Terms of Use

 

 

 

 

Last Updated January 30, 2013

 

General

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. Your use of JobAuctions constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use and the Privacy Policy. If you do not accept and agree to all provisions of the terms of use, now or in the future, you may reject the terms of use by immediately terminating all access and use of JobAuctions, in which any continuing use of JobAuctions is unauthorized. JobAuctions reserves the right to suspend or terminate your JobAuctions Account and your access to the Site, Application and Services at anytime if you violate any part of these terms and conditions.

 

Overview

Job Auctions, Inc. (hereafter referred to as “JobAuctions, we, our, or us”) which services are accessible at http//www.jobauctions.com is an online platform that provides a communications platform for enabling the connection between individuals seeking to have work/services (“Job Poster”) and/or individuals seeking to provide work/services (bidders).

 

Eligibility

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age. You are also required to comply with, and to ensure compliance with, all laws, ordinances, and regulations applicable to activities on JobAuctions. The Terms of Use grant you a limited, revocable, nonexclusive license to access JobAuctions and use JobAuctions, in whole or in part, included but not limited to JobAuctions intellectual property therein, solely in compliance with the Terms of Use.

 

Copyright and Trademark Notices

JobAuctions is a trademark and are protected by the United States and International laws. The Terms of use do not authorize you use of JobAuctions for any other use pertaining to Job Advertising, internet advertising, social networks, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with JobAuctions.

 

Key Terms

JobAuctions Content” means all content that JobAuctions makes available through the site, application, or services, including any content licensed from a third party, but excluding member content.

Content” means text, images, graphics, or other materials.

Member” means a person who completes JobAuction’s account registration process.

Member Content” means all content that a member posts, uploads, publishes, submits, or transmits to be made available through the site, application, or services.

Job Auction/ad” means a job or service that is listed on the website by a Job Poster.

Job Poster” means a person who posts a job ad for work/services.

Job Bidder” means a person who bids on a job or a service to obtain employment.

 

Account Registration

In order to access certain features of the Site and Application, or create a Listing, you must register to create “Job Auctions account” and become a Member. You may register to join the Services directly via the Site.

We will create your JobAuctions Account and your JobAuctions Account profile page for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active JobAuctions Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

Job Auctions may suspend or terminate your account if you create more than one (1) JobAuctions Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Job Auctions Account, whether or not you have authorized such activities or actions. You will immediately notify JobAuctions of any unauthorized use of your JobAuctions Account.

 

Modification

JobAuctions reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using JobAuction’s application and Services.

 

Member Rules and Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

1.) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.

2.) Register for more than one JobAuctions Account or register for an JobAuctions Account on behalf of an individual other than yourself;

3.) Use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms.

4.) "Stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an JobAuctions member;

5.) Copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

6.) Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

7.) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

8.) Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

9.) Use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the site.

10.) Interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

10.) When acting as a member or otherwise, recruit or otherwise solicit any member or other to join third party services or websites that are competitive to JobAuctions, without JobAuction’s prior written approval;

11.) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

12.) Use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, JobAuction’s name, any JobAuctions trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JobAuction’s express written consent;

13.) Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;

14.) Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

15.) Use automated scripts to collect information or otherwise interact with the Site, Application or Services;

16.) Access, tamper with, or use non-public areas of the Site or Application, JobAuction’s computer systems, or the technical delivery systems of JobAuction’s providers;

17.) Attempt to probe, scan, or test the vulnerability of any JobAuctions system or network or breach any security or authentication measures;

18.) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by JobAuctions or any of JobAuction’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

19.) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

20.) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

JobAuctions will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. JobAuctions may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that JobAuctions has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. JobAuctions reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that JobAuctions, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

 

Tax Laws

All Job Auctions members must abide by their State and federal tax laws. All members are responsible for properly documenting all income and expenses of services that were conducted through the website. These numbers must be accurately reported to their State and IRS. In no event shall Job Auctions be held liable for Members Violation of any tax law or the failure to document and report income, expenses to the state or IRS.  

 

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in Job Auction’s Privacy Policy. We view protection of users' privacy as a very important Community principle.  We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.  We use third parties to verify and certify our privacy principles.  If you object to your information being transferred or used in this way please do not use our services.

 

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOB AUCTIONS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of employment and/or services through this Site (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.

 

Indemnification

You agree to defend and indemnify Job Auctions, Inc. and affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of this Agreement or the documents referenced herein;
  2. violation of any law or the rights of a third party;
  3. your use of this Site; or
  4. your use of this Site for, or on behalf of, a Third Party.

 

Authorization to Contact You and Record Calls

You authorize JobAuctions, its affiliates, agents, and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including, but not limited to, calls or text messages using an automatic telephone dialing system and/or prerecorded messages, even if you incur charges for receiving such communications.

You understand and agree that JobAuctions may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with JobAuctions or its agents for quality control or for its own protection. You acknowledge and understand that, while your communications with JobAuctions may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by JobAuctions, and JobAuctions does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

 

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and Job Auctions relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.