1.1 HireArt, Inc. and it’s subsidiaries ("HireArt") provides its Services (as defined below) to you through its web site located at www.hireart.com (the "Site"), subject to this Terms of Services agreement (the "Agreement"). By accepting this Agreement or by accessing or using the Services or Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services. This Agreement applies to individuals who are searching for employment or using the site for their own personal benefit. If you are a client of HireArt and using HireArt’s services in order to hire individuals, your use of the Site and the Services will be governed by a separate written agreement entered into between you and HireArt. In this Agreement, the use of “you” or “your” means the individual using the Site and Services to obtain employment.
1.2 HireArt will notify you before it makes material changes to this Agreement and give you an opportunity to review the revised Agreement before continuing to use the Site and the Services. When you use the Site and the Services after a modification becomes effective, you are agreeing that you accept the modified Agreement. If you do not agree to accept the modified Agreement, you must immediately discontinue your use of the Site and the Services.
The "Services" includes (a) the feature and functions offered through the Site, (b) the employment and recruitment-related services, tools and other services provided through the Site, and (c) the use of all software, data, text, images, sounds, video, and content made available through the Site (collectively referred to as the "Content"). Any new features added to or augmenting the Services are also subject to this Agreement.
3.1 Subject to the terms and conditions of this Agreement, you may access and use the Services only for lawful purposes. Subject only to the foregoing, all rights, title and interest in and to the Services, the Content and their components will remain with and belong exclusively to HireArt. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services available to any third party; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components, or (c) modify, adapt or hack the Services to falsely imply any sponsorship or association with HireArt, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices HireArt provides you or publishes on the Site, and you shall promptly notify HireArt if you learn of a security breach related to the Services.
3.2 We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties (including potential employers). The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement in connection with your use of the Services. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. Scrapping of Content from the Site for any reason is expressly prohibited.
3.3 You are solely responsible for all data, information, answers, Account information, text and other materials that you upload, post or otherwise transmit or store via the Services ("Your Content"). You hereby grant to HireArt a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and/or display Your Content (in whole or in part) in connection with the operation of the Services or the promotion, advertising, or marketing thereof, in any media now known or hereafter developed, without compensation to you. You will be required to open an account (the “Account”) in order to use the Services. You are responsible for (i) maintaining the confidentiality of your Account login and password and (ii) for all activities that occur under your Account. HireArt reserves the right to access your Account in order to respond to your requests for technical support. From time to time you may give HireArt suggestions or feedback about the Services. If you do so, you hereby grant to HireArt a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, paid-up, irrevocable right (including moral rights) and license to fully exercise and exploit such suggestions or feedback (and all related rights) for any purpose.
3.4 You understand that the operation of the Services, including the use of Your Content in connection therewith, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission of Your Content to HireArt's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Although HireArt strives to keep Your Content secure, given the nature of the Internet, HireArt cannot guarantee that HireArt will be successful in doing so. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. HireArt will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5 The failure of HireArt to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. You acknowledge that this Agreement is a legally binding agreement between you and HireArt, even though it is electronic and is not physically signed by you and HireArt, and it governs your use of the Services and the Site and takes the place of any prior agreements between you and HireArt with respect to your use of the Site and Services.
No license or right to use any trademark of HireArt or any third party is granted to you in connection with the Services.
You represent and warrant to HireArt that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your activities in connection with (and allow HireArt to perform) the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Services do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any material that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
You are responsible for properly terminating your Account. HireArt reserves the right to: (i) modify or discontinue, temporarily or permanently, the Services (or any part thereof); (ii) at any time deny you current and future use of the Services; (iii) suspend or terminate your Account (any part thereof) or your use of the Services at any time and for any reason; and (iv) remove and discard any of Your Content for any reason, including if HireArt believes that you have violated this Agreement. HireArt shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services or suspension or termination of your Account. All of Your Content on the Services may be permanently deleted by HireArt upon any termination of your Account in its sole discretion.
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HIREART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HIREART DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HIREART OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, HIREART DOES NOT GUARANTEE THAT YOU WILL OBTAIN ANY EMPLOYMENT OR OFFERS FOR EMPLOYMENT THROUGH THE SERVICES.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HIREART BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, HIREART SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, HIREART'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless HireArt from and against any claims, actions or demands, and any resulting costs, losses, damages, or expenses, incurred by HireArt related thereto, including without limitation reasonable legal and accounting fees, arising or resulting from; (i) your breach of this Agreement; (ii) any of Your Content that is uploaded, posted or otherwise transmitted to the Services using your Account; or (iii) or your access, contribution to, use or misuse of the Site or the Services. HireArt shall provide notice to you of any such claim, suit or demand. HireArt reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting HireArt’s defense of such matter.
You may not assign, delegate, or transfer this Agreement, by operation of law or otherwise, without HireArt’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. HireArt may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the choice of law provisions thereof. Any controversy or claim arising out of or relating to this Agreement, or the negotiation or breach thereof, shall be settled by arbitration in accordance with the then-current Rules of Commercial Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York, shall be conducted in the English language, and shall be conducted before a single arbitrator mutually agreeable to the parties, or if no agreement can be reached, then selected by the American Arbitration Association. The arbitrator shall award reimbursement of attorneys' fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. Any decision by an arbitrator may be affirmed and reduced to judgment in any court of competent jurisdiction. In addition, the losing party shall reimburse the prevailing party for the costs and expenses incurred by it, including attorneys', arbitrators' and courts' fees and expenses, in connection with any action or proceeding hereunder. Notwithstanding the foregoing, HireArt shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Site or Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this Section. Notwithstanding the foregoing, in the event that these arbitration terms are not enforceable for any reason, any legal action or proceeding related to this Site or the Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.
By agreeing to this Agreement, you and HireArt are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU AND HIREART EACH AGREE THAT YOU AND IT MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HIREART AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
HireArt respects the intellectual property of others and expects its users to do the same. It is HireArt’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
If you are a copyright owner or an agent thereof and believe that any Site Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent, which is listed below, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
135 West 29th Street, Suite 500
New York, NY 10001
By Email: firstname.lastname@example.org
Only DMCA notices and notices relating to complaints in connection with claimed infringement relating to Site Content should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be sent via email to: email@example.com.
Except as otherwise stated herein, this Agreement constitute the entire and exclusive understanding and agreement between HireArt and you regarding your use of the Site and the Services, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between HireArt and you regarding your use of the Site and the Services.
If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
Any notices or other communications provided by HireArt under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email, electronic communication, or text message, or (ii) by posting to the Site. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
HireArt’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HireArt. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at: firstname.lastname@example.org or 888-458-7530 or at our mailing address below.
135 West 29th Street, Suite 500
New York, NY 10001