2. Use of Skilldrum Content
The Company authorizes You to view and access a single copy of the content available on or from Skilldrum solely for your personal use. The contents of Skilldrum, and of all other websites under the Company's control, whether partial or otherwise (Skilldrum and such other websites are sometimes collectively referred to as "AppVault Sites") such as text, graphics, images, logos, button icons, software and other Company Content (collectively, "AppVault Content"), are protected under both United States and foreign copyright, trademark and other laws. All Skilldrum Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the AppVault Sites are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Skilldrum Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Skilldrum Content on any copy You make of the Skilldrum Content. You may not sell or modify the Skilldrum Content or reproduce, display, publicly perform, distribute, or otherwise use the Skilldrum Content in any way for any public or commercial purpose. The use of the Skilldrum Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any Skilldrum Content or the pages making up any Skilldrum Site which is also protected by the Company's copyright.
3. AppVault Site Restrictions
Users may not use any AppVault Site in order to transmit, distribute, store or destroy material, including without limitation Skilldrum Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any AppVault Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any AppVault Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) 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 liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses
The questionnaire and resume database features of Skilldrum may be used only for lawful purposes by individuals seeking employment and employers seeking employees. Skilldrum may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
The Company specifically prohibits any other use of Skilldrum, and all Users agree not to do any of the following: (a) post any information on Skilldrum for any competitor of Skilldrum or posting information or other content that contains links to any site competitive with Skilldrum; (b) post information or content on Skilldrum that contain any hyperlinks, "hidden" keywords or any keywords/responses that are irrelevant, false or are otherwise misleading contained in a resume or questionnaire are prohibited; (c) use the Skilldrum Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services; (d) use Skilldrum for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (e) post or submit to Skilldrum any incomplete, false or inaccurate biographical information or information which is not your own; (f) recruit using Skilldrum for any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (unless the employer makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such use is permissible), requires recruitment of other members, sub-distributors or sub-agents; (g) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of Skilldrum; (h) delete or revise any material posted by any other person or entity; (i) take any action that imposes an unreasonable or disproportionately large load on Skilldrum site infrastructure; (j) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Skilldrum other than the search engine, mechanism and search agents available from the Company on such Skilldrum Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Skilldrum' site; (l) aggregate, copy or duplicate in any manner any of the Skilldrum Content or information available from Skilldrum; or (m) frame or link to any of Skilldrum Content or information available from Skilldrum.
5. Registration Information
6. User Content and Submissions
You are solely responsible for your Skilldrum jobseeker information, profile, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on Skilldrum or transmit to other Users. By posting User Content to Skilldrum, You automatically grant, and You represent and warrant that You have the right to grant, to Skilldrum an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
By posting User Content to any public or non-public area of Skilldrum, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on Skilldrum retains any and all rights that may exist in such User Content.
The following is a partial list of User Content that is prohibited on Skilldrum. The list below is for illustration only and is not a complete list of all prohibited User Content:
o is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; o harasses, incites harassment or advocates harassment of another any group or individual; o involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; o promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; o promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; o contains restricted or password only access pages, or hidden pages or images; o displays or links to pornographic, indecent or sexually explicit material of any kind; o provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or o provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users;
Any Skilldrum information You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Skilldrum profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
Each candidate made available through Skilldrum has taken an online skills evaluation(s) offered by the Company. The results of each candidate's skills evaluation are not reviewed by Company and should be considered by each employer based on such employer's specific criteria. The skills evaluation(s) are proprietary to Company and may be changed from time to time in Company's discretion. The skills evaluation does not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Company does not independently verify the information provided by candidates or the identity of candidates.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
We appreciate hearing from our Users and welcome your comments regarding our services and the Skilldrum site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
7. Registration and Password
You are responsible for maintaining the confidentiality of your Skilldrum account, profile and passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your Skilldrum account, profile and passwords.
8. Registration and Password.
You are responsible for maintaining the confidentiality of your Skilldrum account, profile and passwords. You shall be responsible for all uses of your Web Site registrations, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of account, profile and passwords.
9. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement
If You believe that your copyrighted work has been uploaded, posted or copied to Skilldrum and is accessible on the Skilldrum web site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; 2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing; 3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity; 4. Your name, address, telephone number and, if You have one, your e-mail address; 5. A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and 6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
We have designated Alisa Bittner as our agent to receive notices of claims of copyright infringement on Skilldrum. You can contact Alisa as follows:
|By mail:||Alisa Bittner|
|1200 Abernathy Rd. NE|
|Atlanta, Georgia 30328|
By telephone: 1-678-353-2820
By e-mail: Alisa.Bittner@appvault.com
10. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
AppVault, LLC., and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of Skilldrum, You agree not to use Skilldrum to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Skilldrum account holders, and block access to Skilldrum from any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
11. The Company's Liability
Skilldrum acts as a venue for employers to search for job seekers and candidates to post resumes and share their work experience. Skilldrum does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on Skilldrum.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through Skilldrum and/or the other AppVault LLC Sites. 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 Skilldrum and/or the other AppVault LLC., Sites.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on Skilldrum, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Skilldrum and the content on this web site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of Skilldrum or its content. The use of Skilldrum is at your own risk. Changes are periodically made to Skilldrum and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on Skilldrum. Employers are solely responsible for their search criteria on Skilldrum. The Company is not to be considered to be an employer with respect to your use of Skilldrum and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity utilizing Skilldrum to find potential employees.
Skilldrum cannot guarantee and does not promise any specific results from use of Skilldrum. No advice or information, whether oral or written, obtained by a User from Skilldrum or through or from Skilldrum shall create any warranty not expressly stated herein.
12. Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT Skilldrum WILL OPERATE ERROR-FREE OR THAT Skilldrum AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF Skilldrum OR Skilldrum CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. Skilldrum AND IT'S CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF SKILLDRUM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
13. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE Skilldrum SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE Skilldrum AND IT'S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability
Skilldrum' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE Skilldrum SITE OR YOUR USE OF THE Skilldrum CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.00 U.S. DOLLARS.
15. Links to Other Sites
Skilldrum may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
16. No Resale or Unauthorized Commercial Use
20. Term and Termination