Terms and Conditions for Use of ProGayJobs

Introduction

This page outlines the “Terms and Conditions” for the use of ProGayJobs website and services. If you do not accept the Terms and Conditions, we request that you log off and refrain from using our services. By using this web site, you agree to accept the terms and conditions stated herein.

ProGayJobs may revise this agreement at any time and without notice by updating this page; subsequent changes will also be binding. If at any time you find the agreement unacceptable, you should cease using ProGayJobs. This site is designed for its initial and intended purposes only. All other use is expressly forbidden without prior notification and receipt of authorized approval.

Your use of ProGayJobs and its services is a privilege. ProGayJobs reserves the right to suspend that privilege on an individual basis for any reason and at any time, in its sole discretion. Questions concerning the use of the ProGayJobs website and its services should be directed to Info@progayjobs.com.

Definitions
For the purposes of this Agreement, the following definitions apply:

     Website refers to the trademark, domain name and “Material” contained within http://www.progayjobs.com.

     Material includes all Text, Graphics, Design and Programming used on the ProGayJobs website.

     Text includes all text on every page of the ProGayJobs web site, whether editorial, navigational, or instructional.

      Graphics includes all logos, buttons, and other graphical elements on this website, with the exception of paid advertising banners.

     Design includes the color combinations and the page layout of the ProGayJobs website.

     Programming includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the ProGayJobs website.

     Document refers to any posting to the ProGayJobs website, whether job or resume.

     You and User refer to any individual who uses any aspect of the ProGayJobs website or its services.

Property:

 All Materials on this website are the sole property of ProGayJobs, and are protected by U.S. copyright laws and international treaties. ProGayJobs authorizes you to view and download a copy of the “Material” on ProGayJobs solely for your personal and noncommercial use. You may not sell, reproduce, modify, display, or distribute the material or make use of it in any other way for any public or commercial purposes. This includes copying or adapting the material for use on any other website or in a networked computer system. Additionally, it is prohibited to copy or adapt the HTML code that ProGayJobs has created to generate its pages.

Material and contents of ProGayJobs website, such as text, graphics, images, design logo, icons, buttons, and software are trademark protected and are the sole property of ProGayJobs, L.L.C. All other product and service marks contained on this website are the trademarks and property of their respective owners.

General Rules:

The ProGayJobs website and services and its intended use is to aid individuals in obtaining employment and to aid employers or recruiters in obtaining candidates for their employment needs. ProGayJobs may only be used for the lawful purposes within the stated context of ProGayJobs’s intended and acceptable use; ProGayJobs is the sole interpreter of its intended and acceptable use.

As one of the conditions of your use of this website, you represent, warrant and agree that you will not use, or plan, encourage or help others to use, the website for any purpose, or in any manner, that is prohibited by these terms and conditions or by applicable law. It is your responsibility to ensure that your use of ProGayJobs complies with these terms and conditions. In particular, acceptance indicates a conscious agreement to the following rules for posting, conduct and security on ProGayJobs web site.

Posting Rules: 

Your Document may not contain any of the following:

URLs or links to Web sites (To advertise your company on our website, contact our Sales Department at Advertising@progayjobs.com.)

Copyrighted material (Unless you own the copyright or have the owner's permission to post the copyrighted material)

Trade secrets (Unless you own them or have the owner's permission to post them)

Material that infringes on any other intellectual property rights, or on the privacy or publicity rights of others

Anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful

Content or material that is in anyway offensive to others

You may not use your Document to:

Impersonate another person, living or dead

Post false, inaccurate or misleading information

Post advertisements or business solicitations

Post chain letters or pyramid schemes

Post opinions or notices, commercial or otherwise

Your document must contain sufficient detail to convey clearly to the user the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the user to “e-mail for more details” are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.

     Job postings must be individual openings for traditional, W-2 or 1099 employees.

     Resume postings must contain the accurate resume of a living individual seeking employment on a full-time or contractual basis on his or her own behalf.

ProGayJobs is under no legal obligation to, and generally does not, control the information provided by other users made available through this website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this website.

Forms

You understand and agree that the materials may contain sample or form agreements, letters or other documents (forms). Forms may include financially or legally significant documents, such as contracts, leases, balance sheets, assignments and other items, and are provided to you solely as examples of typical documents of their kind. The delivery and use of forms does not constitute legal, accounting or other professional advice, and you are urged to consult an appropriate professional licensed in your jurisdiction before using any forms. You therefore assume all risk associated with forms, and agree to defend, indemnify, and hold harmless ProGayJobs, its agents, shareholders, employees and officers, from, and against, any and all claims, demands, threats, suits or proceedings, or any losses or liabilities (including attorneys' fees and costs) associated with such claims, demands, threats, suits or proceedings arising from any breach of this agreement by you, or any use by you of the site, or the materials, including, without limitation, said forms.

Rules of Conduct

• You may not respond to postings by other users in any manner or for any purpose other than that which is expected (i.e., to apply for a job or to initiate further discussion with a candidate). Communications soliciting an employer's business by our competitors are prohibited.
• You may not send unsolicited commercial e-mail to ProGayJobs users.

Protect your Password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the ProGayJobs website, you risk losing your access to the service. You agree to notify ProGayJobs immediately of any unauthorized use of your registration and password.

• Report inappropriate postings or conduct to Info@progayjobs.com.
• You may not delete or revise any material posted by any other person or entity.

ProGayJobs is under no obligation to monitor the conduct of its users, but it may monitor documents and content at random. Documents found to violate the above posting rules may be removed at the discretion of ProGayJobs. Users who violate these posting rules may be denied access to the website at the discretion of ProGayJobs. ProGayJobs is the sole interpreter of the posting rules and they are subject to change.

Security Rules

Users are prohibited from violating, or attempting to violate, the security of the ProGayJobs website, including, without limitation:

• Accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the site, overloading, "flooding", "e-mail bombing" or "crashing";
• Sending unsolicited e-mail, including promotions and/or advertising of products or services,
• Forging any TCP/IP packet header, or any part of the header information, in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal legal action

Violation of these security rules may result in civil or criminal legal action. ProGayJobs will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimers and Limitations on ProGayJobs Liability

• ProGayJobs assumes no responsibility for documents posted by users of the site. By accepting these terms and conditions, you assume sole responsibility for the documents you post on ProGayJobs and for your conduct and activities on or off the site.
• Nothing on the site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regard to its website, products, services, hiring, employment or recruiting practices.
• ProGayJobs makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any documents posted by users, or of any other form of communication engaged in by users. Documents may contain inaccuracies or typographical errors. You acknowledge that any reliance on documents posted by users of ProGayJobs, or on any other form of communication with users of ProGayJobs, is at your own risk.
• ProGayJobs makes no representations or guarantees regarding the content of the site, including, but not limited to, broken links, inaccuracies or typographical errors.
• ProGayJobs makes no representations or guarantees regarding the accuracy, reliability, completeness or timeliness of the website or its material. By accepting these terms and conditions, you agree to use the website at your own risk. ProGayJobs may change the site at any time without prior notice.
• ProGayJobs does not warrant that the website will operate error-free or that this website or its services are free of computer viruses or other harmful mechanisms.
• You assume all responsibility and risk for the use of this website and Internet use in general. ProGayJobs and its materials are provided on an AS IS basis without warranties of any kind, express or implied. ProGayJobs, to the fullest extent permitted by law, disclaims all warranties, including the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose. ProGayJobs makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, or links.
• ProGayJobs, in and of itself, is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the website or its materials in meeting the employment objectives of users. ProGayJobs does not guarantee that documents posted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, or subsequent events which arise or occur from said decisions, for whatever reason made, enacted or enforced.
• For NO reason nor in any event shall ProGayJobs, its subscribers or advertisers, be liable for any damages whatsoever, including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption resulting from the use or access to, or the inability to use or access, or the misuse of the ProGayJobs website and the material contained therein whether or not ProGayJobs is advised of the possibility or probability of such damage.
• If the limitations sets forth in the preceding paragraph are held inapplicable or unenforceable for any reason, then the MAXIMUM LIABILITY of ProGayJobs to you for any type of damages shall be limited to U.S. $100.00.

Links to Other Sites

ProGayJobs contains links to third party websites. These links are provided solely as a convenience to you and are not necessarily an endorsement of any product or services by ProGayJobs. ProGayJobs is not responsible for the content or material of linked third-party sites and does not make any representations regarding the content, material or accuracy of materials on such sites. If you decide to access linked third-party websites, it should be understood that you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless ProGayJobs, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from your use of the site, its content, any document posted by you or another user, or your breach of these terms and conditions. ProGayJobs shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

User Information

ProGayJobs may wish to use certain information it obtains relating to you, including your IP address, name, mailing address, email address and use of the website, exclusively for its internal business and marketing purposes and may, from time to time, disclose non-personally identifying information to third parties for demographics and/or marketing purposes. In addition ProGayJobs reserves the right to comply, at its sole discretion, with legal requirements or requests relating to your use of this website or its services, and/or information you provide while using this site or its services, and/or information which is provided to you or otherwise gathered by ProGayJobs with respect to such use and frequency of use.

In General

ProGayJobs is based in San Francisco, California, U.S.A. The Company makes no claims that the material presented is appropriate for use, or may be downloaded, outside of the United States. Access to the material may not be legal by certain persons or in certain countries. If you access ProGayJobs from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this agreement constitutes the entire agreement between you and ProGayJobs with respect to the use of its website. You understand and agree that, due to the nature of these terms and conditions, in addition to money damages, ProGayJobs will be entitled to equitable relief upon a breach of these terms and conditions by you.

If you have questions or comments regarding the preceding statement of terms and conditions, please e-mail us at Info@progayjobs.com