Jobspot ESL Terms & Conditions (Full Text)
Last Updated: 20th of September, 2017
User Accounts and Sign-up
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, Jobspot ESL may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Jobspot ESL immediately of any unauthorized use of your account or any other breach of security. Jobspot ESL will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Jobspot ESL or another party due to someone else using your account or password. If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf. You may not use anyone else’s account at any time, without the permission of the account holder. Jobspot ESL has the sole discretion in granting or denying any accounts.
Please be aware that our Platform and any content found within it are offered “as-is.” Jobspot ESL does not endorse and may not verify any of its users or any User Content submitted by users found through the Jobspot ESL Platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our Platform. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Jobspot ESL with respect to such actions or omissions.
Access to the Platform
You access portions of our Platform without registering; however, some portions may not be accessible until you register. After properly registering for the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As a user, you do not receive any ownership interest in the Platform; you merely receive the right to use and access the Platform as provided by us. All rights not explicitly granted are reserved for Jobspot ESL. You agree to abide by the following restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform.
- You may not share your account with any other parties unless permitted by us in writing.
- You may not violate any laws, rules or procedures of the United States.
- You may not violate any of our additional policies.
- You may not use our Platform except through specific channels provided by us.
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided by us.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Jobspot ESL or the Platform itself. Failure by us to revoke your access to the Platform does not act as a waiver of your conduct.
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant Jobspot ESL, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, sublicensable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. For clarity, you understand that by submitting User Content you are granting us permission to transfer, assign, and/or sublicense this license for your User Content to other companies and websites to use for similar and appropriate purposes. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images and all other content on our Platform. Therefore, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform or any of our content that is retained by us.
User Content found on the Jobspot ESL Platform does not necessarily reflect the opinion of Jobspot ESL. We reserve the right to remove, delete, modify, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. For example, we may remove User Content if we believe it violates our community standards. We have no obligation to retain or provide you with copies of User Content. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.
When submitting any User Content you agree to the following:
- You agree not to post any User Content that contains nudity, or sexual, or explicit content;
- You agree not to post any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
- You agree not to post any User Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
- You agree not to post any User Content that is considered spam;
- You agree to only post User Content that you own or have licensed and you shall not post any User Content that is in violation of a third parties’ intellectual property rights; and
- You agree not to post any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the Jobspot ESL Platform made using your account. You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Platform to impersonate, stalk, harass, bully or harm another individual;
- You agree that you will not hold Jobspot ESL responsible for your use of the Platform;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Jobspot ESL;
- You agree not to interfere with or disrupt the Platform; and
- You agree to not violate any US federal or state laws while using the Platform.
If you are discovered violating any Content or Conduct Guidelines or if we believe that any of your actions may harm Jobspot ESL’s Platform or our business interests your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Jobspot ESL reserves the right to suspend or terminate any account at any time without notice or explanation.
In order to purchase products or services from our Platform, you may be required to submit your billing and payment information. When purchasing any products and services you expressly agree to pay any amounts listed at the checkout screen. All payments shall be processed using the payment information you have listed in your Jobspot ESL account. Please be aware that we use third party payment processors (such as: 2Check Out.com) to process all payments. You must read and agree with our third party payment processor’s agreements in order to purchase anything from the Platform. All payment information will be processed, stored, and secured by our third party payment processor.
All payments for Jobspot ESL product or services are NON-refundable. If you believe that there has been an error in billing or you are entitled to a refund, please contact us at firstname.lastname@example.org.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
Jobspot ESL or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Jobspot ESL. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Jobspot ESL’ products might seem similar to ideas you submitted to Jobspot ESL. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Jobspot ESL, without any compensation to you; (2) Jobspot ESL may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Jobspot ESL to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Transmission Issues with the Platform
You will immediately notify Jobspot ESL of any problems or issues with the Platform. You understand that we cannot guarantee that our Platform is error-free and that Jobspot ESL cannot be responsible for any interruption to the Platform due to faulty equipment, faulty transmission systems, power outages, other interruptions in transmission services, transmission systems that have been tampered with or any damage or destruction to our equipment or facilities.
Third Party Services
You acknowledge that the Platform may reside in a third party hosting company’s computing environment, which comprises both servers and telecommunications services, and that certain uses of the capabilities offered by such third parties may render the Platform inaccessible or may impair the performance of the Platform for you. You agree that Jobspot ESL is not responsible for any loss, including losses of any User Content due to any third party services that host the Platform.
The names ”www.jobspotesl.com” and “Jobspot ESL,” the design of the Jobspot ESL Platform along with Jobspot ESL created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to Bogdan Shirokov. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Jobspot ESL reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
Representations and Warranties
THE PLATFORM AND ALL VISUAL CONTENT SOLD IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JOBSPOT ESL, INC, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; (C) ANY USER CONTENT AVAILBLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOBSPOT ESL OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. JOBSPOT ESL DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. JOBSPOT ESL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. JOBSPOT ESL DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND JOBSPOT ESL SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL JOBSPOT ESL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR ANY VISUAL CONTENT PURCHASES, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Jobspot ESL’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Jobspot ESL shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
You agree to defend, indemnify and hold harmless Jobspot ESL, Inc, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Jobspot ESL Platform;
- Your violation of any term of this Agreement; and
- Any claim that your use of the Platform harmed a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Jobspot ESL Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- Please also refer to the User Content section of these Terms regarding granting us a license to use your User Content and transfer, assign, and/or sublicense this license to other companies and websites.
- You must sign this notification and send it to our Copyright Agent: Copyright Agent of Jobspot ESL, email@example.com
Jobspot ESL and its Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California. Arbitration
You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration in Alameda County, CA. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (the foregoing time limitation is not applicable to residents of New Jersey) . In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Alameda County, CA.
You and Jobspot ESL agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You may terminate this Agreement by cancelling your account via your account dashboard or contacting us at firstname.lastname@example.org. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled and your User Content may be deleted. We may terminate your access if we determine that: (1) you have violated any applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our Platform policies; or (3) if we believe that any of your actions may harm Jobspot ESL, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so
Third Party Links
The Platform may contain links to third party websites that are not owned or controlled by Jobspot ESL. Jobspot ESL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Jobspot ESL will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly relieve Jobspot ESL from any and all liability arising from your use of any third-party website.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Jobspot ESL are deemed to conflict with each other’s operation, you agree that Jobspot ESL shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
The communications between you and Jobspot ESL use electronic means, whether you visit the Platform or send Jobspot ESL e-mails, or whether Jobspot ESL posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Jobspot ESL in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Jobspot ESL provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.