “Linked Websites”). The Linked Websites are not under TalentRooster’s control, and TalentRooster does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Linked Websites. By accessing a Linked Website, you may be disclosing your private information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, membership, payment and other policies of the Linked Websites and to determine on your own whether or not you will have any interaction with any of the Linked Websites. You agree that TalentRooster is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Linked Websites.
TALENTROOSTER DOES NOT ENDORSE ANY THIRD PARTIES, OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, JOB SEARCHES OR OTHER OPPORTUNITIES, POSTED ON OR THROUGH THE WEBSITE. TALENTROOSTER MERELY SERVES AS AN ONLINE CONDUIT FOR THE DISTRIBUTION OF EMPLOYER AND JOB CANDIDATE INFORMATION AND AS A VENUE FOR ONLINE INTERACTIONS BETWEEN EMPLOYERS AND JOB CANDIDATES. TALENTROOSTER IS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN EMPLOYERS AND JOB CANDIDATES AND SHALL NOT BE RESPONSIBLE FOR ANY HIRING OR OTHER DECISIONS MADE BY ANY INDIVIDUAL OR ENTITY IN CONNECTION WITH ANY EMPLOYMENT OPPORTUNITY POSTED ON OR THROUGH THE WEBSITE. THE WEBSITE, THE SERVICES, AND ALL OF THE CONTENT, INFORMATION, AND MATERIALS POSTED ON OR RELATED THERETO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. TALENTROOSTER DOES NOT EVALUATE OR GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR, INCLUDING ANY DAMAGES RELATED TO, THE CONTENT, INFORMATION, AND/OR MATERIAL AVAILABLE THROUGH THE WEBSITE.
TALENTROOSTER ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE WEBSITE. TALENTROOSTER IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE.
TALENTROOSTER DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE WEBSITE OR THE SERVICES AND TALENTROOSTER MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE WEBSITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE AND/OR THE SERVICES. TALENTROOSTER DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITE, YOU AGREE THAT TALENTROOSTER SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Limitation of Liability
IN NO EVENT SHALL TALENTROOSTER, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE WEBSITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (TV) ANY UNAUTHORIZED ACCESS TO OR USE OF TALENTROOSTER’S SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THROUGH THE WEBSITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE WEBSITE OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALENTROOSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Governing Law; Jurisdiction; Jury Waiver.
This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of Ohio, applicable to agreements made and fully to be performed in such state, without giving effect to conflicts of law principles. The parties to this Agreement hereby designate the state or federal courts of Franklin County, Ohio as the courts of proper jurisdiction and exclusive venue for any actions or proceedings relating to this Agreement, the Website or the Services, or any document or instrument executed in connection herewith or therewith; hereby irrevocably consent to such designation, jurisdiction, and venue; and hereby waive any objections or defenses relating to jurisdiction or venue with respect to any action or proceeding initiated in such courts. The parties hereto knowingly, voluntarily and intentionally waive any right any such party may have to a trial by jury in any action or proceeding based upon or arising out of this Agreement, the Website or the Services, or any document or instrument executed in connection herewith or therewith. No party hereto shall seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.
You agree to indemnify, defend and hold harmless TalentRooster, its subsidiaries, affiliates, licensors and assignees and their respective officers, directors, managers, agents, partners and employees, from and against any and all losses, liabilities, claims, damages and demands, including, but not limited to, reasonable attorneys’ fees, arising out of or in anyway connected to (i) your access to and/or use of the Website and the Services, including, without limitation, any content, services and/or products offered thereby or in connection therewith; (ii) a violation or breach by you, or any user of your account, of any terms of this Agreement or of any Additional Terms (as defined below), including, without limitation, a breach of any of the representations, warranties or agreements set forth in this Agreement and the Additional Terms (including, without limitation, a violation of any third party right, including without limitation any copyright, property, or privacy right); and/or (iii) any content that you post on or through the Website or Services, including, without limitation, any claim that your content, in whole or in part, caused damage to a third party. This defense and indemnification obligation will survive following the termination of your use of the Website and the Services.
TalentRooster has the right to assign this Agreement and/or its rights hereunder, in whole or in part, to any third party. You do not have the right to assign this Agreement. The failure of TalentRooster to exercise or enforce any right or provision of this Agreement shall not operate as a waiver by TalentRooster of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unlawful, void or unenforceable, such provision (i) is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect and (ii) shall be limited or eliminated to the minimum extent necessary to comply with the applicable law. TalentRooster reserves all rights in and to the Website, including the Services and the other content posted thereon, unless otherwise expressly provided by this Agreement. TalentRooster reserves the right to modify or discontinue any aspect of the Services at any time without prior notice and without any liability to you.
You agree that you shall pay all costs and fees, including attorneys’ fees of TalentRooster, incurred by TalentRooster in enforcing all or any part of this Agreement.