AGREEMENT BETWEEN USER AND ASYNC INTERVIEW:
To assist us in maintaining the safety, security, integrity and credibility of this Web site and our compliance with all applicable laws and as a condition to your right to use and to your continued use of this Web site, whether you are submitting, posting, contributing, reviewing or otherwise using written, video or other content or other portions or aspects of this Web site, you agree NOT to do any of the following:
- post content or take any action or use this Web site in any manner that infringes or violates someone else’s rights or otherwise violates applicable laws, including rights and laws to or governing intellectual property, discrimination (such as in employment practices) and public decency;
- if you are a Candidate, post content that: is false, inaccurate, incomplete, pornographic; incites violence; or contains misrepresentations, profanity, nudity or violence;
- if you are a Candidate, fail to immediately correct, cure or complete any inaccuracies, false statements, untruths, misrepresentations or omissions that arise in previously submitted content;
- other than previously set forth, use this Web site to do anything unlawful, misleading, malicious, or discriminatory;
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site;
- upload viruses or other malicious code;
- if you are an Interviewer or a Candidate, solicit login information or access an account belonging to someone else;
- harass any user;
- do anything that could disable, overburden, or impair the proper working of Web site, such as a denial of service attack;
- if you are an Interviewer or a Candidate, provide any false account information on this Web site, or create an account for anyone other than yourself;
- if you are an Interviewer or a Candidate, share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- use this Web site if you are under the age of sixteen(16); or
TO INTERVIEWERS AND CANDIDATES: ACCESS TO THIS WEB SITE IS GOVERNED BY YOUR USERNAME AND PASSWORD. IF YOU ALLOW THAT INFORMATION TO BE DISCLOSED TO ANOTHER PERSON, ACCESS CAN BE OBTAINED WITHOUT YOUR KNOWLEDGE, AND WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES. SAFEGUARD YOUR USERNAME AND PASSWORD TO INSURE THE SECURITY OF YOUR ACCESS.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are: Copyright © 2009-2012 ASYNC Interview. All rights reserved. Registration of the trademark ASYNC Interview logo is pending.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE ERRORS, BUGS, INACCURACIES OR OTHER PROBLEMS. YOUR USE IS AT YOUR SOLE RISK. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION AND CONTENT HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY, AND THERE ARE NO WARRANTIES OR REPRESENTATIONS THAT SUCH ITEMS ARE FREE FROM DEFECTS, VIRUSES OR OTHER PROBLEMS OR THAT THEIR FUNCTIONALITY OR APPLICABILITY WILL MEET YOUR REQUIREMENTS.
FURTHER, IF YOU ARE A CLIENT OR AN INTERVIEWER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT ON THIS WEB SITE(INCLUDING RESUMES AND OTHER CONTENT SUBMITTED BY CANDIDATES) OR USE OR RESULTS OF USE OF THIS WEB SITE IN TERMS OF ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY OTHER INFORMATION OBTAINED THROUGH THIS WEB SITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY CLAIM EXCEED ANY FEES YOU PAID TO US FOR THE SPECFIC PROJECT OR JOB FROM WHICH SUCH CLAIM ARISES. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DISPUTE WITH US IS TO DISCONTINUE USE OF THIS WEB SITE AND RECEIVE A REFUND OF MONIES PAID AS SET FORTH ABOVE, AND UPON REMITTANCE THEREOF, YOU SHALL BE DEEMED TO HAVE RELEASED US OF ANY AND ALL LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE MATTERS FOR WHICH LIABILITY IS DISCLAIMED OR LIMITED HEREIN.
LINKS TO THIRD PARTY SITES
This Web site contains hyperlinks to Web sites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such Web sites and are not responsible for their contents. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the views, facts, materials or commercial products that may be advertised or available on such Web sites or any association with their operators. Please note that such other Web sites are not governed by the privacy or security policies of ours or this Web site.
PRIVACY STATEMENT/IP CONTENT
All information and content collected by and/or posted on this Web site will be subject to and utilized in accordance with the terms of ASYNC Interview’s “Privacy Statement”. As set forth in the “Privacy Statement”, ASYNC Interview may collect such content and information and may contact users of this Web site periodically in accordance with the terms of the Privacy Statement. In addition, ASYNC Interview reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of such information and/or content. In addition, third parties may retain cached copies of such content and/or information.
For content that is covered by intellectual property rights, like photos and videos, including video interviews (“IP Content”), both Clients and Candidates specifically grant us the following permission: a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content submitted or posted, maintained or stored by them on this Web site (“IP License”) in accordance with the provisions of these Terms and Conditions. This IP License ends when such IP Content is deleted or otherwise removed from this Web site. Clients and Candidates may store, without charge, such IP Content on this Web site for one(1) year after it is first posted or submitted. Except for such IP License, we disclaim any ownership or other rights to such IP Content including any liabilities, obligations and/or responsibilities associated with or arising out of such ownership or such other rights (collectively, Ownership Rights and Obligations”). In particular, with respect to any IP Content that is a video interview, Candidates and Clients agree that all Ownership Rights and Obligations associated therewith transfer to and become the sole property and responsibility of the Client when such video interview is completed by Candidate and posted on this Web site. In addition, with respect to any such video interview if you are a Client, you and we agree that, except for such IP License which you grant to us as provided above, all such Ownership Rights and Obligations to same belong solely to you.
If you are a Client, you agree to the following payment terms for your use of the products and/or services provided by this Web site: For accessing and/or reviewing resumes and other content posted and/or submitted by Candidates for any full time or part time employment or other positions you are charged fees for such access and review at the rates and quantity and pursuant to all other terms set forth in Client Sign-Up, Purchase Order or other forms or documentation provided by us and signed and submitted by you or your representative (collectively, the “Order Forms”). The completion, signing and delivery by you to us of the Order Forms constitutes your legally binding agreement to pay such fees and other charges set forth in such Order Forms pursuant to the terms therein contained and, further, entitles ASYNC Interview to all rights and remedies under all applicable laws in the event of nonpayment or noncompliance with any such terms.
You will be invoiced for all fees and other charges you incur to your billing address we have on file. Payments should be sent to our address indicated on the invoices. All invoices are payable in 15 days (NET 15). Once you agree to such fees and other charges, you are legally obligated to pay them regardless of the success, failure or other outcome of your invitations to Candidates to submit resumes, video interviews or other content to this Web site.
You acknowledge that, in conjunction with your use of this Web site, you may acquire, come into possession of, observe and/or obtain certain confidential information (hereinafter the “Confidential Information”) concerning ASYNC Interview and its business and operations, including but not limited to data, business methods, financial information, concepts, specifications, formulations, techniques, designs, algorithms, software programs, software source documents, software codes, formulae, samples, prototypes, models, apparatuses, process information, business plans, descriptions of business methods, practices, markets, pricing, personnel, customers, Clients, Candidates, users, end-users, business and contractual relationships and any other know-how of any nature relating to the business and operations of ASYNC Interview. In such regard, you agree not to use or allow the use of such Confidential Information (or any item thereof) to compete with or to the detriment of Async Interview or its affiliates. You acknowledge that a breach of the provisions of this paragraph is not adequately compensable by money damages alone, and that any actual or threatened breach will cause irreparable harm to ASYNC Interview. Accordingly, in the event of any such breach or threatened breach, in addition to any other remedies at law or in equity available, you agree that ASYNC Interview shall be entitled, without posting a bond or other security, to specific performance, a temporary restraining order, preliminary injunction and permanent injunction restraining any such actual or threatened breach and that ASYNC Interview shall be entitled to recover its reasonable attorneys’ fees and costs.
MODIFICATION OF THESE TERMS AND CONDITIONS
We reserve the right to change the terms, conditions, and notices under which this Web site is offered at any time and from time to time without prior notice to you.
This agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this Web site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and us with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved to us.