Terms and Conditions for Use of ProGayJobs.com
Introduction
This page
outlines the “Terms and Conditions” for the use of ProGayJobs.com 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.com 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.com. 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.com and its services is a privilege. ProGayJobs.com 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.com website and its services should be directed to Info@progayjobs.com!
Definitions For
the purposes of this Agreement, the following definitions apply:
Ø
Website refers to the trademark, domain name and “Material” contained within
http://www.progayjobs.com.
Ø
Material includes all Text, Graphics, Design and Programming used on the
ProGayJobs.com website.
Ø
Text
includes all text on every page of the ProGayJobs.com web site, whether
editorial, navigational, or instructional.
Ø
Graphics includes all logos, buttons, and other graphical elements on this
website, with the exception of paid advertising banners.
Ø
Design
includes the color combinations and the page layout of the ProGayJobs.com web
site.
Ø
Programming includes both client-side code (HTML, JavaScript, etc.) and
server-side code (Active Server Pages, VBScript, databases, etc.) used on the
ProGayJobs.com website.
Ø
Document refers to any posting to the ProGayJobs.com website, whether job or
resume.
Ø
You
and User refer to any individual who uses any aspect of the
ProGayJobs.com website or its services.
Property:
All Materials on this website are the sole
property of ProGayJobs.com, and are protected by U.S. copyright laws and
international treaties. ProGayJobs.com authorizes you to view and download a
copy of the “Material” on ProGayJobs.com 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.com has created to generate its
pages.
Material and
contents of ProGayJobs.com website, such as text, graphics, images, design
logo, icons, buttons, and software are trademark protected and are the sole
property of ProGayJobs.com, 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.com 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.com may only be used for the
lawful purposes within the stated context of ProGayJobs.com’s intended and
acceptable use; ProGayJobs.com 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.com complies with these terms and conditions. In particular,
acceptance indicates a conscious agreement to the following rules for posting,
conduct and security on ProGayJobs.com 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.
Ø Job postings
must be individual openings for traditional, W-2 or 1099 employees.
Ø 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.com 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.com, 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.com 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.com website, you risk losing your access to the
service. You agree to notify ProGayJobs.com 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.com 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.com. Users
who violate these posting rules may be denied access to the website at the
discretion of ProGayJobs.com. ProGayJobs.com 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.com 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.com 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.com Liability
- ProGayJobs.com 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.com 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.com 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.com, or on any other form of communication with users of
ProGayJobs.com, is at your own risk.
- ProGayJobs.com makes no representations
or guarantees regarding the content of the site, including, but not limited
to, broken links, inaccuracies or typographical errors.
- ProGayJobs.com 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.com may change the site
at any time without prior notice.
- ProGayJobs.com 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.com and
its materials are provided on an AS IS basis without warranties of any kind,
express or implied. ProGayJobs.com, 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.com makes no warranties about the accuracy, reliability,
completeness, or timeliness of the material, services, software, text,
graphics, or links.
- ProGayJobs.com, 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.com 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.com, 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.com website
and the material contained therein whether or not ProGayJobs.com 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.com to you for any type of damages
shall be limited to U.S. $100.00.
Links to Other Sites
ProGayJobs.com 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.com. ProGayJobs.com 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.
You agree to defend, indemnify, and hold harmless
ProGayJobs.com, 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.com 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.com 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.com 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.com with respect to such use and frequency of use.
In
General
ProGayJobs.com 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.com 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.com 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.com 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
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