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Terms & Conditions

1. Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Event Protocol Web Site and the Services (as each are defined below) provided by Event Protocol. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Event Protocol Web Site. These Terms and Conditions are effective as of December 20, 2012.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Event Protocol), together with your Service Activation Agreement (if applicable), form a binding agreement (the “Agreement”) between you and Event Protocol. Your access to or use of the Event Protocol Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 “Event Protocol Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “Event Protocol Web Site” or the “Site” (collectively, the “Event Protocol Websites” or the “Sites”) means any web site under Event Protocol’s control, whether partial or otherwise and includes such Site’s Content, Text, Graphics, Design, Programming, Event Protocol Materials and Services (as applicable in each context).
3.3 “Content” includes all Text, Graphics, Design and Programming used on the Sites.
3.4 “Design” includes the color combinations and the page layout of the Sites. “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Sites.
3.5 “Document” refers to any posting to a Site, whether job or resume.
3.6 “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7 “Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.8 “Graphics” includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
3.9 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 “Services” means any services provided by Event Protocol or its agents described herein and specified more fully in the Service Activation Agreement.
3.11 “Text” includes all text on every page of the Sites, whether editorial, navigational, or instructional.
3.12 “User” refers to any individual or entity that uses any aspect of the Sites.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Event Protocol’s intended and acceptable use of the Sites. Event Protocol is the sole interpreter of the Sites’ intended and acceptable use.
4.2 Event Protocol Intellectual Property Rights. The Sites, the Event Protocol Materials and all right, title and interest in and to the Sites and Event Protocol Materials are the sole property of Event Protocol or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Event Protocol reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Event Protocol Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from Event Protocol on such Event Protocol Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Event Protocol Sites, without the express written consent of Event Protocol. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Event Protocol Materials are not considered to be works for hire and you may duplicate such Event Protocol Materials only for the purposes outlined in the Service Activation Agreement. “Event Protocol,” “Personified”, the Event Protocol design logo and certain other names or logos are service marks or trademarks of Event Protocol, and all related product and service names, design marks and slogans are the service marks or trademarks of Event Protocol. In addition, the “look” and “feel” of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Event Protocol’s trademarks, service marks and copyrights. Any code that Event Protocol creates to generate or display the Content or the pages making up the Sites is also protected by Event Protocol’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Event Protocol Materials on any authorized copy you make of the Content or Event Protocol Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Event Protocol hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Event Protocol reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Event Protocol hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and re cruiting job prospects. Event Protocol also grants you a limited, terminable, non-exclusive license to use the Event Protocol Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Event Protocol to any third party without the express written authorization of Event Protocol. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Event Protocol reserves the right to suspend or terminate your access and use at any time if Event Protocol determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Event Protocol a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
4.6 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.7 User Submissions. Event Protocol welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Event Protocol does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Event Protocol creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Event Protocol. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Event Protocol’s part, and Event Protocol will not be liable for any use or disclosure of any User Submission. Event Protocol shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
4.8 Forwarding Job Postings. The work@ App is offered through various social media networks and is only available to persons who are registered members of the social media networks through which they access the App. Subject to these Terms and Conditions and the terms and conditions of any social media network used by you, you may forward job postings broadcast by your Employer via the work@ App on social media networks to individuals who do not subscribe to this App by using the functionality provided as part of the App on the condition that job postings are distributed solely through the App functionality and only: (1) to individuals who have a relationship to you on various social media networks; and (2) for the purpose of alerting those individuals of job postings that may be of interest to them. You are expressly prohibited from exploiting job postings for any commercial purpose (such as in the operation of a professional recruiting service). You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003.
5. Third Party Providers. You acknowledge and agree that Event Protocol may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between Event Protocol and its Third Party Providers, Event Protocol will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on Event Protocol’s Liability.
6.1 Allocation of Responsibility Event Protocol assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Event Protocol acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Event Protocol may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Event Protocol has no liability or responsibility to Users for performance or nonperformance of such activities. Event Protocol may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by Event Protocol. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Event Protocol, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Event Protocol MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) Event Protocol DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Event Protocol IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Event Protocol makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Event Protocol makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) Event Protocol MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. Event Protocol DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL Event Protocol (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Event Protocol IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Event Protocol’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL Event Protocol (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH Event Protocol, THE AMOUNTS ACTUALLY PAID BY YOU TO Event Protocol UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Event Protocol will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, Event Protocol cannot and does not confirm that each User is who they claim to be. Because Event Protocol does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Event Protocol from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
7. Payment of Services upon Termination of Service Activation Agreement. If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then Event Protocol shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8. Links to Other Sites. Event Protocol contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Event Protocol of the contents on such third-party web sites. Event Protocol is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Sites. Event Protocol may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Event Protocol unless Event Protocol agrees to them in a signed writing specifically including those new or different terms. Event Protocol may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless Event Protocol (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Event Protocol shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. User Information and Privacy Policy.
11.1 When you register on any of the Event Protocol Sites or in connection with the Services, you will be asked to create an account and provide Event Protocol with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
11.2 All User Information will be used in accordance with the terms of Event Protocol’s Privacy Policy. Please note, as set forth in the Privacy Policy, that Event Protocol may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Event Protocol reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
12. Questions and Notices. Questions concerning the use of the Sites should be directed to Feedback. Notices to Event Protocol should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Event Protocol reasonably determines is an appropriate address for you.
13. General. Event Protocol contact information is listed on the Sites. Event Protocol makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Event Protocol from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and Event Protocol is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Event Protocol in a particular “Legal Notice,” or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Event Protocol.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
14.1 Posting Rules:
(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that Event Protocol may allow posting of certain training and business opportunities (see 14.1(e) below).
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.
(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at Event Protocol’s sole discretion, Event Protocol allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Event Protocol reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Event Protocol deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(g) Event Protocol is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Event Protocol’s sole discretion.
14.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Event Protocol immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time Event Protocol comes to the understanding that you: (i) misled Event Protocol regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Event Protocol reserves the right to terminate your Agreement.
14.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. Event Protocol 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.
15. Copyright Complaints.
15.1 Event Protocol respects the intellectual property of others. It is Event Protocol’s policy to respond to claims of copyright and other intellectual property infringement. Event Protocol will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Event Protocol may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Event Protocol will terminate access for Users who are repeat infringers.
15.2 Notifying Event Protocol of Copyright Infringement: To provide Event Protocol notice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of TSST@Event Protocol.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
15.3 Providing Event Protocol with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Event Protocol with a counter notification by written communication to the attention of “Trust and Site Security” at TSST@Event Protocol.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Please note that Sections 16, 17, 18 and 19 below contain terms and conditions relating to specific Services (Resume Database, WorkForce Analytics, Design Services (including Website Design Services and Integration Services) and WorkLife and you should review those Sections closely if you are purchasing or using any of those specific Services.
16. Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with Event Protocol, you are purchasing Resume Database access, the following additional terms apply to you:
16.1 Event Protocol grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Event Protocol Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively “Resumes”) solely for your use.
16.2 The Resume Database is to be accessed and used solely by you. Upon your successful registration for Resume Database subscription, you will be provided with a unique password that will permit you to access the Resume Database. You may not provide your password or otherwise permit access to the Resume Database to any third party. You may download, one at a time, up to either 50 Resumes per day or 300 Resumes per day (per Resume Database user seat) depending on the Resume Database product purchased by you in accordance with the terms of your Agreement. Please note that the term “download” shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in your use of a Resume or any of the information contained therein. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).
16.3 You may not use the Resume Database in any way which, in Event Protocol’s sole judgment, adversely affects Event Protocol’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability, of other subscribers to access the Resume Database. Further, your use of the Resume Database may not interfere or violate, in any manner, the privacy election of Event Protocol Job Seekers.
16.4 You may use your subscription to the Resume Database only for seeking candidates for employment, You are specifically prohibited from using information contained in the Resume Database to sell or promote any products or services or to take any other action that is, in Event Protocol’s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
16.5 Event Protocol may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Event Protocol Resume Database, Event Protocol does not convey any interest in or to the Resume Database or any other Event Protocol property or Services. All right, title and interest in and to the Resume Database is and shall remain in Event Protocol.
17. Additional Terms in Connection with Use of Workforce Analytics Services. If, in your Service Activation Agreement with Event Protocol, you are purchasing any of our Workforce Analytics Services, the following additional terms apply to you: Event Protocol hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Workforce Analytics Services for its internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Workforce Analytics Services (each a “Report”), notwithstanding any restrictions to the contrary in subsections 4.2 and 4.4, subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without Event Protocol’s prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of Event Protocol.
18. Additional Terms in Connection with Use of Design Services (including Website Design Services and Integration Services. If, in your Service Activation Agreement with Event Protocol, you are purchasing Design Services (including Website Design Services) or Integration Services, the following responsibilities apply to you:
18.1 You shall cooperate with Event Protocol in the performance by Event Protocol of the Services, including, without limitation, (a) providing Event Protocol with timely access to data, information, and personnel; (b) providing experienced, qualified and full-time personnel having appropriate skills to perform their assigned tasks and duties in a competent and timely fashion; (c) promptly rendering all decisions and approvals so as not to delay or impede the performance of Services by Event Protocol; (d) providing a stable, fully functional system infrastructure environment which will support the Services and allow Event Protocol and you to work productively; (e) promptly notifying Event Protocol of any issues, concerns or disputes with respect to the Services; and (f) any other item referenced in the Service Agreement being a matter of your responsibility.
18.2 You shall be responsible for the performance of your (and your subsidiaries’ and affiliates’) personnel and agents and for the accuracy and completeness of all data and information provided to Event Protocol for purposes of the performance of the Services.
18.3 You acknowledge and agree that Event Protocol’s performance may be dependent on the timely and effective satisfaction of your responsibilities under this Agreement and timely decisions and approvals by you in connection with the Services.
19. Additional Terms in Connection with WorkLife. If, in your Service Activation Agreement with Event Protocol, you are purchasing WorkLife, or if you use WorkLife through your company, school or organization, the following additional terms apply to you:
19.1 WorkLife provides a place for people to communicate with others in their work, school or community networks (each, a “Network”) in real time.
19.2 Subject to these Terms and Conditions and the terms and conditions of any social media network used by you, you may forward job postings broadcast by your Employer via WorkLife’s “Referral” feature on social media networks to individuals who do not subscribe to WorkLife by using the functionality provided as part of the Referral feature on the condition that job postings are distributed solely through the Referral functionality and only: (1) to individuals who have a relationship to you on various social media networks; and (2) for the purpose of alerting those individuals of job postings that may be of interest to them. You are expressly prohibited from exploiting job postings for any commercial purpose (such as in the operation of a professional recruiting service). You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003.
19.3 Each Network may have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such Network (the “Network Administrator”).
19.4 Users should follow their particular company’s policies, guidelines, and procedures concerning the User Content they post to the Network. Users may delete their own User Content from the Network, so long as they are a member of that Network. Network Administrators may delete the User Content of one or more Users in their Network.
19.5 Individual Users may form a group to segment the audience for certain User Content (“Group”). Each Group may have one or more administrators (the “Group Administrator”). A Group may be designated as open to any User in a Network (a “Public Group”) or a Group may be limited to certain Users in a Network with membership subject to the approval of the Group Administrator (a “Private Group”). A Group Administrator may add or remove Users to that particular Group. Though Users may establish a Private Group, User Content posted within a Private Group on a Network is owned by that Network.
19.6 Some areas of the Network may allow Users to post feedback, comments, questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Network, and you agree that Event Protocol is only acting as a passive conduit for the online distribution and publication of your User Content. Event Protocol will not review, share, distribute, or reference any such User Content except as provided herein or as may be required by law. All User Content will automatically become the property of the company who has purchased the Network (including all User Content posted to a specific Group or Groups within a Network). Event Protocol does not have, nor does it claim, any ownership rights in any User Content. In addition, you should note that if you are no longer an eligible member of a network (e.g., you cease to be employed by the relevant company), your access to all User Content you uploaded may be terminated. Once a User is removed from a Network, the content of that User remains on the Network and is the sole property of the company which administers that Network.
19.7 You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy.
19.8 Event Protocol takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Network. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Network, is solely your responsibility. Event Protocol is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Event Protocol shall not be liable for any damages you allege to incur as a result of such User Content.
19.9 You are solely responsible for your interactions with other Network Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

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