Please read this Agreement
carefully before accessing WorkinginParadise.com. As a condition to and in
consideration of receiving and accessing WorkinginParadise.com, the User agrees
to be bound by the terms of this Agreement. Use of or access to
WorkinginParadise.com shall constitute acceptance of and agreement to be bound
by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT
ACCESS WorkinginParadise.com. If you have
any questions about this Agreement, please contact us via e-mail at
rummi@rummi.com .
WorkinginParadise.com
Access Agreement
THIS
AGREEMENT "Agreement" is entered into by and between
WorkinginParadise.com and any individual, corporation, association, agency,
company, or other entity who accesses or uses WorkinginParadise.com (the
"User" or "you").
WorkinginParadise.com, is a World Wide Web site on the Internet
that is designed to allow users to post jobs and/or to view jobs posted by
other users or interact with those users. WorkinginParadise.com is owned and
operated by Rummi.com. WorkinginParadise.com
contains or may contain
information, communications, opinions, text, graphics, links, electronic art,
animations, audio, video, software, photos, music, sounds and other material
and data (collectively, "Content") formatted, organized and collected
in a variety of forms that are generally accessible to Users, including
directories and databases, and areas of WorkinginParadise.com that can be
modified by Users, such as posting jobs, uploading multimedia files,
registering user profiles, and creating Auto-Notify profiles ("Interactive
Areas").
1. User Rights and Responsibilities
1.1 Access to WorkinginParadise.com.
You are
responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet and access
WorkinginParadise.com and are responsible for all Internet access charges,
telephone charges or other fees or charges incurred in connecting to the
Internet and accessing
WorkinginParadise.com.
1.2 User Conduct.
You agree
to access and use WorkinginParadise.com only for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all laws,
statutes, rules and regulations, pertaining to (i) your use of WorkinginParadise.com, including any
Interactive Area, (ii) the use of any networks or other services connected to
WorkinginParadise.com, and (iii) the communications means by which you connect your
modem, computer, or other equipment to
WorkinginParadise.com. By accessing
WorkinginParadise.com, you agree
that you will not:
(1)
restrict or inhibit any other user from using and enjoying the Interactive
Features;
(2) post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national,
or international law;
(3) post or transmit any information, software, or other
material which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or which is protected
by copyright, trademark or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or right
holder.
(4) post or transmit any information, software or other
material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other
communications that are not your own Content or to otherwise interfere with the
ability of others to access
WorkinginParadise.com;
(6) disrupt the normal flow of communication in an
Interactive Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you are not authorized
to claim such a relationship;
(8) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property Rights
2.1 WorkinginParadise.com content.
(a) You
acknowledge that Content on WorkinginParadise.com is generally provided by WorkinginParadise.com, individual
contributors of Content ("Contributors"), third party licensees,
and/or other Users. You acknowledge that WorkinginParadise.com permits access
to Content that is protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are valid and
protected in all media existing now or later developed and except as is
explicitly provided below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge that
WorkinginParadise.com owns a copyright in the "look and feel," i.e.,
the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify,
copy, reproduce, transmit, distribute, publish, create derivative works from,
display or otherwise transfer or commercially exploit any of the Content, in
whole or in part, provided, however, that you may (i) make a reasonable number
of digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each piece of
Content, (iii) make and distribute a reasonable number of copies of Content, in
whole or in part, in hard copy or electronic form for internal use only. Any
permitted copies of Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property Right notices, and
an original source attribution to
“WorkinginParadise.com" and its URL address. You acknowledge that
WorkinginParadise.com, its Contributors, and/or Users remain the owners of the
Content and that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
2.2 Content Provided by User.
You may
upload to any Interactive Area or otherwise transmit, post, publish, reproduce
or distribute, on or through WorkinginParadise.com only Content that is not
subject to any Intellectual Property Rights, or Content in which any holder of
Intellectual Property Rights has given express authorization for distribution
over the Internet and on WorkinginParadise.com, without restriction whatsoever.
Any Content submitted with the consent of a copyright owner other than you
should contain a phrase such as "Copyright owned by [name of owner]; Used
by Permission." By submitting Content to any Interactive Area, you
automatically grant and/or warrant that the owner of such Content, whether it
be You or a third party, has expressly granted to WorkinginParadise.com the
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, sublicense, distribute, perform, and display such
Content, in whole or in part, worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed for the full
term of any Intellectual Property Rights that may exist in such Content. You
also permit WorkinginParadise.com to sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with respect
to such Content. You also permit any User to access, view, store and reproduce
the Content for personal use.
3. Interactive Areas
You
acknowledge that WorkinginParadise.com may include various interactive areas
("Interactive Areas"), including but not limited to jobs. These
Interactive Areas allow feedback to WorkinginParadise.com and real-time
interaction between users. You further understand that WorkinginParadise.com
does not control the messages, information, or files delivered to such
Interactive Areas and that WorkinginParadise.com may offer you and other Users
the capability of creating and managing an Interactive Area. However, neither
WorkinginParadise.com, its subsidiary and parent companies, or affiliates, nor
their respective directors, officers, employees and agents are responsible for
Content within any Interactive Area. Your use and/or management of an
Interactive Area will be governed by this Agreement and any additional rules or
operating procedures of any Interactive Area established by you or another
User, as applicable. You recognize that WorkinginParadise.com cannot, and does
not intend to, screen communications in advance. Moreover, because
WorkinginParadise.com encourages open and candid communication in the
Interactive Areas, WorkinginParadise.com cannot determine in advance the
accuracy or conformance to this Agreement of any Content transmitted in an
Interactive Area. WorkinginParadise.com is not responsible for screening,
policing, editing, reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that WorkinginParadise.com has the right
to monitor any Interactive Area, from time to time and to disclose any
information as necessary to satisfy any law, regulation or other governmental
request, to operate the Interactive Area, or to protect itself or other Users.
If notified of Content that is alleged not to conform to this Agreement,
WorkinginParadise.com may investigate the allegation and determine in its sole
discretion whether to remove or request the User to remove such Content.
WorkinginParadise.com reserves the right to prohibit conduct, communication or
Content within an Interactive Area, or to edit, refuse to post, or to remove
any Content, in whole or in part, which it deems in its sole discretion to (i)
violate the then-standard provisions of this Agreement or any other standard,
written WorkinginParadise.com policy in effect at that time, (ii) be harmful to
the rights of any User, WorkinginParadise.com, or other third parties, (iii)
violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only
right with respect to dissatisfaction with any policies, guidelines, or
practices of WorkinginParadise.com in operating
WorkinginParadise.com, or any
change in Content, is for you to discontinue accessing WorkinginParadise.com.
WorkinginParadise.com may terminate or temporarily suspend your access to all
or any part of WorkinginParadise.com, without notice, for conduct that WorkinginParadise.com
believes is a
violation of this Agreement or any policies or guidelines posted by
WorkinginParadise.com, or for other conduct which
WorkinginParadise.com
believes, in its sole discretion, is harmful to WorkinginParadise.com or other
Users. WorkinginParadise.com may discontinue operating
WorkinginParadise.com
and terminate this Agreement without notice at any time for any reason in its
sole discretion. In the event of termination, you are no longer authorized to
access WorkinginParadise.com, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded from
WorkinginParadise.com, as well as the disclaimers and limitations of
liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties;
Limitations of Liability
5.1 Links.
You understand that except for Content, products or services expressly
available at WorkinginParadise.com, neither
WorkinginParadise.com, its
subsidiary and parent companies, or affiliates, or their respective directors,
officers, employees, and agents controls, provides, or is responsible for any
Content, goods or services available through sites on the Internet linked to or
from WorkinginParadise.com. All such Content, goods and services are made
accessible on the Internet by independent third parties and are not part of
WorkinginParadise.com or controlled by
WorkinginParadise.com.
WorkinginParadise.com neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content, goods or
services available on any site linked to or from WorkinginParadise.com, which
are the sole responsibility of such independent third parties, and your use
thereof is solely at your own risk. Neither WorkinginParadise.com, its
subsidiary and parent companies, or affiliates, or their respective directors,
officers, employees, and agents shall be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been caused by
your use of or reliance on any Content, goods or services available on any site
linked to or from WorkinginParadise.com or your inability to access the
Internet or any site linked to or from WorkinginParadise.com.
5.2 Disclaimer of
Warranties. Please use your best judgment in evaluating all information
contained or opinions expressed on WorkinginParadise.com. It is the policy of
WorkinginParadise.com not to endorse or oppose any opinion expressed by a User
or Content provided by a User, Contributor, or other independent party. YOU
EXPRESSLY AGREE THAT YOUR USE OF WorkinginParadise.com IS AT YOUR SOLE RISK.
NEITHER WorkinginParadise.com NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT WorkinginParadise.com OR ANY INTERNET
SITE LINKED TO OR FROM WorkinginParadise.com WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF WorkinginParadise.com OR ANY
INTERNET SITE LINKED TO OR FROM WorkinginParadise.com OR AS TO THE TIMELINESS,
SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE,
OR TRANSACTION PROVIDED THROUGH WorkinginParadise.com OR ANY SITE LINKED TO OR
FROM WorkinginParadise.com. WorkinginParadise.com IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of
Liability. UNDER NO CIRCUMSTANCES SHALL WorkinginParadise.com, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
WorkinginParadise.com, OR ANY INTERNET SITE LINKED TO OR FROM
WorkinginParadise.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE
ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION,
OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES
SHALL WorkinginParadise.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED
WITHIN WorkinginParadise.com OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM WorkinginParadise.com. THE CONTENT WITHIN
WorkinginParadise.com AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM
WorkinginParadise.com MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN;
THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF WorkinginParadise.com AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. WorkinginParadise.com AND
ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY
TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT WorkinginParadise.com IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH ANY WorkinginParadise.com SITE CONTENT, OR WITH THE
ACCESS AGREEMENT OF WorkinginParadise.com, IN WHOLE OR IN PART, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING WorkinginParadise.com.
6. Indemnity
You agree
to indemnify and hold WorkinginParadise.com, its parent or subsidiary companies
and their affiliates, and their respective directors, officers, employees, and
agents from any and all liabilities, claims and expenses, including reasonable
attorneys fees, arising from breach of this Agreement, any other policy, your
use or access of WorkinginParadise.com or any Internet site linked to or from
WorkinginParadise.com, or in connection with the transmission of any Content on
WorkinginParadise.com.
7. Miscellaneous
This
Agreement comprises the entire agreement between
WorkinginParadise.com and you,
and supersedes any prior agreements with respect to the subject matter herein.
WorkinginParadise.com may revise this Agreement or any other policy at any time
and from time to time, and such revision shall be effective two (2) days upon
posting notice of such revision prominently on
WorkinginParadise.com. You agree
to review this Agreement periodically to be aware of such revisions. If any
such revision is unacceptable to you, you must discontinue accessing
WorkinginParadise.com. Your continued accessing and use of
WorkinginParadise.com following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions of Sections 1.2,
2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of
this Agreement. If any provision of this Agreement or any other policy be held
invalid or unenforceable, that portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intention of the
parties and the remaining portions will continue in full force and effect. The
failure of
WorkinginParadise.com to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any
provision or right. This Agreement shall be governed by the laws of the state
or province of domicile of
WorkinginParadise.com, excluding its conflict of
laws rules, and you and
WorkinginParadise.com each submit to the exclusive
jurisdiction of the courts of that state or province. This Agreement is
personal to you and you may not assign your rights or obligations thereunder to
anyone. All logos, brand names, products, trademarks and service marks
appearing herein may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to or from
WorkinginParadise.com have been done strictly for clarification and
identification and does not constitute endorsement by
WorkinginParadise.com of
the products, services or information offered by the owner of such trademark,
service mark or link or endorsement of
WorkinginParadise.com by such trademark,
service mark or link owner.
