1. Intent. Be advised these pages and their content contains the terms and conditions (the "Terms and Conditions") governing your access and use of the Talenthoney Web Sites, Applications and the Services (as defined below) provided by Talenthoney, LLC or any of its divisions (collectively, “Talenthoney"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Talenthoney Web Sites or Services. These Terms and Conditions are effective as of July 1, 2016.
2. Binding Agreement. Use of the sites and applications are at your own risk. These Terms and Conditions (as they may be amended from time to time by Talenthoney), together with your Advertising Agreement, Service Agreement, Privacy Policy, or other agreements (where applicable), form a binding agreement (the "Agreement") between you and Talenthoney LLC. Access to or use of the Talenthoney Web Sites, Applications or Services indicates your acceptance of these Terms and Conditions.
3. Definitions. The following definitions pertain to this Agreement:
3.1 "Talenthoney Web Site" or the "Site" (collectively, the "Talenthoney Websites" or the "Sites") means any web site or pertinent application or mobile “app”, under Talenthoney LLC's control, whether partial or otherwise and includes such Site's Content, Graphics, Logos, Text, Design, Programming, Proprietary Assessments, Talenthoney Materials and other Services (as applicable).
3.2 "Talenthoney Materials" includes any materials, content, processes, methodologies, data, agreements, terms and conditions, service plans or other intellectual property used during the provision of any Services.
3.3 "Content" includes all Text, Logos, Graphics, Design, Assessments, and Programming used on the Sites. The contents of the site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other, are protected under copyright, trademark and other international laws.
3.4 "Document" refers to any posting to a Site, whether job or resume.
3.5 "Design" includes the color combinations, graphics, and the page layout of the sites or Apps. "Programming" includes both client-side code (HTML, PHP, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Sites.
3.6 "Graphics" includes all logos, taglines, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners. "Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
3.7 "Employer" means a person, company, or entity that is accessing a site to post a job, search profiles, or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.8 "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 "Job Seeker” or “Candidate" means a User who is accessing a site to search for a career/job or in any other capacity except as that of an employer.
3.10 "Services" means any services provided by Talenthoney or its agents described herein and specified more fully in the Service Activation Agreement.
3.11 "User" refers to any individual or entity that uses any aspect of the Sites.
3.12 "You" or "you" means the person who (or an entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions as set forth.
4. Intellectual Property Rights and Acceptable Use of the Sites, Applications, and Services.
4.1 General Use Rules. The Sites and Applications are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Talenthoney's intended and acceptable use of the Sites. Talenthoney LLC is the sole interpreter of the Sites' intended and acceptable use. Users agree not to sell or modify the content or reproduce, display, publicly perform, or distribute content in any way for any public or commercial purpose, or in any other manner that disparages or discredits Talenthoney or its users, or that otherwise infringes upon Talenthoney and its intellectual property rights. Users hereby further agree to in no other way misuse such content.
4.2 License to Use by Users who are Employers. Talenthoney hereby grants you and your firm a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use-seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Talenthoney also grants you a limited, terminable, non-exclusive license to use the Talenthoney Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Talenthoney to any third party without the express written authorization of Talenthoney. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be held responsible for all uses of your site registrations and passwords, whether or not authorized by you. You agree that you are solely responsible for the content of any document(s) you post to the site and any consequences arising from such posting. Talenthoney reserves the right to suspend or terminate your access and use at any time if Talenthoney determines that you are in breach of these Terms and Conditions.
4.3 License to Use by Users who are Job Seekers. Talenthoney hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Talenthoney reserves the right to suspend, ban, or terminate that privilege for any reason at any time, in its sole discretion. You are responsible for maintaining the confidentiality of your account and profile and applicable passwords. You agree to immediately notify Talenthoney of any unauthorized use of your account, profile, or passwords.
4.4 License and permissible use by Job Seekers and Employers. The following actions are NOT permissible by Talenthoney, and are a violation of site and application usage. Be advised that any such violation may be justifiable cause for Talenthoney to suspend or close your account, or under infraction of law, to pursue legal action where necessary. Users, may not:
(a) transmit, post, distribute, store or destroy material, including without limitation any site content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of the aforementioned Talenthoney Privacy Policy.
(b) take any action that imposes an unreasonable breach or “hack” of the site or applications, or reverse engineer or decompile the site or application.
(c) use any device to navigate or search the site, other than the tools available provided, or use any data mining, robots or similar data gathering or extraction methods.
(d) violate or attempt to violate the security of any Talenthoney site or application. Including any attempt to probe, scan or test the vulnerability of a system or network or to breach security measures.
(e) share with a third party any login credentials, or accessing data not intended for you or logging into a server or account which you are not authorized to use.
(f) copy or duplicate or link in any manner, any of the content or information available from Talenthoney, other than as permitted by these terms.
(g) post any content or material that promotes or endorses false/misleading information or illegal activities, or endorses or provides information about such illegal activities, including but not limited to making or buying illegal weapons or drugs, violating someone's privacy, providing or creating computer viruses or pirating media, or other illegal activities.
(h) post any resume or profile or apply for any job on behalf of another party, or set more than one copy of a resume to public at any one time, or posting/submitting any incomplete, false or inaccurate biographical information or other information which is not your own.
(i) forge any TCP/IP address or header or any part of the header information in any e-mail or newsgroup posting.
(j) post content that contains restricted or password restricted access pages, or hidden pages and images.
(k) solicit passwords or personally identifiable information from other users, or delete or alter any material posted by any other person or entity.
(l) send unsolicited mail or email, make unsolicited phone calls or send faxes promoting and/or advertising products or services to any user(s) that have specifically requested not to be contacted.
(m) harass, incite or advocate harassment of any group, company, or individual.
(n) attempt to interfere with service to any user, host/network, including, without limitation, via means of submitting a virus to any Talenthoney site or application, overloading, "flooding", "spamming", "mail-bombing", "crashing", or “hacking”.
(o) use Talenthoney services or sites/applications, for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Talenthoney’s sole discretion.
Any such violations of system or network security may result in civil and/or criminal liability. Talenthoney LLC will investigate occurrences which may involve such violations, and cooperate with law enforcement authorities in prosecuting any user(s) who are involved in committing any such violations.
4.5 Talenthoney Intellectual Property Rights. The Sites, the Talenthoney Materials and all right, title and interest in and to the Sites and Talenthoney Materials are the sole property of Talenthoney or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Talenthoney reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Talenthoney Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes:
(a) copying or adapting the HTML code used to generate web pages on the Sites;
(b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Talenthoney on such Talenthoney Sites and other than generally available third party web browsers (e.g., Internet Explorer, MS Edge, Firefox, Safari); and
(c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Talenthoney Sites, without the express written consent of Talenthoney. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Talenthoney Materials are not considered to be works for hire and you may duplicate such Talenthoney Materials only for the purposes outlined in the Service Agreement. "Talenthoney," "The Bee", the Talenthoney design logo and certain other names or logos are service marks or trademarks of Talenthoney LLC, and all related product and service names, design marks and slogans are the service marks or trademarks of Talenthoney. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Talenthoney's trademarks, service marks and copyrights. Any code that Talenthoney creates to generate or display the Content or the pages making up the Sites is also protected by Talenthoney's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Talenthoney Materials on any authorized copy you make of the Content or Talenthoney Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.6 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Talenthoney a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
Talenthoney respects the intellectual property of others, and we ask our Users and partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As such, for the use of the sites and applications, User or Employer agree not to infringe upon the intellectual property rights of others in any way. Talenthoney reserves the right to terminate the accounts of any Users, and block access to our sites of any Users who repeatedly infringe upon any copyrights, or other intellectual property rights, of others.
4.7 Use of Aggregate Data. You understand and agree that Talenthoney LLC owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Talenthoney may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
4.8 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 15 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites 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 the Sites complies with these Terms and Conditions and all applicable laws.
5. Third Party Providers. You acknowledge and agree that Talenthoney may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Talenthoney and its Third Party Providers, Talenthoney will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on Talenthoney LLC's Liability.
6.1 Allocation of Responsibility Talenthoney assumes no responsibility for documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Talenthoney acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring documents posted by Users. If notified by a User of a document which allegedly does not conform to these Terms and Conditions, Talenthoney may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such document. Talenthoney has no liability or responsibility to Users for performance or nonperformance of such activities. Talenthoney may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by Talenthoney. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 Warranty Disclaimers.
(a) The sites are provided on an 'as is' basis without any warranties of any kind, express or implied. Talenthoney, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties' rights, and fitness for a particular purpose. Talenthoney makes no warranties about the accuracy, reliability, completeness, or timeliness of the sites.
(b) Without limitation on the foregoing – (1). Talenthoney LLC does not warrant that the sites will operate error-free or that the sites and their servers are free of computer viruses or other harmful mechanisms. if your use of the sites results directly or indirectly in the need for servicing or replacing equipment or data, Talenthoney is not responsible for those costs. (2) Talenthoney makes no representations or guarantees regarding the truthfulness, accuracy, legality, 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 agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk. (3) Talenthoney makes no representations or guarantees regarding the Content of the Site(s), including, but not limited to, broken links, inaccuracies or typographical errors. (4) Talenthoney makes no representations or guarantees regarding the effectiveness of the services or timeliness of the services in meeting your employment objectives. Talenthoney does not guarantee that the services will result in candidates being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you. (5) to the fullest extent permitted by law, Talenthoney disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Talenthoney makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
6.4 Damage limitations, Liability and Equitable Relief.
(a) You assume all responsibility and risk for your use of the sites, the internet generally, and the documents or employer materials that you post, provide or access and for your conduct on and off the sites. The sites act as venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and profiles and search for and evaluate career opportunities. Talenthoney does not screen or censor the listings, including profiles. Talenthoney is not involved in, and does not control, the actual transaction between employers and candidates. As such, Talenthoney is not responsible for User content, 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. Talenthoney makes no representations about any jobs, resumes or User content on the sites. While Talenthoney reserves the right in its sole discretion to remove content, job postings, resumes or other material from the sites, Talenthoney does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
(b) Talenthoney LLC (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents, suppliers, or advertisers), shall NOT be liable for any non-direct 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 or arising under or in connection with services or the use or access to, or the inability to use or access, the sites and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Talenthoney is advised of the possibility of such damages.
(c) Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. if any are held inapplicable or unenforceable for any reason, therefore Talenthoney LLC's maximum liability to you for any non-direct type of damages shall be limited to U.S. $100.00 in the aggregate.
(d) Talenthoney LLC (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), shall NOT be liable for any direct damages in excess in the aggregate of U.S. $100.00 (or, if you are an employer with a services agreement with Talenthoney, the amounts actually paid by you to Talenthoney under this agreement if greater than U.S. $100.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Talenthoney LLC will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, Talenthoney cannot and does not confirm that each User is who they claim to be. Because Talenthoney does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Talenthoney from claims, demands and damages (actual and consequential and 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. There are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. User assumes all risks associated with dealing with other users with whom you come in contact through the sites. Note, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that Users will use caution and common sense when utilizing the site(s).
6.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
7. Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement you should terminate a Service Agreement or any other service Agreements in which these Terms and Conditions have been incorporated by reference, then Talenthoney LLC shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8. Links to Other Sites. Talenthoney may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Talenthoney of the contents on such third-party web sites. Talenthoney LLC 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.
9. Amendments to this Agreement and Changes to Sites. Talenthoney may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Talenthoney unless Talenthoney agrees to them in a signed writing specifically including those new or different terms. Talenthoney may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless Talenthoney LLC (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Talenthoney LLC shall use reasonable efforts to provide you with prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. User Information and Privacy Policy.
11.1 When you register on any of the Talenthoney Sites or Applications, or in connection with any of the Services, you will be asked to create an account and provide Talenthoney with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
11.2 All User Information will be used in accordance with the terms of Talenthoney's Privacy Policy. Please note, as set forth in the Privacy Policy, that Talenthoney may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Talenthoney reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
11.3 Any personal information you submit must be accurate. The profile requires standard fields to be completed for accuracy. User acknowledges and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein.
11.4 Talenthoney LLC, its officers, management and/or employees shall not liable for the content and/or responsible for any claims made in candidate videos. Videos are provided via a third-party source and /are under the terms and conditions of that third- party provider. Any copying and/or distribution of a video is strictly prohibited without express written consent. All candidate videos are provided in an “as is” format without warranties of any kind, expressed or implied, including but not limited to warranties of title and/or non-infringement, accuracy, or reliability of content. Talenthoney LLC hereby reserves the right to review and suspend any candidate accounts based on inappropriate content of uploaded videos. Any reports of inappropriate content can be made directly to Talenthoney LLC and will be fully investigated.
12. Questions and Notices. Questions concerning the use of the Sites should be directed to customer service. Notices to Talenthoney should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Talenthoney reasonably determines is an appropriate address for you.
13. General. Talenthoney contact information is listed on the Sites and Applications. Talenthoney LLC makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Talenthoney from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any software downloaded from any Talenthoney site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, User represents and warrants that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the Commonwealth of Pennsylvania. The sole relationship between you and Talenthoney is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. 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 by Talenthoney LLC in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Talenthoney. No changes to these Terms shall be made except by a revised posting on this page.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
14.1 Posting Rules:
(a) You may not post any Document to a site that contains: (i) URLs or links or hyperlinks to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or hidden text keywords (including any words embedded in a document and hidden from a general user); (vi) anything that is discriminatory, sexually explicit (that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.), obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post 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"); provided, however that Talenthoney may allow posting of certain training and business opportunities (see 14.1(e) below).
(c) You may not use the names, logos or trademarks of unaffiliated companies other than those of your customer or you may not use the names of colleges, cities, states, towns or countries that are unrelated to the posting.
(d) Your document(s) 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. Documents that encourage the User to "email for more details" are not permitted.
(e) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
(f) In limited circumstances, at Talenthoney LLC's sole discretion, Talenthoney allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Talenthoney reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Talenthoney deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(g) 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. Inaccurate, false, or misleading information is not permitted.
(h) Talenthoney is under no obligation to monitor the documents posted on the sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Talenthoney's sole discretion.
14.2 Posting Standards:
(a) Do Not post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
(b) Do Not post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract.
(c) Do Not post jobs that include any screening requirement in connection with a job where such requirement is not an actual and legal requirement of the posted job.
(d) Do Not post jobs or other advertisements for competitors of Talenthoney.
(e) Do Not post any franchise, pyramid scheme, "membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement, or any business opportunity that requires an up-front or periodic payment or requires recruitment of other members.
(f) Do Not post jobs that sell, promote or advertise products or services for sale.
(g) Do Not post jobs that promote a particular religion or religious agenda, or that endorse a particular political party, political agenda, or political position.
(h) Do Not post jobs that require an applicant to provide information relating to his/her (i) race or ethnic origin (ii) political beliefs (iii) religion (iv) membership in a trade union (v) physical or mental health (vi) sexual lifestyle (vii) the commission of criminal offences or proceedings or (vii) age.
(i) Do Not post jobs for any purpose other than as an employer seeking employees, including but not limited to promotions, products, or services to any job seeker.
(j) Do Not post jobs in order to utilize the information to make unsolicited phone calls/faxes or send unsolicited mail, email, or newsletters to job seekers or to contact any individual unless they have agreed to be contacted.
Talenthoney reserves the exclusive right to remove any job posting or content which in its reasonable discretion, does not comply with the above terms and conditions. If discovered that at any time during use, that you made a misrepresentation of facts or misled Talenthoney in regards to the nature of your business activities, Talenthoney reserves the exclusive right to terminate your use of our services.
Talenthoney does not represent or guarantee the truthfulness, accuracy, or reliability of User content, or any other communications posted by Users nor does Talenthoney LLC or its employees endorse any opinions expressed by Users. Any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited. Prohibited items include, but are not limited to the following:
(a) content that is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual.
(b) content that harasses, incites harassment or advocates harassment of any group or individual.
(c) content that involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”.
(d) content that promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
(e) content that 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.
(f) content that displays or links to pornographic, indecent or sexually explicit material of any kind;
(g) content that 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.
(h) content that 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, providing or creating computer viruses or pirating any media; and
(i) content that solicits passwords or personal identifying information from other Users. Be advised Talenthoney will never request such information via email.
14.3 Conduct Rules:
(a) 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 the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your Talenthoney account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Talenthoney account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Talenthoney account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s). You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Talenthoney immediately of any unauthorized use of your account or password.
(d) Report inappropriate postings or conduct to Customer Service.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time Talenthoney LLC comes to the understanding that you: (i) misled Talenthoney regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Talenthoney reserves the right to terminate your Agreement.
14.4 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) To ensure a safe and effective experience for all of our customers and users, Talenthoney reserves the right to limit the amount of data that may be accessed in any given time frame.
(c)Violation of these Security Rules may result in civil or criminal liability. Talenthoney 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.
15. Copyright Complaints.
15.1 Talenthoney respects the intellectual property of others. It is Talenthoney's policy to respond to claims of copyright and other intellectual property infringement. Talenthoney will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Talenthoney may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Talenthoney will terminate access for Users who are repeat infringers.
15.2 Notifying Talenthoney of Copyright Infringement: To provide Talenthoney notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of [email protected] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
15.3 Providing Talenthoney with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Talenthoney with a counter notification by written communication to the attention of "Trust and Site Security" at [email protected] that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Please note that Sections 16 and 17 below contain terms and conditions relating to specific Services (Resume Database and Analytics) and you should review those Sections closely if you are purchasing or using any of those specific Services.
16. Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with Talenthoney, you are purchasing Resume Database access, the following additional terms apply to you:
16.1 Talenthoney LLC grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Talenthoney Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively "Resumes") solely for your use.
16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database through your account (each an "Authorized Resume Database User"). Each Authorized User will be issued a unique Resume Database Seat (a "Seat") through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized User and Authorized Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.
16.3 Authorized Users may download, one at a time, up to either 250 Resumes per day (per Seat), depending on the Resume Database Use product purchased by you in accordance with the terms of your Agreement. Please note that the term "download" shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in your use of a Resume or any of the information contained therein.
16.4 Neither you nor your Authorized Users may use the Resume Database in any way which, in Talenthoney LLC's sole judgment, adversely affects Talenthoney's business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. Further, use of the Resume Database by you or by your Authorized Users may not interfere with or violate, in any manner, the privacy election of Talenthoney Job Seekers. You understand and agree that any violation of section 16 will give Talenthoney LLC the right to immediately terminate any and all access to the Resume Database and to terminate any corresponding Agreements.
16.5 You and your Authorized Users may use your subscription to the Resume Database only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) send emails that, in Talenthoney's sole judgment, are excessive in frequency or are irrelevant to a particular Job Seeker or (iii) take any other action that is, in Talenthoney's sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
16.6 Talenthoney may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Talenthoney Resume Database, Talenthoney does not convey any interest in or to the Resume Database or any other Talenthoney property or Services. All right, title and interest in and to the Resume Database is and shall remain in Talenthoney.
17. Additional Terms in Connection with Use of Analytics Services. If, in your Service Activation Agreement with Talenthoney LLC, you are purchasing any of our Analytics Services, the following additional terms apply to you:
17.1 Use of Reports. Talenthoney hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Analytics Services (each a "Report"), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without Talenthoney's prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of Talenthoney.
17.2 Use of Your Data. If you have purchased Analytics Services, then you may provide Talenthoney LLC with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files ("Job Seeker Data"). You hereby grant Talenthoney a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company's use. Notwithstanding the foregoing, you understand and agree that Talenthoney may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.
18. Mobile Services. Using the site through a mobile device, User agrees that information about your use through a mobile device and carrier may be communicated to us, including but not limited to the mobile carrier, the mobile device, or User’s physical location. Use of the sites through a mobile device may cause data to be displayed on and through the mobile device. By accessing the sites using a mobile device, User represents that to the extent you import any data to a mobile device that User shall have authority to share the transferred data with the mobile carrier or other access provider. By using any downloadable application to enable use of the Talenthoney sites, User explicitly confirms acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
19. Notices. Except as may otherwise specifically be set forth herein, any notice, demand, consent, election, offer, approval, request or other communication (“notice”) required or permitted under this Agreement shall be deemed duly given if given in writing and either delivered personally or sent by certified or registered mail, postage prepaid, return receipt requested. Any notice to be given hereunder to Talenthoney LLC shall be given in writing. The Company's initial registered office shall be 17 Saint Andrews Boulevard Royersford PA 19468. The registered office may be changed from time to time by action of the Members in accordance herewith and by filing the appropriate form with the Pennsylvania Department of State.
20. Specific Performance. Irreparable injury will result from a breach of any provision of this Agreement, and money damages will be inadequate to fully remedy the injury. Accordingly, in the event of a breach or threatened breach of one or more of the provisions of this Agreement, any party who may be injured (in addition to any other remedies which may be available to that party) shall be entitled to one or more preliminary or permanent injunctions (i) restraining any act which would constitute a breach or (ii) compelling the performance of any obligation which, if not performed, would constitute a breach.
21. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any other document.
22. Amendment. Neither this Agreement nor subsequent agreements may be amended without exclusive permission of Talenthoney LLC. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, permitted assigns, heirs and personal representatives.
23. Miscellaneous. This Agreement may be executed in counterparts and as so executed shall constitute one agreement binding on all parties, notwithstanding the fact that all parties have not signed the original or the same counterpart. This Agreement contains the entire understanding of the parties, and any and all provisions of agreements reached by and between the members have been incorporated herein, or have been intentionally excluded. This Agreement may not be changed orally, but only by a writing signed by all of the parties. The waiver of any breach of any provision hereof shall not constitute a waiver of the provision for any other enforcement thereof, but the provision shall continue in full force and effect. The terms and provisions hereof shall be binding upon and shall inure to the benefit of the parties, and their respective heirs, personal and legal representatives, successors, and assigns, subject, however, to the applicable provisions hereof. The captions used herein are for convenience of reference only, and shall not be deemed to modify or construe any of the terms or provisions hereof. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, whose courts shall have the jurisdiction and venue to enforce the terms hereof. In this Agreement, the singular shall include the plural and the masculine gender shall include the feminine and neuter and vice versa, unless the context otherwise requires.
24. Suspend, Delete, or Close Your Account
Users understand and acknowledge that they have no ownership rights in the account and that if you cancel said account or the account is terminated, all account information, including resumes, profiles, cover letters, saved career matches, or questionnaires will be marked as deleted and may be deleted from Talenthoney’s databases and will be removed from any public area of the site. Information may continue to be available for some period of time because of delays in such deletion through the company’s web servers. In addition, third parties may retain saved copies of User information as noted in the terms and conditions.
Talenthoney also reserves the right to delete a USER account and information after a significant duration of inactivity via the sites or applications.
If you would like to suspend your Employer account or Career Seeker Profile, please send your request to [email protected].
25. Submissions Talenthoney LLC appreciate hearing from our Users and welcomes comments regarding our services and sites. However, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. Please be specific in any 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 Talenthoney LLC and you shall waive any and all claims to those rights of submitted materials. 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. Talenthoney 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 or entity.
26. Term and Termination. These Terms and Conditions will remain in full force and effect while you are a User of any Talenthoney site or application. Talenthoney LLC reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of User Content from the sites and immediate termination of registration with or ability to access the sites and/or any other services provided by Talenthoney. Even after you are no longer a User of the sites, certain provisions of these Terms shall remain in effect.