Arts Presenters - Networking: Job Bank Terms of Use

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Job Bank Terms of Use

This page states the "Terms of Use" under which you may use the Arts Presenters JobBank. Please read this page carefully. If you do not accept the Terms of Use stated here, do not use this website. By using this website, you are indicating your acceptance to be bound by the terms of these Terms of Use. The Association of Performing Arts Presenters ("Arts Presenters") may revise these Terms of Use at any time by updating this page. You should visit this page periodically to review the Terms of Use, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason. The terms "Arts Presenters JobBank" and "the website" are used interchangably in this document, as are the terms "Arts Presenters" and "Association of Performing Arts Presenters" and "the Company.

Use of Material

Arts Presenters authorizes you to view and download a single copy of the material on the Arts Presenters JobBank (the "website") solely for your personal, noncommercial use.

The contents of this website, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of Arts Presenters or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Acceptable Site Use.

General Rules: Users may not use the website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users may not use the Arts Presenters JobBank for solicitation for any non-related commercial ventures, nor use the systems of the Arts Presenters JobBank for such purposes. Arts Presenters reserves the right to reject any ads for jobs it deems inappropriate or for content which violates these Terms of Use.

Users posting a job listing in the Arts Presenters JobBank must guarantee an intent to hire for the advertised position. By posting a job listing in the Arts Presenters JobBank, the user certifies that such a position exists and will be filled, but not necessarily through the Arts Presenters JobBank.

Specific Prohibited Uses

The website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Arts Presenters specifically prohibits any use of the website, and all users agree not to use the website, for any of the following:

Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.

Deleting or revising any material posted by any other person or entity.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

Taking any action which imposes an unreasonable or disproportionately large load on this website’s infrastructure.

If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from the Company on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

User Submissions

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this website you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Arts Presenters does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

A job posting listed in the Arts Presenters JobBank does not constitute an endorsement of the posting organization, nor does a response to a job posting listed in the Arts Presenters JobBank guarantee employment, guarantee an offer of employment, or guarantee consideration for employment.

Arts Presenters acts as a passive conduit 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 material posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Arts Presenters has no liability or responsibility to users for performance or nonperformance of such activities. Arts Presenters reserves the right to expel users and prevent their further access to the website for violating the Terms of Use or the law and the right to remove communications which are abusive, illegal, or disruptive.

Passwords

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Arts Presenters of any unauthorized use of your password.

Arts Presenters' Liability

The Arts Presenters JobBank is only a venue. This website acts as a venue for employers to post job opportunities. Arts Presenters is not involved in the actual transaction between employers and candidates. As a result, Arts Presenters has no control over the quality, safety or legality of the jobs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You assume all risks associated with dealing with other users with whom you come in contact through the website.

Because user authentication on the Internet is difficult, the Arts Presenters JobBank cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Arts Presenters JobBank, in the event that you have a dispute with one or more users, you release Arts Presenters (and our agents and employees) from claims, demands and damages (actual and consequential, 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.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this website.

The Material may contain inaccuracies or typographical errors. Arts Presenters makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time.

Arts Presenters is not to be considered to be an employer with respect to your use of the website and Arts Presenters shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the website.

THE website AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ARTS PRESENTERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL ARTS PRESENTERS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE website BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE website AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Arts Presenters of the contents on such third-party websites. Arts Presenters 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 websites. If you decide to access linked third party websites, you do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the website.

Termination.

Arts Presenters reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this website and immediate termination of your registration with or ability to access the website and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the website registration with or ability to access the website.

Indemnity

You agree to defend, indemnify, and hold harmless Arts Presenters, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms of Use. Arts Presenters shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General

Arts Presenters makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. No changes to these Terms of Use shall be made except by a revised posting on this page.