Welcome to the web sites owned and operated by 24 Seven LLC and its affiliated entities (“24 Seven,” “we,” “us,” “our”) in the United States. Such web sites include those located at www.24seveninc.comand www.24seventalent.com that, together with the various related services, are collectively referred to herein as the “Sites.” 24 Seven LLC, is a Delaware limited liability company with offices located at 120 Wooster Street, 4th Floor, New York, NY 10012.
The 24 Seven Talent Experience.
As part of the Sites, you will have the opportunity to register with us to become part of our talent pool and participate in the benefits afforded to registered users. Such registration will, among other things, help you achieve your dream job, get trained in the latest technologies, network with like-minded talented individuals, consult with our recruitment specialists, attend useful seminars, get career advice, get news that matters to you, discounts that help your pocketbook, and opportunities that help you open fascinating career doors.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services offered within the Sites, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
Modifications; Suspension of Sites.
We also reserve for ourselves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Sites, including, but not limited to, any membership opportunities, benefits, fees, or features, or any of the content, services, or features of the Sites or their hours of availability. We may also impose limits on certain features of the Sites or restrict your access to part or all of the Sites without notice or penalty. We shall not be liable to you or any third party should we exercise our rights to modify, suspends, discontinue or otherwise change any aspect of the Sites or terminate your access to the Sites.
You understand and agree that temporary interruptions of the services available through the Sites may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of the Sites, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Use of Sites Restrictions.
The Sites (including, without limitation, its content) are 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 Sites solely for your own internal, non-commercial, lawful use. When reproducing any content from the Sites 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 Sites or any content, information, software, products or services obtained from the Sites, without the prior written permission of 24 Seven.
If you use the Sites 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, including criminal or civil penalties.
Sites Rules of Conduct; Site Security.
There are certain rules of conduct that you must abide by when visiting the Sites. You acknowledge and understand that, while using the Sites, you are strictly prohibited from:
· harassing any other person in any manner or form, including, without limitation, via e-mail or by obscene or abusive language
· impersonating or misrepresenting your affiliation with others
· uploading, distributing, or otherwise publishing through the Sites any content that is libelous, defamatory, fraudulent, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law
· uploading commercial content on the Sites or using the Sites to solicit others to join or become members of any other commercial online service or other organization
· uploading, sharing, posting, or otherwise distributing or facilitating distribution of any content (including text, communications, software, images, sounds, data, or other information) that contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals)
· framing or linking to any content available on or through the Sites
· uploading, posting or transmitting, distributing or otherwise publishing through the Sites any materials that (i) restrict or inhibit any other user from using and enjoying the Sites, (ii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (iii) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact
· engaging in the harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, "screen scraping," "database -scraping," or any other activity with the purpose of obtaining lists of users or other information, or otherwise attempting to interfere with service to any user, host or network
· sending chain letters or engaging in pyramid schemes via the Sites
· decompiling, disassembling or reverse engineering the software comprising or in any way making up a part of the Sites
· attempting to gain unauthorized access to the Sites, any portion thereof or any other computer systems through the Sites (including, without limitation, by accessing data not intended for you or logging into a service or account which you are not authorized to access)
· using the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites
· obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through the Sites
· uploading a resume that is false, inaccurate or incomplete
· uploading the resume of an individual other than you
· deleting or revising any materials posted on the Sites by any other person or entity
· attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
· forging any TCP/IP packet header or any part of the header information in any e-mail or other communication or posting
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.
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, notify 24 Seven's Designated Agent (as defined below). To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated
24 Seven LLC
120 Wooster Street, 4th Floor New York, NY 10012
voice: 212-966-4426 extension 105
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
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. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from your submission of User Content.
Pictures (whether it be photographic, digital, or any other form of media) which you submit of yourself or in which you may be included, intact or in part, (such pictures being referred to herein as the “Pictures”) are considered User Content and, accordingly, 24 Seven is granted the unrestricted right and permission to alter, use, re-use and distribute Pictures for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. By submitting Pictures, you (i) are granting permission for the use of any printed material in connection therewith and (ii) relinquish any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
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 Sites. As a result, you may be exposed to content on the Sites that you find offensive or objectionable. Your use of the Sites is at your own risk. Opinions posted on public areas of the Sites, 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 Sites, 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. We are not responsible for any failure or delay in removing such content. THE AVAILABILITY OF ANY USER CONTENT ON OR THROUGH THE SITES DOES NOT MEAN THAT 24 SEVEN ENDORSES ANY SUCH USER CONTENT OR PORTION THEREOF.
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.
Security Precautions Regarding Your Membership Account.
If you become a member of the Sites, 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 Sites. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Finding the Dream Job: Being Considered For One of Our Clients' Freelance or Full-Time Positions.
In order to be considered for one of our clients' freelance or full-time positions, you must be a member of the Sites 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 good 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. As the requirements for each position differ on a case by case basis, no assurances can be given that your qualifications will meet the necessities of any open position within 24 Seven’s needs.
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 make all necessary introductions to prospective employers and we never charge you a fee for our job search services.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES (INCLUDING, WITHOUT LIMITATION, INTRODUCTIONS MADE TO POTENTIAL EMPLOYERS, YOUR PLACEMENT IN FREELANCE 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 SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES 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 SITES OR THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. THE MATERIALS OR SERVICES AT THE SITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES 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 SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
YOU SHOULD NOT RELY ON THE SITES 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 SITES FAIL OR ARE 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 SITES OR THE INFORMATION, SERVICES (INCLUDING, WITHOUT LIMITATION, INTRODUCTIONS MADE TO POTENTIAL EMPLOYERS, YOUR PLACEMENT IN FREELANCE POSITIONS, OUR ASSESSMENT OF YOUR FIT TO A PARTICULAR POSITION), PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES. 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.
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 SITES 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 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."
Applicable Laws and Other General Provisions.
We control and operate the Sites from our offices in the United States of America. 24 Seven makes no representation that materials on the Sites 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 the Sites from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Sites to either a foreign national or a foreign destination in violation of such laws.