(Effective as of October 6, 2013)
ABOUT THE SERVICE
The Service is an online employment recruiting platform that allows Users to post resumes, photographs and contact information and allows employment recruiters (“Recruiters”) and employers (“Employers”) to view User resumes. The Service also allows Users to send messages to and receive messages from Recruiters, Employers, and other Users.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old to register for and use the Service. By registering for the Service, you represent and warrant that you are 18 years of age or older.
You agree to notify us immediately of any unauthorized use of your password and/or account. Lovelye Spirit will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
When you create your own personalized account, you will be able to upload your resume, photograph and contact information to the Site and you will be able to send messages to and receive messages from Recruiters, Employers, and other Users (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
We reserve the right to remove User Content that is deemed inappropriate at our discretion without prior notification to the User.
The Service is free to Users.
Your permission to use the Site is conditioned upon the following Use Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another User’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the Service or the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Lovelye Spirit is not responsible for any public display or misuse of your User Content. Lovelye Spirit does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
You are solely responsible for your interactions with other Users and with Recruiters and Employers on the Site and through the Service. You understand that Lovelye Spirit does not in any way screen its Users, nor does Lovelye Spirit inquire into the backgrounds of its Users or attempt to verify the statements of its Users. Lovelye Spirit makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by Lovelye Spirit, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Lovelye Spirit does not guarantee the accuracy, completeness, or usefulness of any information accessed on the Site or through the Service and neither does Lovelye Spirit adopt nor endorse, nor is Lovelye Spirit responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Lovelye Spirit. Lovelye Spirit takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. Under no circumstances will Lovelye Spirit be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or the Service, or transmitted to Users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Lovelye Spirit may run advertisements and promotions or provide you with convenient links to third party website(s) (“Third Party Sites”), as well as articles, videos, webinars, photographs, text, graphics, pictures, designs, music, sound, video, information, and other materials, content or items belonging to or originating from third parties (the “Third Party Content”). The content and links are provided as a courtesy to Users. Lovelye Spirit has no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Lovelye Spirit, and Lovelye Spirit is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Lovelye Spirit. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Lovelye Spirit respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Lovelye Spirit has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Service, or the Site who are repeat infringers. Lovelye Spirit may terminate access for Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Lovelye Spirit’s designated copyright agent at The Lovelye Spirit, LLC, 833 Broadway, 5th Floor, New York, NY 10003:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit The Lovelye Spirit to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Lovelye Spirit copyright agent, Lovelye Spirit may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may (in Lovelye Spirit’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Lovelye Spirit a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks, and other proprietary rights. “The Lovelye Spirit” and other Lovelye Spirit graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of Lovelye Spirit in the U.S. and other countries. You may not use Lovelye Spirit’s trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Lovelye Spirit endorses any product or service. You may not reproduce or use Lovelye Spirit’s trademarks or trade dress without the prior written permission of Lovelye Spirit. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO LOVELYE SPIRIT
Communications made through the Site will not constitute legal notice to Lovelye Spirit or any of its officers, employees, agents or representatives in any situation where notice to Lovelye Spirit is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about Lovelye Spirit and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com
THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOVELYE SPIRIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LOVELYE SPIRIT MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
LOVELYE SPIRIT DOES NOT GUARANTEE THAT USE OF THE SERVICE WILL RESULT IN YOU OBTAINING A JOB WITH ANY RECRUITER OR EMPLOYER AND YOU ACKNOWLEDGE THAT LOVELYE SPIRIT HAS NO RESPONSIBILITY REGARDING YOUR ABILITY TO BE HIRED BY ONE OF THE RECRUITERS OR EMPLOYERS VIA THE SITE OR THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOVELYE SPIRIT, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, SERVICE DOWNTIME, LOST OPPORTUNITY, REPUTATIONAL HARM, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH LOVELYE SPIRIT OR ANY OTHER USER OR RECRUITER OR EMPLOYER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOVELYE SPIRIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Users, Recruiters, Employers or any other third party resulting from or arising out of or in connection with your use of the Service or Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, 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.”
Lovelye Spirit may modify the Service, and all content, software and other items used or contained in the Service, at any time. You may terminate your Lovelye Spirit registration at any time by providing Lovelye Spirit with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Lovelye Spirit at any time after your termination of your account.
The Lovelye Spirit and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement.
If you intend to seek arbitration you must first send written notice to The Lovelye Spirit’s Customer Care Center of your intent to arbitrate (“Notice”). The Notice to The Lovelye Spirit should be sent by any of the following means: (i) electronic mail to firstname.lastname@example.org; or (ii) sending the Notice by U.S. Postal Service certified mail to The Lovelye Spirit, Attn: Customer Relations, 833 Broadway, 5th Floor, New York, NY 10003. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or The Lovelye Spirit may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.
Except as otherwise provided for herein, The Lovelye Spirit will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AA Rules. In such case, you agree to reimburse The Lovelye Spirit for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
You agree that, by entering into this Agreement, to the extent permitted by applicable law, you and The Lovelye Spirit are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and The Lovelye Spirit agree that YOU AND THE LOVELYE SPIRIT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Lovelye Spirit to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Lovelye Spirit must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.