STARTWIRE.COM TERMS OF SERVICE
YOUR USE OF THE STARTWIRE.COM WEB SITE AND ANY WEB SITES OPERATED BY STARTDATE LABS, INC. (COLLECTIVE, THE "SITE") INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE. STARDATE LABS, INC. ("WE," "US" OR "STARTDATE™") RESERVES THE RIGHT TO UPDATE THE TERMS OF THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED VERSION OF THIS AGREEMENT TO THIS WEB PAGE, SO PLEASE CHECK THIS WEB PAGE FROM TIME TO TIME AS YOUR CONTINUED USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGED TERMS.
1. Limited and Personal Use Only. Your use of the materials and services included on this Site is for informational purposes only. Unless you have received prior written consent from StartDate™, you agree you will not distribute, publish, transmit, modify, display or create derivative works from, exploit, or profit from the contents of this Site. You may only use the Site for the purpose of seeking employment or seeking and managing job prospects, career contacts or career networking on the Site. You agree that in order to use certain services, you will be required to submit your contact information, including email address. By submitting such information, you consent to third parties and/or StartDate™ to send you opportunities to the contact information provided; including content such as job alerts, news alerts, newsletters, product launch notices, and other general company information. If you no longer wish to receive communications from StartDate™ or third parties, you will need to follow the opt-out procedures of StartDate™ or the applicable third party, as the case may be (but you may not be able to use certain services unless you receive such communications).
2. Account Creation. In order to access certain services available on the Site, you may be asked to create a user account (an "Account"). In connection with creating an Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that we may contact you and require you to confirm some or all of your Registration Data before using certain services. We reserve the right to terminate the services and to refuse to provide you with any and all current or future use of our services if in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or, appears to be, untrue, inaccurate, not current or incomplete.
3. Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify StartDate™ of any unauthorized use of your Account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
5. User Generated Content.
5.1 Take Down. You understand and agree that StartDate™ may review and delete any content, including but not limited to jobs, messages, photos or profiles, (collectively, "Content") that in the sole judgment of StartDate™, violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.
5.2 License. By posting or transmitting your Content to any part of the Site or through any service available on the Site, you automatically grant to StartDate™, and you represent and warrant that you have the right to grant to StartDate™, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
5.3 Public Dissemination Acknowledgement. You understand and agree that by posting your Content to the Site, the Content, including your name, questions answered, tags, links, photos and all other Content that you voluntarily post, add, or submit to the Site, may be open to anyone on the Internet and may be found through search engines, scrapers, crawlers and aggregators.
5.4 Postings Requirements. You agree that you will not take any action or post any Content that is prohibited by this Agreement. You agree to the following rules and restrictions with respect to Content (e.g., resumes; job postings) you submit to the Site:
(a) the Content will not (i) infringe on or misappropriate any intellectual property rights, or violate the privacy or publicity rights of others; (ii) contain anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (iii) contain anything that is embarrassing or offensive to another person or entity;
(b) you may not submit any Content to: (i) impersonate another person, living or dead; (ii) transmit any false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership");
(c) your job postings must contain sufficient detail to convey clearly to the user the nature and requirements of the job opportunity, or, in the case of users seeking employment, your qualifications as a candidate for employment;
(d) job postings must be individual openings for traditional, W-2 or 1099 employees;
(e) resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf; and
(f) your profile must truthfully describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent a place, inanimate object, fictional character, animal or real individual who is not you.
5.5 Inappropriate Content. You may not post inappropriate Content on the Site. The following is a partial list of the kind of Content that is inappropriate and prohibited on the Site. StartDate™ reserves the right to investigate and take appropriate legal action, in its sole discretion, against you if you violate these provisions, including without limitation, removing the offending Content from the Site and terminating your Account and/or access. Content that is prohibited includes any acts or Content that:
(a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person or entity;
(c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing ("spam" or "spamming");
(d) transmits files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of a computer, our Site, any software or hardware, or telecommunications equipment;
(e) promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) impersonates any person or entity, including, but not limited to, a StartDate™ representative, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(g) promotes an illegal or unauthorized copy of another person's copyrighted work;
(h) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible web page);
(i) displays pornographic or sexually explicit material of any kind;
(j) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
(m) engages in commercial activities and/or sales without our prior written consent, including, but not limited to contests, sweepstakes, barter deals, advertising, and pyramid schemes, or other uses of the Site that StartDate™ deems inappropriate;
(n) forges or manipulates headers, identifiers or other data in order to disguise the origin of any content transmitted through our Site, or to manipulate your presence on our Site;
(o) takes any action that imposes an unreasonably or disproportionately large load on our infrastructure;
(p) engages in any illegal activities;
(q) uses spiders, bots or avatars to navigate this Site; or
(r) circumvents stated policies or misuses the Site or services for purposes they were not intended, or StartDate™ deems inappropriate.
Even though the acts described above are prohibited, you should be aware that there is a chance that in using this Site, you might be exposed to such items or behavior and, to the maximum extent allowed by law, you further waive your right to any damages (from any party) related to such exposure. You agree to use this Site and the services in a manner consistent with any and all applicable laws and regulations.
6. LIMITATION OF LIABILITY. You agree that you must evaluate, and bear all risks associated with, your use of any content posted, emailed or otherwise made available via the Site. Your reliance on any information or Content available on this Site is at your own risk. IN NO EVENT SHALL STARTDATE LABS, INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE OFFERINGS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE SITE OR ANY SERVICE AVAILABLE ON THIS SITE, (II) ANY INABILITY TO USE THE SITE OR THE SERVICES OFFERED THEREIN, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF STARTDATE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STARTDATE™ OR ITS DIRECTORS, OFFICERS EMPLOYEES OR AFFILIATES ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY CASH COMPENSATION YOU PAY, IF ANY, TO STARTDATE™. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. DISCLAIMER OF WARRANTY. THE SITE AND SERVICES THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF SITE AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STARTDATE™ AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OFFERINGS OR MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER STARTDATE™ NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES REPRESENT OR WARRANT (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SITE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE CONTENT OR ANY MATERIALS ON THE SITE ARE NON-INFRINGING. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. Spamming. You will not engage in advertising to, or solicitation of, other members and users of the Site to buy or sell any products or services through the Site. Further, you will not transmit "junk mail", "chain letters," or unsolicited mass mailings, conduct any form of "spamming", or circumvent our job posting policies while using the Site. It is also a violation of these terms to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member or user for purposes other than in the context of your use of the Site as permitted under this Agreement.
9. Termination of Service. You agree that StartDate™, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site and the services therein (or any part thereof), immediately and without notice, and remove and/or destroy any Content within the Site, for any reason, including, without limitation, if StartDate™ believes that you have acted inconsistently with the terms of this Agreement. Further, you agree that StartDate™ shall not be liable to you or any third party for any termination of your access to the Site.
10. Indemnification. You agree to hold harmless, defend and indemnify StartDate™ from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Site, including, without limitation, any actual or threatened suit, demand or claim made against any StartDate™ that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Content or services available on the Site; or (iv) any Content that you store on or transmit through the Site. StartDate™ may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with StartDate™ in such event.
11. Third Party Links. StartDate™ may, as a convenience to its users, make links to third party Web sites or resources available on or through the Site. StartDate™ is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through the Site. In addition, StartDate™ does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.
12. Copyrights. Contents © 2010, StartDate Labs, Inc. All Rights Reserved. All Site content, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of StartDate™ or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of StartDate™ and protected by U.S. and international copyright laws. The Site is also a copyrighted work of StartDate™. Any rights not expressly granted herein are reserved by StartDate™.
13. Trademarks. STARTDATE™, STARTWIRE.COM, STARTDATE LABS, and other StartDate™ graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of StartDate™ or its affiliates in the U.S. and/or other countries. StartDate™'s trademarks and trade dress may not be used in connection with any product or service that is not StartDate™'s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits StartDate™. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
14. Notification of Claimed Infringement. StartDate™ strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the content available on or through the Site infringes upon any copyright you own or control, or that any link made available on or through the Site directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail - not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or an activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
' • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
' • A description of the copyrighted work that you believe is being infringed;
' • A description of the location of the material that you believe is infringing the copyrighted work;
' • Your contact information (please include your address, telephone number, and email address);
' • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
' • A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.
Sign the Infringement Notice and send the written communication to:______________________.
15. Notices. StartDate™ may provide you notice of changes or any other matter by displaying notices to you generally through the Site or, at its option, by using any contact information you have provided to StartDate™. You agree that notice by the foregoing means shall be deemed complete when transmitted by StartDate™. All notices to StartDate™ (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to: [______________________].
16. Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
17. Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
18. Governing Law; Venue. YOUR USE OF THE SITE SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW HAMPSHIRE, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF MASSSACHUSETTS, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.