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HIRINGSPACE.COM
Terms of Use Agreement This Terms of Use Agreement
("Agreement") sets forth the legally binding terms for your use of
the HIRINGSPACE Services. By using the HIRINGSPACE Services, you agree to be
bound by this Agreement, whether you are a "Visitor" (which means
that you simply browse the HIRINGSPACE Website) or you are a "Member"
(which means that you have registered with Hiringspace.com). The term
"User" refers to a Visitor or a Member. You are only authorized to
use the HIRINGSPACE Services (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do not agree with it,
you should leave the HIRINGSPACE Website and discontinue use of the HIRINGSPACE
Services immediately. If you wish to become a Member, communicate with other
Members and make use of the HIRINGSPACE Services, you must read this Agreement
and indicate your acceptance during the Registration process. This Agreement includes
Hiringspace.com' policy for acceptable use of the HIRINGSPACE Services and
Content posted on the HIRINGSPACE Website, your rights, obligations and
restrictions regarding your use of the HIRINGSPACE Services and Hiringspace.com's Privacy Policy.
In order to participate in certain HIRINGSPACE Services, you may be notified
that you are required to agree to additional terms and conditions. Unless
otherwise provided by the additional terms and conditions applicable to the HIRINGSPACE
Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement. Hiringspace.com may modify this
Agreement from time to time and such modification shall be effective upon
posting by Hiringspace.com on the HIRINGSPACE Website. You agree to be bound to
any changes to this Agreement when you use the HIRINGSPACE Services after any
such modification is posted. It is therefore important that you review this
Agreement regularly to ensure you are updated as to any changes. Please choose carefully the
information you post on Hiringspace.com and that you provide to other Users.
Your Hiringspace.com profile may not include the following items: any
photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other Hiringspace.com Members (for
instance, in their Profile) may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and Hiringspace.com assumes
no responsibility or liability for this material. If you become aware of misuse
of the HIRINGSPACE Services by any person, please contact HIRINGSPACE at customerservice@hiringspace.com. Hiringspace.com reserves the right,
in its sole discretion, to reject, refuse to post or remove any posting
(including private messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the HIRINGSPACE Services at any time, for any or
no reason, with or without prior notice, and without liability. 1.
Eligibility. Use
of and Membership in the HIRINGSPACE Services is void where prohibited. By
using the HIRINGSPACE Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information; (c) you are 17 years of age or
older; and (d) your use of the HIRINGSPACE Services does not violate any
applicable law or regulation. Your profile may be deleted and your Membership
may be terminated without warning, if we believe that you are under 17 years of
age. 2.
Term. This
Agreement shall remain in full force and effect while you use the HIRINGSPACE
Services or are a Member. You may terminate your Membership at any time, for
any reason, by contacting customerservice@hiringspace.com.
Hiringspace.com may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain in effect,
including sections 5-17. 3.
Fees. Currently Hiringspace.com is a
100% free service for its member but you
acknowledge that Hiringspace.com reserves the right to charge for the HIRINGSPACE
Services and to change its fees from time to time in its discretion. If
Hiringspace.com terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion of
subscription fees. 4.
Password. When
you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of another
Member at any time or to disclose your password to any third party. You agree
to notify Hiringspace.com immediately if you suspect any unauthorized use of your
account or access to your password. You are solely responsible for any and all
use of your account. 5.
Non-commercial Use by Members. The
HIRINGSPACE Services are for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by Hiringspace.com. Illegal and/or
unauthorized use of the HIRINGSPACE Services, including collecting usernames
and/or email addresses of Members by electronic or other means for the purpose
of sending unsolicited email or unauthorized framing of or linking to the HIRINGSPACE
Website is prohibited. Commercial advertisements, affiliate links, and other
forms of solicitation may be removed from Member profiles without notice and
may result in termination of Membership privileges. Appropriate legal action
will be taken for any illegal or unauthorized use of the HIRINGSPACE Services. 6.
Proprietary Rights in Content
on Hiringspace.com. Hiringspace.com
does not claim any ownership rights in the text, files, images, photos, video,
sounds, musical works, works of authorship, or any other materials
(collectively, "Content") that you post to the HIRINGSPACE Services.
After posting your Content to the HIRINGSPACE Services, you continue to retain
all ownership rights in such Content, and you continue to have the right to use
your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the HIRINGSPACE Services, you
hereby grant to Hiringspace.com a limited license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content solely on and
through the HIRINGSPACE Services. Without this license, Hiringspace.com would
be unable to provide the HIRINGSPACE Services. The license you grant to
Hiringspace.com is non-exclusive (meaning you are free to license your Content
to anyone else in addition to Hiringspace.com), fully-paid and royalty-free
(meaning that Hiringspace.com is not required to pay you for the use on the HIRINGSPACE
Services of the Content that you post), sub-licensable (so that Hiringspace.com
is able to use its affiliates and subcontractors such as Internet content
delivery networks to provide the HIRINGSPACE Services), and worldwide (because
the Internet and the HIRINGSPACE Services are global in reach). This license
will terminate at the time you remove your Content from the HIRINGSPACE
Services. The license does not grant Hiringspace.com the right to sell your
Content, nor does the license grant Hiringspace.com the right to distribute your
Content outside of the HIRINGSPACE Services. You represent and warrant that:
(i) you own the Content posted by you on or through the HIRINGSPACE Services or
otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your Content on or through the HIRINGSPACE Services does
not violate the privacy rights, publicity 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 Content posted by you to
or through the HIRINGSPACE Services. The HIRINGSPACE Services contain Content
of Hiringspace.com ("Hiringspace.com Content"). Hiringspace.com
Content is protected by copyright, trademark, patent, trade secret and other
laws, and Hiringspace.com owns and retains all rights in the Hiringspace.com
Content and the HIRINGSPACE Services. Hiringspace.com hereby grants you a
limited, revocable, non sub-licensable license to reproduce and display the
Hiringspace.com Content (excluding any software code) solely for your personal
use in connection with viewing the HIRINGSPACE Website and using the HIRINGSPACE
Services. The HIRINGSPACE Services contain Content of Users and other
Hiringspace.com licensors. Except for Content posted by you, you may not copy,
modify, translate, publish, broadcast, transmit, distribute, perform, display,
or sell any content appearing on or through the HIRINGSPACE Services. 7.
Content Posted. Hiringspace.com
may delete any Content that in the sole judgment of Hiringspace.com violates
this Agreement or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. Hiringspace.com assumes no responsibility
for monitoring the HIRINGSPACE Services for inappropriate Content or conduct.
If at any time Hiringspace.com chooses, in its sole discretion, to monitor the HIRINGSPACE
Services, Hiringspace.com nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content. You are
solely responsible for the Content that you post on or through any of the HIRINGSPACE
Services, and any material or information that you transmit to other Members
and for your interactions with other Users. Hiringspace.com does not endorse
and has no control over the Content. Content is not necessarily reviewed by
Hiringspace.com prior to posting and does not necessarily reflect the opinions
or policies of Hiringspace.com. Hiringspace.com makes no warranties, express or
implied, as to the Content or to the accuracy and reliability of the Content or
any material or information that you transmit to other Members. 8.
Copyright Policy. You
may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of Hiringspace.com to terminate Membership privileges
of any Member who repeatedly infringes the copyright rights of others upon
receipt of prompt notification to Hiringspace.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you believe
that your work has been copied and posted on the HIRINGSPACE Services in a way
that constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; (ii)
a description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located on
the HIRINGSPACE Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law; (vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. Notice of claims of
copyright infringement should be sent to: Legal Department, HIRINGSPACE,
Inc., 6370 Stoneridge Mall Rd, I-210, Pleasanton, CA 94588; Email: customerservice@hiringspace.com 9.
Member Disputes. You
are solely responsible for your interactions with other Hiringspace.com
Members. Hiringspace.com reserves the right, but has no obligation, to monitor
disputes between you and other Members. 10.
Privacy. Use
of the HIRINGSPACE Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference. 11.
Disclaimers. Hiringspace.com
is not responsible for any incorrect or inaccurate Content posted on the HIRINGSPACE
Website or in connection with the HIRINGSPACE Services, whether caused by Users
of the HIRINGSPACE Services or by any of the equipment or programming
associated with or utilized in the HIRINGSPACE Services. Profiles created and
posted by Members on the HIRINGSPACE Website may contain links to other
websites. Hiringspace.com is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
Hiringspace.com. Inclusion of any linked website on the HIRINGSPACE Services
does not imply approval or endorsement of the linked website by
Hiringspace.com. When you access these third-party sites, you do so at your own
risk. Hiringspace.com takes no responsibility for third party advertisements
which are posted on this HIRINGSPACE Website or through the HIRINGSPACE
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. Hiringspace.com is not responsible for the
conduct, whether online or offline, of any User of the HIRINGSPACE Services.
Hiringspace.com 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 User or Member communication. Hiringspace.com 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 HIRINGSPACE Services or combination
thereof, including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials in
connection with the HIRINGSPACE Services. Under no circumstances shall
Hiringspace.com be responsible for any loss or damage, including personal
injury or death, resulting from use of the HIRINGSPACE Services, attendance at
a Hiringspace.com event, from any Content posted on or through the HIRINGSPACE
Services, or from the conduct of any Users of the HIRINGSPACE Services, whether
online or offline. The HIRINGSPACE Services are provided "AS-IS" and
as available and Hiringspace.com expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. Hiringspace.com cannot guarantee
and does not promise any specific results from use of the HIRINGSPACE Services. 12.
Limitation on Liability. IN
NO EVENT SHALL HIRINGSPACE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
HIRINGSPACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIRINGSPACE.COM'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
HIRINGSPACE.COM FOR THE HIRINGSPACE SERVICES DURING THE TERM OF MEMBERSHIP. 13.
U.S. Export Controls. Software
available in connection with the HIRINGSPACE Services (the
"Software") is further subject to United States export controls. No
Software may be downloaded from the HIRINGSPACE Services or otherwise exported
or re-exported in violation of U.S. export laws. Downloading or using the
Software is at your sole risk. 14.
Disputes. If
there is any dispute about or involving the HIRINGSPACE Services, you agree
that the dispute shall be governed by the laws of the State of California, USA,
without regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts of the United
States located in the State of California, City of San Francisco. Either
Hiringspace.com or you may demand that any dispute between Hiringspace.com and
you about or involving the HIRINGSPACE Services must be settled by arbitration
utilizing the dispute resolution procedures of the American Arbitration
Association (AAA) in San Francisco, California, USA, provided that the
foregoing shall not prevent Hiringspace.com from seeking injunctive relief in a
court of competent jurisdiction. 15.
Indemnity. You
agree to indemnify and hold Hiringspace.com, its subsidiaries, and affiliates,
and their respective officers, agents, partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the HIRINGSPACE
Services in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set forth
above and/or if any Content that you post on the HIRINGSPACE Website or through
the HIRINGSPACE Services causes Hiringspace.com to be liable to another. 16.
Other. This
Agreement is accepted upon your use of the HIRINGSPACE Website or any of the HIRINGSPACE
Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and Hiringspace.com regarding the
use of the HIRINGSPACE Services. The failure of Hiringspace.com to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Hiringspace.com is a
trademark of HIRINGSPACE, Inc. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions. Please contact us at customerservice@hiringspace.com
with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE
TO ALL OF THE PROVISIONS CONTAINED ABOVE. | ||



