Acceptance of Terms
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by STAFFRANKER in its sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
involves commercial activities and/or sales without STAFFRANKER prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of STAFFRANKER or any third party; or
impersonates any person or entity, including any employee or representative of STAFFRANKER.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by STAFFRANKER in its sole discretion) an unreasonable or disproportionately large load on STAFFRANKER (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures STAFFRANKER may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with STAFFRANKER and select a password and screen name ("User ID").
STAFFRANKER reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your STAFFRANKER password. You shall never use another user's account without such other user's express permission. You will immediately notify STAFFRANKER in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk.
These other websites are not under STAFFRANKER'S control, and you acknowledge that STAFFRANKER is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by STAFFRANKER or any association with its operators.
You further acknowledge and agree that STAFFRANKER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Content and License
You agree that the Service contains Content specifically provided by STAFFRANKER or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
STAFFRANKER grants each user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from STAFFRANKER, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The Service provides you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:
acknowledge that you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
hereby do and shall grant STAFFRANKER a worldwide, non-exclusive, perpetual, irrevocable royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and STAFFRANKER'S (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites).
You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to STAFFRANKER does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
represent and warrant that the use or other exploitation of such User Submissions by STAFFRANKER and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
understand that STAFFRANKER shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that STAFFRANKER will not be liable for any errors or omissions in any content; and that STAFFRANKER cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
STAFFRANKER does not endorse and has no control over any User Submission. STAFFRANKER cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from.
STAFFRANKER has no special relationship with or fiduciary duty to you. You acknowledge that STAFFRANKER has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release STAFFRANKER from all liability for you having acquired or not acquired Content through the Site.
The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. STAFFRANKER makes no representations concerning any Content contained in or accessed through the Site, and STAFFRANKER will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The service and add-to link are provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
STAFFRANKER, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): STAFFRANKER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. STAFFRANKER will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on STAFFRANKER'S equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
STAFFRANKER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with STAFFRANKER in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL STAFFRANKER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR ADD-TO LINK (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Integration and Severability
STAFFRANKER and you are independent entities, and nothing in these Terms, or via use of the Website or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between STAFFRANKER and you. These Terms supersede any previous agreement and represent the entire agreement between STAFFRANKER and you. If you have comments, questions or concerns regarding the Software or Website, contact us firstname.lastname@example.org write us at:
310 South Prospect Ave #4
Redondo, CA 90277
This Agreement will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in Los Angeles, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
Effective Date: April 22, 2012
WHAT PERSONAL INFORMATION DOES COMPANY DISPLAY OR COLLECT?
When you use the Website, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels. The information we gather from users enables us to personalize and improve our services, and to allow our users to set up a user account and profile that can be used to interact with Company through the Website. In most cases, we retain such information so that, for instance, you can return to view prior messages you have sent or easily see your "friend" list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information. In addition to the foregoing, we collect the following types of information from our users.
Personal Information You Provide to Us:
We receive and store any information you enter on the Website, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. The types of Personal Information collected may include, without limitation, your name, user name, email address, IP address, browser information, password, photograph, and physical location, and log-in information for third party websites (which may include, without limitation, Facebook and Twitter).You may choose not to provide us with, or authorize the automatic transmission of, certain information, but then you may not be able to register for the Website or take advantage of many of our special features. The Personal Information you provide is used for such purposes as responding to your requests for certain information, products and services, customizing the advertising and content you see, and communicating with you about specials and new features. You may modify or remove the Personal Information identified below (under "What Personal Information Can I Access?") at any time by logging into your account and accessing features to edit your profile and account information. Personal Information Collected Automatically: We receive and store certain types of information whenever you interact with the Website or our services. Company automatically receives and records information on our server logs from your browser including your IP address, Company cookie information, and the page you requested. We also record the details of your activity on the Website. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components and location you are accessing the Services from, similar to TV ratings that indicate how many people watched a particular show. Company only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often users use parts of the Website or services so that we can make the Website appealing to as many users as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our users, collectively, use our site. We share this type of statistical data so that our partners also understand how often people use their services and the Website, so that they, too, may provide you with an optimal online experience. Again, Company never discloses aggregate information to a partner in a manner that would identify you personally.
We may receive a confirmation when you open an email from Company if your computer or device supports this type of program. Company uses this confirmation to help us make emails more interesting and helpful. We also compare our user lists to lists received from other companies, in an effort to avoid sending unnecessary messages to our users.
What About Cookies?
Company may, for example, sell products or provide services jointly with affiliated businesses, or work with third party websites to enhance your online experience. You can recognize when an affiliated business or website is associated with transaction or service, and we will share user information with that affiliated business or website only to the extent that it is related to such transaction and/or service. Such services may include the ability for you to automatically transmit information you input on the Website to your profile on a third party website, or to automatically transmit information you input on a third party website to your Website profile. We have no control over the policies and practices of third party websites as to privacy or anything else, so if you choose to allow the automatic transmissions discussed above, please review all third party websites' policies before disclosing any Personal Information or other content on the Website or on any third party website.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Company's agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes. User Profiles: User profile information including, without limitation, users' name, email address, user name, physical location, and photograph, may be displayed to other users to facilitate user interaction within the Website or address your request for Company's services. Any Personal Information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your user name may be displayed to other users (including without limitation third party businesses with Website accounts) if and when you upload images or videos or send messages through the Website and other users can contact you through messages and comments. For example, you may choose to send a message or otherwise communicate with a third party business whose customer service you have rated on the Website. Any images, captions, comments, personal interests or other content that you submit to or through the Website may be redistributed through the Internet and other media channels, and may be viewed by the general public. Additionally, if you sign into the Website via Facebook's "Facebook Connect" or Twitter's "Sign In With Twitter" services, your list of Facebook and/or Twitter "friends" may be automatically imported to the Website, and such "friends," if they are also registered users of the Website, may be able to access certain non-public information you have entered in your Website user profile. Again, we cannot and do not control the policies and practices of Facebook or any other third party website, nor what other users do with the content of any messages or other communication you may have with them. Communication About the Website or in Response to User
As part of the Website and our services, you may receive from Company email and other communication relating to your use of the Website or your profile. You acknowledge and agree that by posting information on the Website or otherwise using the Website, Company and its agents may send you email, contact you or engage in other communication that they determine in their sole discretion relate to your profile or use of the Website. Company may use a user's email address to send updates, a newsletter or other news regarding the Website or Company services.
We may send offers to certain users on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send us an email at email@example.com.
With Your Consent:
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be given the option to prevent the sharing of this information.
IS PERSONAL INFORMATION ABOUT ME SECURE?
WHAT PERSONAL INFORMATION CAN I ACCESS?
Company allows you, via your account settings, to access certain information about you for the purpose of viewing, and in some situations, updating that information. Our services may be accessible through third party websites or services, so some of this information may also be accessible via your account on such websites or services; changes made through the Website may be reflected in your third party accounts and changes made through your third party accounts may be reflected on your account with us. The information that you can view and update through your account settings may change as the Website changes.
WHAT CHOICES DO I HAVE?
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding privacy at STAFFRANKER, please send us a detailed message to firstname.lastname@example.org. We will make every effort to resolve your concerns. Effective: April 22, 2012