TERMS AND CONDITIONS OF USE FOR HIRE CULTURE JOB POSTERS
Welcome to the Hire Culture web site ("site") developed by the Massachusetts Cultural Council ("MCC," "We," "Us," "Our"). The purpose of this site is to allow You, the job poster, to post job or employment postings ("Postings") for Your organization or entity ("Job Posters"). These Postings may be viewed by individuals seeking job or employment opportunities with Your organization ("Job Seekers").
- Subject to the terms and conditions set forth in this Agreement, We agree to provide You with access and use of Our site. There is no fee paid by You. Your access to the site is provided pursuant to a free, revocable, limited, non-assignable or non-sublicensable, and non-exclusive license provided by Us.
- By using this Site and/or submitting Postings to it, You agree to provide Us with a limited, royalty-free, non-exclusive, assignable, and worldwide license, to make, copy, publish, display, distribute, transmit, translate, modify, prepare derivative works, and otherwise use the content in the Postings on Our site and in other works in any form, media, or technology now known or hereinafter developed for the full term of any rights which may exist in the content. You also agree to waive and never assert any moral rights that You may have in the content submitted to Us.
2. Accessibility. You understand and agree that the site and certain features may at times be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs, upgrades, or administrative reviews which We may undertake as We deem necessary or appropriate; or (c) causes beyond Our control.
3. Equipment. You are solely responsible for providing, maintaining, and ensuring compatibility with the site, such as all hardware, software, electrical, and other physical requirements for Your use of it. This includes but is not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the site. While We attempt to enable all features of the site to operate across various types of platforms or equipment (e.g. mobile), We do not warrant or guarantee that all features will necessarily be accessible, operable, or functional.
4. Proprietary Rights. All or portions of this site, with the exception of Your own Postings and the content contained therein, are proprietary to Us and are protected by intellectual property laws and/or treaties, including but not limited to, copyright, trademark, and patent laws. You agree to use this site for Your own personal use only and shall not, among other prohibited uses, copy, duplicate, publicly display, transmit, distribute, modify, translate, adapt, or prepare derivative works for any other purpose unless We give You prior express written permission to do so.
5. No Redistribution or Resale. As noted above, Our site is being provided to You for Your own personal use only. You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, or exploit any portion of the site or access to it for any commercial purposes unless We give You prior express written permission to do so.
6. No Interference. You agree that You shall not use, implement, or employ; or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing; any automated or manual device, process, or program (e.g. robot, spider, scraper, spyware, malware, etc.) designed to monitor, observe, track, gather, aggregate, copy, alter, or transmit any of the content or user information contained on Our site, whether provided by Us, Our Users, or other third parties, without Our prior express written permission. You further agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit any other party to use, implement, or employ any automated or manual device, process, algorithm, or program that interferes or attempts to interfere with the operation of Our site.
7. Linking and Framing. You agree not to bypass the home page of Our site and "deep-link" to any other web sites or frame Our content within another website or other medium without Our prior express written permission. Our site or users may also provide links to other web sites for Your convenience. These links are not intended to imply Our sponsorship, affiliation, or endorsement, even if We work collaboratively or cooperatively with another organization or entity to which Our site links, or have a direct relationship with them. We do not exercise any control over the content on or the operation of these other sites. We are not in any way responsible or liable, either directly or indirectly, for the availability or accessibility of these other sites, any transmissions or communications initiated by or between You and the other site, any content of whatever nature posted on the other site, or Your reliance upon such content or links. Such sites may also have their own agreements, terms and conditions of use, and/or privacy policies in effect which govern Your use of that site.
8. Postings. You shall use Our site to make Postings for organizations whose registrations have been approved by Us. In addition to the information that Our site may automatically provide about Your organization, Your Postings should also include enough information which allows Job Seekers to make a reasonable determination as to whether they should contact You, such as a description of the position, its location, full or part-time status, salary or wage information, desired qualifications, and information sought from the Job Seeker. You may modify, add, or delete any information in Your Posting at any time. Postings which in Our sole discretion consist of any material that is unacceptable or inappropriate, as partially listed in Section 9, may be removed, blocked, or modified by Us at any time without prior notice to You. Violations of Our Postings policy may also result in termination of Your use of the site as a Job Poster.
9. Unacceptable Uses. You are solely responsible for any and all of Your acts and omissions that occur while using it, and You agree not to engage in any prohibited or unacceptable use of the site, which includes but is not limited to, use of the site to:
- post any false, inaccurate, or misleading content;
- post, disseminate, store or transmit unsolicited messages, chain letters, pyramid schemes, unsolicited commercial e-mail (also known as "spam"), or bulk electronic communications;
- post, disseminate, or transmit material that may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- post, disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person, or instruct how to do engage in such conduct;
- create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication or transmission;
- impersonate any person or entity, including, but not limited to, a Hire Culture or MCC employee or agent;
- export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
- interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the site or to any other computer network;
- probe, scan, or test the vulnerability of the site or network, or breach security or authentication measures without prior express written authorization from Us;
- post, disseminate, store or transmit viruses, trojan horses, worms, or any other malicious or destructive code or program;
- harm minors in any way;
- solicit personal information from anyone under eighteen (18) years of age;
- solicit confidential information or trade secrets;
- interfere with, impair, or disrupt the site or the servers or network connected to provide service to the site;
- provide or post instructional information about illegal or unlawful activities;
- "stalk", bully, or harass another person;
- intentionally or unintentionally violate any applicable local, state, national, or international law;
- engage in outside commercial activities directly involving the site or its content without Our prior express written permission; and/or
- engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using the site or in conflict with the spirit or intent of this Agreement.
10. No Pre-Screening. You understand that We are a passive conduit for the on-line distribution and publication of information submitted by others such as You and that We do not screen any information in advance and are not responsible for any material posted by others. We do not pre-screen any Job Seekers who respond to Your Postings. Said responses are made directly to You without our knowledge. We have not verified, confirmed, investigated, or corroborated any of the employment or background information that may be provided to You by Job Seekers. YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR ANSWERING AND INVESTIGATING ALL JOB SEEKERS WHO RESPOND TO YOUR POSTINGS, AND FOR CONTACTING, MEETING, INTERVIEWING, EMPLOYING, OR RETAINING ANY JOB SEEKERS OR OTHER INDIVIDUALS.
11. Good Samaritan Third-Party Content Policy and Complaint Procedures.
- Policy. We have provided opportunities for third parties such as Job Posters like Yourself, to contribute content to Our site through Postings. It is Our policy, however, not to tolerate or allow any acts of intellectual property infringement, violations of federal, state, or local law, obscene or defamatory material, or other unacceptable content to be posted on the site. We will attempt to remove, disable or restrict access to or the availability of content that, in Our sole discretion, is infringing, obscene, lascivious, excessively violent, harassing, or otherwise objectionable or unacceptable. The provisions of this Section are intended to implement this policy but are not in any way intended to impose a contractual or other legal obligation on Us to undertake, or refrain from undertaking, any particular course of conduct.
- Complaint Procedures. If You believe that a Job Poster or other third party has posted content that violates this policy, promptly notify Our agent, Dawn Heinen, as follows: via U.S. mail at Massachusetts Cultural Council, 10 St. James Avenue, 3rd Floor, Boston, MA 02116; or via e-mail at firstname.lastname@example.org. You must use one or both of these addresses if You want to ensure that Your complaint is actually received by the appropriate person charged with investigating alleged policy violations. In order to allow Us to respond effectively, please provide Us with as much information as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered intellectual property allegedly infringed); (2) all facts which lead You to believe that a right has been violated or infringed; (3) the precise location where the offending content is located; (4) any grounds to believe that the Job Poster which posted the content was not authorized to do so or did not have a valid defense; (5) the identity of the Job Poster and user which posted the infringing or offending content; and in the case of alleged copyright infringement claims, (6) information sufficient to identify the work and Your copyright information and claims to ownership. Where possible and in appropriate circumstances, it is Our policy to terminate the access rights to Our site of repeat violators or infringers.
- Indemnification/Waiver of Certain Rights. By contacting Us and complaining of an alleged violation, You agree that the substance of Your complaint shall be deemed to constitute a representation made under the pains and penalties of perjury pursuant to the laws of the Commonwealth of Massachusetts. In addition, You agree at Your own expense to defend and indemnify Us and hold Us harmless against all claims which may be asserted against Us, and all losses incurred, as a result of Your complaint and/or Our response to it.
- Waiver of Your Claims and Remedies. We expect all users of Our site, Job Seekers, Job Posters, and others, to take responsibility for their own actions and cannot and do not assume liability for any acts of third-parties which take place at this site. By taking advantage of the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE CONTENT AT THIS SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT. We also expressly reserve and do not waive any rights that We may have under applicable law.
- Investigation/Liability Limitation. You agree that We have the right, but not the obligation, to investigate any complaint received. By reserving this right, We do not undertake any responsibility or obligation in fact to investigate complaints or to remove, disable, or restrict access to or the availability of content. We support free speech and therefore will not act on complaints that We believe, in Our sole discretion, to be deficient or without merit. If You believe that content remains on this site which violates Your rights, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE AGAINST THE JOB POSTER, COMPANY, PERSON, OR OTHER ENTITY RESPONSIBLE FOR POSTING OR STORING SAID CONTENT, AND NOT AGAINST US. AS STATED IN SECTION SIXTEEN (16), YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICE.
- Digital Millennium Copyright Act Compliance. As set forth in Subsection (b), You must contact Our agent if You believe that a work protected by a U.S. Copyright which You own has been posted on Our site without authorization or that Our site, in some material way, contributes to its infringement. It is Our policy in appropriate circumstances, if possible, to terminate the access rights of repeat infringers and other users who use this site in an inappropriate or objectionable manner.
12. Other Complaints. If We receive any complaints from a Job Seeker, Job Poster, or other third party regarding any conduct by You that We deem in Our sole discretion to be illegal, unethical, immoral, or otherwise inappropriate (collectively, "inappropriate acts"), We may terminate Your use of this site and/or take any other actions that We deem appropriate, whether We conduct any investigation or not. The inappropriate acts may include, but are not limited to:
- unjustified or unexcused non-payment of services by You after hiring or retaining a Job Seeker;
- the Posting of a job or position: (i) that is illegal; (ii) has been misrepresented by You, (ii) is materially different than advertised or described, or (iii) is subject to any "bait and switch" tactics or conduct;
- receipt by Us of any complaint, notice, or decree of unfair labor or wage practices, discrimination, harassment, or other inappropriate acts;
- receipt by Us of any complaint regarding the improper use by You of unpaid interns obtained through Your Postings on the Site (see Section Fourteen (14));
- receipt by Us of any notice from a governmental entity of any investigation or inquiry into alleged or suspected inappropriate acts; or
- receipt by Us of any notice of actual or alleged immigration violations.
13. General Representations & Warranties. You represent and warrant the following: (a) You are over eighteen (18) years of age; (b) You have the right, power, and authority to enter into and perform this Agreement; (c) the information that You provided when registering to use Our site and on Your Postings is accurate, truthful, and timely; (d) You will not use Our site or service for any unacceptable uses, as partially listed in Section Nine (9); (e) You will not use Our site or service to violate any federal, state, and local law; (f) You will only use Our site or service to transmit and disseminate information materially and substantially related to Your Postings; and (g) You will comply with all federal, state, and local laws which may regulate or impose obligations upon You pertaining to the content of Your Postings, if applicable.
14. Representations & Warranties for Unpaid Internships. If You use the site to make Postings for unpaid internships, You further warrant and represent that: (a) Your Posting clearly and conspicuously identifies to the Job Seeker that the internship is unpaid and that the intern is not entitled to any wages or compensation during the internship; (b) Your Posting clearly and conspicuously identifies the nature of Your organization and whether it is a charitable, educational, or religious institution; and (c) Your internship program is legal and fully complies with all local, state, and federal requirements, including but not limited to any applicable statutes, regulations, and opinions promulgated by the Massachusetts Office of Labor and Workforce Development, the United States Department of Labor, and any other applicable state and federal agencies. If You do NOT use the site to make such Postings regarding unpaid internships, this provision does not apply to You.
15. Disclaimer of Warranties. THIS SITE AND SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (B) THAT THE SITE OR THE SERVICE PROVIDED BY US WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY POSTINGS, EMPLOYMENT INFORMATION, OR OTHER DATA OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, CURRENT, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE OR SERVICE, THE POSTINGS, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT); (E) ANY CONTENT OR DATA FROM A THIRD PARTY DISPLAYED OR ACCESSED ON OR THROUGH THE SITE, AND (F) ANY ACTIONS OR OMISSIONS TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT OR DATA; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICE. REGARDLESS OF THE PRECEDING LANGUAGE, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU IS EXPRESSLY AND SOLELY LIMITED TO ONE DOLLAR ($1.00).
17. Reliance on Limitations. WE HAVE UNDERTAKEN OUR OBLIGATIONS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMER OF WARRANTIES AS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATION OF LIABILITY AND DISCLAIMERS CONTAINED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
18. Indemnification. You agree to indemnify, hold harmless, and defend Us, Our directors, employees, attorneys, and agents from and against any action, cause, claim, damage, debt, demand, lawsuit, or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach by You thereof; (b) breach of any warranty and/or any representation made by You which is untrue; (c) Your use of the site, including but not limited to any data, content, or material transmitted, posted, used, relied upon, or received by You; (d) any unacceptable or objectionable use of the site, as We determine in Our sole discretion; (e) any negligent or willful misconduct by You; and (f) as otherwise provided in this Agreement.
20. Modification and Amendment. We have the right at any time to add or modify the terms of this Agreement. Should this Agreement be modified or amended, You will be informed of the modification(s) when You sign-in to use this site. If You agree to the modification, Your use of the site after the date such amended terms are added shall be deemed to constitute acceptance of these terms. If You do not agree, You will be unable to make postings on behalf of Your organization. Absolutely no modification made by You shall be binding upon Us unless it is made in writing, expressly stated by Us to be an amendment or modification of this Agreement, and signed by an authorized representative of Us. The receipt of any information from Us regarding a query made by You about this Agreement, its terms, or the site does not modify or amend the Agreement.
21. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.
22. Severability. If any one or more of the provisions contained in this Agreement, or part of any provision, shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions (or parts thereof) of this Agreement, which shall be enforceable to the fullest extent permitted by law.
23. Remedies. In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of certain provisions of this Agreement, We shall be entitled to an injunction and/or other equitable relief restraining such breach without the posting of any bond or other collateral or security. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other available remedies that We may have, including the recovery of monetary damages from You.
24. Waiver. Any failure or delay by Us to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement, or the partial exercise thereof, or any course of dealing with respect to, shall not be deemed a waiver, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment at any other time(s). No waiver by Us shall be binding unless executed in writing by an authorized representative of Us. Nothing contained in this Agreement shall in any way be construed as: (a) a waiver by Us or by the Commonwealth of Massachusetts to any claim or defense of immunity from suit, including, but not limited to, sovereign immunity; (b) consent by Us or by the Commonwealth of Massachusetts to any suit or cause-of-action in any court or legal forum where said consent is determined to be necessary and/or proper for said suit or cause-of-action to be initiated or maintained; and/or (c) a waiver of any rights that We have under applicable law. Any and all such rights are expressly reserved by Us.
25. Governing Law and Forum. This Agreement is made in, and shall be governed by, the laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law provisions. All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the state courts of Boston, Massachusetts exclusively. You irrevocably submit and consent to the exercise of subject matter and personal jurisdiction over You by the state courts in Massachusetts. You hereby irrevocably waive any and all objections of whatever nature which You may now or hereafter have to the exercise of personal and subject matter jurisdiction by the state courts in Massachusetts and to the venue of any such suit, action, or proceeding brought in any state court in Boston, Massachusetts.
26. Notice. All notices relating to the site or Your use thereof shall be deemed to be delivered when sent: (1) by either first class or non-profit postage to the address provided by You when registering to use the site; or (2) via e-mail to the e-mail address provided by You when registered to use the site.
27. Termination. Either party may terminate this Agreement at any time without notice to the other party. Upon termination, Your access and use of the site will be discontinued and terminated and all of Your Postings shall be removed.
28. Survivability. The respective rights and obligations of the parties pursuant to Sections Ten (10), Thirteen (13) through Eighteen (18), inclusive, and Sections Twenty-Three (23) through Twenty-Five (25), inclusive, and as otherwise provided or reasonably construed in this Agreement, shall survive any termination or expiration of this Agreement.
29. Headings and Order. The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing its provisions.
30. Third Party Beneficiaries. No provision of this Agreement is intended to create, and does not create, any rights in or benefits to any third party.
31. Plural and Person. The use of the singular in this Agreement shall be deemed to be or include the plural (and vice versa), wherever appropriate. Unless the context requires otherwise, the term "person" shall include any individual, corporation, partnership, joint venture, association, affiliate, joint-stock company, trust company, trust, unincorporated organization, government agency or entity or any subdivision thereof, or any other entity.
32. Independence of Covenants. The existence of any claims or causes-of-action by You against Us at any time shall not constitute a defense to the enforcement of Your obligations and covenants hereunder, as they shall be construed as agreements independent of any other provisions of this Agreement.
33. Nature of Relationship. Nothing contained in this Agreement is intended or construed as creating any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Us.