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24 SEVEN TALENT TERMS OF USEWelcome to the Web site located at www.24seventalent.com (the "Talent Site"). The Talent Site is owned, operated and made available to you by 24 Seven, Inc. ("24 Seven," "we," "us," "our"), one of the largest talent recruitment agencies specializing in the fashion, retail, home, beauty and entertainment industries. The 24 Seven Talent Experience.We have created this Talent Site to, among other benefits, help you achieve your dream job in the fashion industry and related fields, get trained in the latest technologies used in design, network with like-minded talented individuals, consult with our recruitment specialists, attend useful seminars, get career advice, get news that matter to you, discounts that help your pocketbook, and opportunities that help you open fascinating career doors. Talent Site Terms of Use.The following terms and conditions of use (the "Talent Site Terms of Use") govern your use of the Talent Site. By using the Talent Site you agree to be bound by them. If you access the Talent Site by clicking on the JOB SEEKER button on the Web site located at www.24seveninc.com (the "Inc. Site"), you agree to be bound by both these Talent Site Terms of Use and the Inc. Site's own terms and conditions of use, which are hereby incorporated into these Talent Site Terms of Use as if fully set forth herein. . If you do not agree to these Talent Site Terms of Use, you may not access or otherwise use the Talent Site. Certain portions of the Talent Site may now or in the future offer you special features or services, which may or may not be governed by additional terms ("Additional Terms"), all of which are hereby incorporated by reference as if fully set forth herein. In the event that any of the Additional Terms conflict with these Talent Site Terms of Use, these Talent Site Terms of Use shall control. Age Requirement.The Talent Site is open only to those individuals who have reached the age of majority in the jurisdiction in which they live. By using the Talent Site, you warrant and represent that you are not a minor and that you have the capacity to agree to be bound by these Talent Site Terms of Use and the capacity to engage in any e-commerce transactions or other contractual arrangements made available to you on or through this Talent Site. Domicile Requirement for Use of the Talent Site.You must be domiciled in the United States to use the Talent Site and you represent and warrant that you are so domiciled. Modifications; Suspension of Talent Site.24 Seven reserves the right to change these Talent Site Terms of Use from time to time, and at any time, with or without notice to you, by posting such changes on the Talent Site. You are responsible for regularly reviewing these Talent Site Terms of Use. By using the Talent Site following any modifications to these Talent Site Terms of Use, you agree to be bound by any such modifications. If you do not agree to comply with the Talent Site Terms of Use as modified, you may not use the Talent Site after the modifications took place. We also reserve for ourselves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Talent Site, including, but not limited to, any membership opportunities, benefits, fees, or features, or any of the content, services, or features of the Talent Site or its hours of availability. We may also impose limits on certain features of the Talent Site or restrict your access to part or all of the Talent Site without notice or penalty. Use Of Talent Site Restrictions.The Talent Site (including, without limitation, its content) is made available for your personal and non-commercial use only. You may display and, subject to any expressly stated restrictions or limitations relating to specific content, electronically copy, download onto a single personal computer and other Internet-compatible device and print single hard copy portions of the content from the Talent Site solely for your own internal, non-commercial, lawful use. When reproducing any content from the Talent Site in connection with any of the above authorized uses, you may not erase, delete, remove, or otherwise modify or tamper with any of the proprietary notices affixed to such content. Other than as expressly permitted above, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Talent Site or any content, information, software, products or services obtained from the Talent Site, without the prior written permission of 24 Seven. If you use the Talent Site in any way other than as authorized, you may violate copyright, trademark and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Talent Site Rules of Conduct; Site Security.There are certain rules of conduct that you must abide by when visiting the Talent Site. You acknowledge and understand that, while using the Talent Site, you are strictly prohibited from:
Any violations of these rules may result in civil or criminal liability. 24 Seven 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. Intellectual Property.This Talent Site and all the content contained thereon or accessible through it, including, without limitation, the Talent Site's look and feel, its design and organization, all the software code and data contained therein, the collection and compilation of the content, code, data and other materials on the Talent Site, and all proprietary rights embodied in or arising from any of the foregoing (including without limitation, copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights) are and shall remain the sole and exclusive property of 24 Seven or its licensors. The Talent Site is copyrighted as a collective work under the United States and other copyright laws, is the property of 24 Seven, and includes works that are licensed to 24 Seven for use as part of the Talent Site. Your use of the Talent Site shall not be deemed to grant you any ownership rights in any of the foregoing and 24 Seven is not granting you any express or implied license to use any of the foregoing except to the extent expressly permitted herein. YOU ONLY HAVE A LIMITED RIGHT TO USE THE SITE IN ACCORDANCE WITH THESE TALENT SITE TERMS OF USE. Notices And Procedures For Making Claims Of Copyright Infringement.24 Seven respects the intellectual property of others, and we ask our users to do the same. 24 Seven will process and investigate notices of alleged infringement, and will take appropriate actions in accordance with the applicable intellectual property laws. If you believe that your work (or the work of a third party on whose behalf you are authorized to act) has been copied in a way that constitutes copyright infringement, please forward the following information to 24 Seven's Copyright Agent named below, who has been designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512(c)(2):
Copyright Agent: Privacy Policy.In the course of your use of the Talent Site, we may obtain certain personally identifiable information about you. Any such personally identifiable information will be treated by 24 Seven in accordance with 24 Seven's Privacy Policy , which is hereby incorporated into these Talent Site Terms of Use by reference for all purposes. User Content.
Unless specifically requested by us, or unless uploaded by you as part of your resume after you have become a registered member of the Talent Site, we do not solicit nor do we wish to receive any confidential or secret information or other material from you through the Talent Site, by e-mail or in any other way. Except for any personally identifiable information we may collect from you under the guidelines established in our By submitting or sending User Content to us: (i) you represent and warrant that the User Content is original to you, that no other party has any rights thereto, that any "moral rights" in such User Content have been waived and that such User Content, and our uses thereof, do not and will not at any time violate, misappropriate or infringe any third party right or law; and (ii) you grant us and our designees a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, disclose, distribute, transmit, display, publish, perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit your User Content (in whole or part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes. We cannot be responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time. We are not responsible for the content or text of, or any typos, misspellings, grammar or other errors in, your User Content. 24 Seven does not and cannot review all User Content posted to or created by users accessing the Talent Site. As a result, you may be exposed to content on the Talent Site that you find offensive or objectionable. Your use of the Talent Site is at your own risk. Opinions posted on public areas of the Talent Site, if any, and elsewhere by users are not the opinions of 24 Seven. You acknowledge that by providing you with the ability to post or view User Content, 24 Seven is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such User Content. However, 24 Seven reserves for itself the right to monitor all portions of the Talent Site, and to block or remove communications or materials that it determines to be (i) abusive, defamatory, offensive or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or other intellectual property or other right, (iv) in violation of any law or regulation, or (v) otherwise unacceptable to 24 Seven in its sole discretion. THE AVAILABILITY OF ANY USER CONTENT ON OR THROUGH THE TALENT SITE DOES NOT MEAN THAT 24 SEVEN ENDORSES ANY SUCH USER CONTENT OR PORTION THEREOF. Third-Party Links.In an attempt to provide increased value to you, this Talent Site may contain third party offerings of services or products and other links to other Web sites on the Internet that are owned and operated by third party vendors, affiliates and other third parties (collectively, the "Third Party Sites"). Any such third party offerings are provided only on the applicable Third Party Sites (and not on this Talent Site) and are governed solely by the terms and conditions of use and privacy practices of such Third Party Sites (and not by the Talent Site Terms of Use or the 24 Seven Privacy Policy, even though, in some instances, for example, a Third Party Site's offerings may be tied to benefits obtainable by virtue of your being a member of this Talent Site). 24 Seven is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of these Third Party Sites. 24 Seven does not control or endorse and does not assume any responsibility or liability for the actions, terms and conditions of use, privacy and data collection practices, availability, products, services and content of these Third Party Sites and any other third parties. LINKS TO THIRD PARTY SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND YOU ACCESS AND USE THEM AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT 24 SEVEN IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, INJURY, OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OF, OR RELIANCE UPON, ANY CONTENT, GOODS OR SERVICES AVAILABLE ON ANY THIRD PARTY SITES. Two Types of Membership Available: Free and Premier.The Talent Site makes two types of membership available on the Talent Site: Free and Premier.
The Free Membership
The Premier Membership. Security Precautions Regarding Your Membership Account.If you become a member of the Talent Site, you are responsible for maintaining the strict confidentiality of your membership account password, if any, and you are responsible for any activity under your membership account and password. You agree to (i) immediately notify us of any unauthorized use of your membership password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your membership account, and notify 24 Seven when you desire to cancel your membership on the Talent Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. Canceling Your Membership.You may cancel your Free or Premier Membership at any time by following these Cancellation Procedures . While you may cancel your Premier Membership at any time, once paid, the yearly Premier Membership fee of $39.95 is non-refundable. Finding the Dream Job: Being Considered For One of Our Clients' Free-Lance or Full-Time Positions.In order to be considered for one of our clients' free-lance or full-time positions, you must be a member of the Talent Site and you must upload your resume to our database. After you submit your resume to us, two things will happen: (1) your resume will be sent to the inbox of a 24 Seven recruitment specialist who will review the resume and decide whether to contact you personally, and (2) you will receive an auto response stating that your resume will be kept in our database for six months from the date it was uploaded and that during that time you may receive a call from one of our recruitment specialists if he or she believes that you might be a goof fit for an available position. Whether a 24 Seven recruitment specialist contacts you will depend on your years and type of experience, salary requirements, education, and your resume's relevance to open positions. If a 24 Seven recruitment specialist contacts you for an interview, and you are interested in meeting with us, we will schedule an interview for you to come to meet us in one of our conveniently located offices or, if a meeting in person is not warranted, we will set up a preliminary phone interview. A face to face interview lasts approximately 30 minutes. During that time, we ask you that you tell us about your prior work experience, education, interests, salary information, and geographic location and, if relevant, we will ask to see your portfolio. We will also tell you about our open positions that might fit your experience. During the face to face interview we may ask you to fill out an application and provide us with details about your prior work experience and professional references. We will also ask that you complete an I-9 document, and provide us with the appropriate documentation that indicates that you are legally authorized to work in the United States.
If we match you with an open free-lance position, we will ask that you sign an employment agreement with 24 Seven and become our employee. If you wish to review a form of our 24 Seven Employment Agreement, click We will make all necessary introductions to prospective employers and we never charge you a fee for our job search services. Disclaimer of Warranties.THIS TALENT SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES (INCLUDING, WITHOUT LIMITATION, INTRODUCTIONS MADE TO POTENTIAL EMPLOYERS, YOUR PLACEMENT IN FREE-LANCE POSITIONS, OUR ASSESSMENT OF YOUR FIT TO A PARTICULAR POSITION), PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, 24 SEVEN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 24 SEVEN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE TALENT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS TALENT SITE OR THE SERVER THAT MAKES THE TALENT SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 24 SEVEN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR INABILITY TO USE ANY OF THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS PROVIDED ON OR THROUGH THE TALENT SITE OR THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE TALENT SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, US NOT EXPRESSLY MADE HEREIN OR IN A SEPARATE AGREEMENT BETWEEN YOU AND 24 SEVEN. IF YOU ARE DISSATISFIED WITH THE TALENT SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE TALENT SITE. YOU SHOULD NOT RELY ON THE TALENT SITE OR US TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT. YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE TALENT SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST. Limitation Of 24 Seven's Liability.IN NO EVENT SHALL 24 SEVEN OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE "24 SEVEN ENTITIES"), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF 24 SEVEN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE TALENT SITE OR THE INFORMATION, SERVICES (INCLUDING, WITHOUT LIMITATION, INTRODUCTIONS MADE TO POTENTIAL EMPLOYERS, YOUR PLACEMENT IN FREE-LANCE POSITIONS, OUR ASSESSMENT OF YOUR FIT TO A PARTICULAR POSITION), PRODUCTS, AND MATERIALS AVAILABLE FROM THE TALENT SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL 24 SEVEN BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT (INCLUDING, WITHOUT LIMITATION ANY USER CONTENT) POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE TALENT SITE. NOTHING CONTAINED HEREIN SHALL MAKE 24 SEVEN YOUR EMPLOYER. ANY EMPLOYMENT RELATIONSHIP WITH 24 SEVEN, IF ANY IS ESTABLISHED, WILL BE AS SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOU AND 24 SEVEN AND WILL NOT BE GOVERNED BY ANYTHING CONTAINED ON THIS TALENT SITE, OR THESE TALENT SITE TERMS OF USE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE 24 SEVEN ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TALENT SITE TERMS OF USE OR YOUR USE OF THE TALENT SITE, EXCEED, IN THE AGGREGATE, $50.00. Release From Liability.YOU HEREBY AGREE TO RELEASE US FROM ANY CLAIMS, DEMANDS OF ANY KIND, KNOWN OR UNKNOWN, ARISING OR IN ANY OTHER WAY CONNECTED WITH ANY DEALINGS OR DISPUTES THAT YOU MIGHT HAVE WITH ANY OTHER USERS OF THE TALENT SITE OR ANY THIRD PARTY SITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MIGHT OTHERWISE HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES IN RELEVANT PART THAT "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." Indemnification.You agree to indemnify, defend, and hold harmless the 24 Seven Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting in any way from your use of the Talent Site, the User Content, your violation of any law or third party right or breach of these Talent Site Terms of Use. Applicable Laws and Other General Provisions.We control and operate this Talent Site from our offices in the United States of America. The Talent Site may not be available to individuals or companies outside of the United States. 24 Seven makes no representation that materials on the Talent Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Talent Site from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States or any other jurisdiction's export, re-export or import laws and regulations. These Talent Site Terms of Use and the relationship between you and 24 Seven shall be governed in all respects by the laws of the state of New York, United States, without regard to its conflict of laws principles. Except as otherwise provided in the Arbitration section provided below, you agree that the exclusive jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Talent Site or these Talent Site Terms of Use shall be in the state or federal courts located in New York County, New York and you agree to submit to the personal and exclusive jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Talent Site or these Talent Site Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. 24 Seven's failure to insist upon or enforce strict performance of any provision of these Talent Site Terms of Use shall not be construed as a waiver of any provision or right. If any provision of these Talent Site Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Talent Site Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Talent Site Terms of Use. 24 Seven may assign its rights and duties under this Agreement to any party at any time without notice to you. Arbitration.By using this Talent Site, you agree that 24 Seven, in its sole discretion, may require you to submit any disputes arising from your use of this Talent Site or these Talent Site Terms of Use, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in these Talent Site Terms of Use or their adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall take place in New York County, New York and shall be governed by the laws of the state as set forth in the Applicable Laws section of these Talent Site Terms of Use. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by applicable law. |
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