JobsforHospitality User Agreement
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
This User Agreement was written in English (US).
The mission of JobsforHospitality is to connect working mothers with potential employers and other likeminded professionals to enable them to be more productive and successful while being able to balance lifestyle and work on terms that best suit them as an individual. We work to fulfill this mission by helping you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.
B. Scope and Intent.
2. YOUR OBLIGATIONS.
A. Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
1. DOs and DON’Ts;
2. Complaints Regarding Content Posted on the JobsforHospitalityWebsite; and
B. License and warranty for your submissions toJobsforHospitality.
You own the information you provide JobsforHospitality under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant JobsforHospitality a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commerc ialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to JobsforHospitality, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to JobsforHospitality, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your JobsforHospitality profile information accurate and updated.
C. Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a JobsforHospitality account, (3) are not a competitor of JobsforHospitality or are not using the Services for reasons that are in competition with JobsforHospitality; (4) will only maintain one JobsforHospitality account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of JobsforHospitality, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
D. Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your JobsforHospitality account to another party; and (5) refrain from charging anyone for access to any portion of JobsforHospitality, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit JobsforHospitality’s customer support site.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through JobsforHospitality.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Subscription Services”), you agree to JobsforHospitality storing your payment card information. You also agree to pay the applicable fees for the Subscription Services (including, without limitation, periodic fees for Subscription accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the JobsforHospitality Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You may cancel your Services here. You also acknowledge that GajGal’s Subscription Services are subject to this Agreement and any additional terms related to the provision of the Subscription Service.
G. Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
H. Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, notice shall consist of an email from JobsforHospitality to an email address associated with your account, even if we have other contact information. You also agree that JobsforHospitality may communicate with you through your JobsforHospitality account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your JobsforHospitality account or services associated with JobsforHospitality. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
I. Mobile Services.
JobsforHospitality may offer the Services through mobile applications created by it or third party developers (“Platform Developers”). If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your JobsforHospitality data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your JobsforHospitality account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing JobsforHospitality through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your 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.
J. User-to-User Communication and Sharing (JobsforHospitalityGroups, Updates, etc.). JobsforHospitality offers various forums and blogs such as JobsforHospitality Groups and Blogs where you can post your observations and comments on designated topics. JobsforHospitality also enables sharing of information by allowing users to post updates, including links to news articles and other information to their profile. Ideas you post and information you share may be seen and used by other Users, and JobsforHospitality cannot guarantee that other Users will not use the ideas and information that you share on JobsforHospitality. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any JobsforHospitality group or elsewhere on JobsforHospitality. JOBSFORHOSPITALITY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY JOBSFORHOSPITALITY COMMUNITY FORUMS SUCH AS THE JOBSFORHOSPITALITY BLOG OR GROUPS.
L. Export Control.
Your use of JobsforHospitality services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasu ry Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
3. YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of JobsforHospitality), view information and use the Services that we provide on JobsforHospitality webpages and in accordance with this Agreement. Any other use of JobsforHospitality contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from JobsforHospitality commercially unless expressly authorized by JobsforHospitality) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in JobsforHospitality and all related items.
4. OUR RIGHTS AND OBLIGATIONS.
A. Services Availability.
For as long as JobsforHospitality continues to offer the Services, JobsforHospitality shall provide and seek to update, improve and expand the Services. As a result, we allow you to access JobsforHospitality as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue JobsforHospitality, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. JobsforHospitalityfurther reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by JobsforHospitality to be contrary to this Agreement. For avoidance of doubt, JobsforHospitality has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
B. Third Parties.
JobsforHospitality may include links to third party web sites (“Third Party Sites”) JobsforHospitality also enables Platform Developers to create applicatis (“Platform Applications”) that provide features and functionality using data and developer tools made available by JobsforHospitality.
JobsforHospitality is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. JobsforHospitality also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your JobsforHospitality account, that application or website can access information on JobsforHospitality related to you and your connections.
C. Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of JobsforHospitality, our Users or the public.
D. Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. JobsforHospitalitymay limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. JobsforHospitality reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if JobsforHospitality determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
(NOTE: ADDITIONAL INFORMATION APPLICABLE TO COUNTRIES OUTSIDE THE USA CAN BE FOUND IN SECTIONS 12-16 OF THIS AGREEMENT).
6. LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
(NOTE: ADDITIONAL INFORMATION APPLICABLE TO COUNTRIES OUTSIDE THE USA CAN BE FOUND IN SECTIONS 12-16 OF THIS AGREEMENT).
Neither JobsforHospitality nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“JobsforHospitality Affiliates”) shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Subscription Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from JobsforHospitality. This limitation of liability shall:
A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) w e knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
B. Not apply to any damage that JobsforHospitality may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
C. Not apply if you have entered into a separate agreement to purchase Subscription Services with a separate Limitation of Liability provision that supersedes this section in relation to those Subscription Services.
A. Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to jobsforHospitality. This notice will be effective upon JobsforHospitality processing your notice. JobsforHospitality may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only JobsforHospitality or the party paying for the services may terminate your access to any Subscription Services. Termination of your JobsforHospitality account includes disabling your access to JobsforHospitality and may also bar you from any future use ofJobsforHospitality.
B. Misuse of the Services.
JobsforHospitality may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the JobsforHospitality messaging services; creating multiple or false profiles; using the Services commercially without JobsforHospitality’s authorization, infringing any intellectual property rights, or any other behavior that JobsforHospitality, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, JobsforHospitality has adopted a policy of terminating accounts of Users who, in JobsforHospitality’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination.
Upon the termination of your JobsforHospitality account, you lose access to the Services. In addition, GajGal may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
7. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process.
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.JobsforHospitality.com. You may contact us via email at:
Or via mail or courier at:
ATTN: Legal Department
P.O. Box 4662
Bayside, NY 113604662
Additionally, JobsforHospitality accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
D. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other JobsforHospitality services, third-party content or third party software.
E. Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.JobsforHospitality.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).
F. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any JobsforHospitality Affiliate shall be deemed legally binding on any JobsforHospitality Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of JobsforHospitality.
G. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than jobsforHospitality Corporation and that jobsforHospitality Corporation owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
I. Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, JobsforHospitality Corporation for any third party that assumes our rights and obligations under this Agreement.
8. JOBSFORHOSITALITY USER “DOS” and “DON’TS.” Back to Top...
As a condition to access JobsforHospitality, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notices sent by JobsforHospitality concerning the Services; and
5. Use the Services in a professional manner.
B. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to JOBSFORHOSPITALITY;
2. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on JobsforHospitality (excluding content posted by you) except as permitted in this Agreement.
3. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
4. Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature;
5. Create a user profile for anyone other than a natural person;
6. Utilize information, content or any data you view on and/or obtain from jobsforhospitality to provide any service that is competitive.
7. Imply or state, directly or indirectly, that you are affiliated with or endorsed by jobsforhospitality unless you have entered into a written agreement with www.JobsforHospitality.com.
8. Adapt, modify or create derivative works based on Job sforHospitality or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under JobsforHospitality’s developer program;
9. Rent, lease, loan, trade, sell/re-sell access to JobsforHospitality or any information therein, or the equivalent, in whole or part;
10. Deep-link to the Site for any purpose, (i.e. including a link to a JobsforHospitality web page other than JobsforHospitality’s home page) unless expressly authorized in writing by JobsforHospitality or for the purpose of promoting your profile or a Group on JobsforHospitality as set forth in the Brand Guidelines;
11. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
12. Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through JobsforHospitality-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
13. Access, via automated or manual means or processes, JobsforHospitality for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of GajGal’s website;
15. Attempt to or actually access JobsforHospitality by any means other than through the interfaces provided by JobsforHospitality;
16. Attempt to or actually override any security component included in or underlying JobsforHospitality;
17. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users orJobsforHospitality personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
18. Remove any copyright, trademark or other proprietary rights notices contained in or on JobsforHospitality, including those of both JobsforHospitality and any of its licensors;
19. Remove, cover or otherwise obscure any form of advertisement included on JobsforHospitality;
20. Harass, abuse or harm another person, including sending unwelcomed communications to others using JobsforHospitality;
21. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from JobsforHospitality except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
22. Share information of non-Users without their express consent;
23. Interfere with or disrupt JobsforHospitality, including but not limited to any servers or networks connected to JobsforHospitality;
24. Invite people you do not know to join your network;
25. Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo;
26. Use or attempt to use another's account without authorization from the Company, or create a false identity on JobsforHospitality;
27. Infringe or use JobsforHospitality’s brand, logos and/or trademarks, including, without limitation, using the word “JobsforHospitality” in any business name, email, or URL or including JobsforHospitality’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by JobsforHospitality;
28. Uplo ad, post, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by JobsforHospitality);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using JobsforHospitality invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using JobsforHospitality to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of JobsforHospitality or any User of JobsforHospitality;
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
29. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyra mid scheme or other similar practices.
9. COMPLAINTS REGARDING CONTENT POSTED ON THE JOBSFORHOSPITALITY WEBSITE. Back to Top...
We built JobsforHospitality to help connect Hospitality professionals with potential employers and other likeminded professionals to enable them to be more productive and successful while being able to balance lifestyle and work on terms that best suit them as an individual. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, GajGal provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found here:
jobsforHospitality Copyright Policy.
Claims regarding Copyright Infringement.
Claims regarding content (other than copyright).
10. SPECIAL PROVISIONS APPPLICABLE TO USERS OUTSIDE THE UNITED STATES.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
A. You consent to having your personal data transferred to and processed in the United States.
B. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on JobsforHospitality (such as advertising or payments) or operate a Platform application or website.