- ArtsTie Terms of Service Introduction
- ArtsTie General Terms of Service
Last Updated: July 1, 2016
Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.
Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your ArtsTie web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers, and ArtsTie’s job seeker web beacon:
Please check the browser’s cookie settings support pages to confirm the most up-to-date instructions.
- Click the settings icon on the browser toolbar (three stacked lines)
- Select ‘Settings’
- Click ‘Show advanced settings’
- In the “Privacy” section, click the ‘Content settings’ button
- To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’
- To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’
- Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google: https://support.google.com/chrome/answer/95647
- Click the menu button (three stacked lines) and choose ‘Preferences’
- Select the Privacy panel
- Set ‘Firefox will:’ to ‘Use custom settings for history’
- To enable cookies: Check ‘Accept cookies from sites’
- To disable cookies: Uncheck ‘Accept cookies from sites’
- Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari on OSX
- Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option
- Click on ‘Privacy’
- To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference
- To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’
- Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214
- From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X)
- Click ‘Privacy & security’ in the sidebar
- Under “Cookies”, select an option for handling cookies
- To enable cookies: Check ‘Allow local data to be set’ or ‘Keep local data only until I quit my browser’ depending on your preference
- To disable cookies: Check ‘Block sites from setting any data’ or ‘Block third-party cookies and site data’ depending on your preference
- Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software: http://help.opera.com/opera/Windows/1967/en/controlPages.html#manageCookies
Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0, 11.0
- Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
- In the options window navigate to the ‘Privacy’ tab
- To enable cookies: Set the slider to ‘Medium’ or below
- To disable cookies: Move the slider to the top to block all cookies
- Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: http://windows.microsoft.com/en-us/windows-vista/Block-or-allow-cookies
- Click on ‘More’ and choose ‘Settings’
- Under “Advanced settings”, select ‘View advanced Settings’
- Under “Privacy and services – Cookies”, choose the option you want.
- ‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to.
- Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: http://windows.microsoft.com/en-us/windows-10/edge-privacy-faq
If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies.
ArtsTie uses the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. ArtsTie and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Website. This means that vendors including Google will display ArtsTie promotional material on other sites you visit across the Internet.
You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide web site visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.
ArtsTie marketing service providers. If you do not want ArtsTie and its marketing services providers to follow your usage of our services via cookies and Web beacons, and to learn more about these providers and their privacy policies, please visit each site: Nielsen, comScore, Yandex (Russia website only), Optimizely, Marketo, Sift Science, Demandbase, Olark, Perfect Audience, Zendesk, Appsflyer, Facebooks, Twitter, Adometry, Sizmek, MediaCom, Mixpanel, Heap Analytics. Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.
ArtsTie may update this list periodically to include other marketing services providers.
Last Updated: July 1, 2016
- Information Collected
When you create an ArtsTie account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). In each such instance above, you will know what data we collect through the Site, because you actively submit it.
In addition, as part of the standard operation of the Site, ArtsTie may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. ArtsTie reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. ArtsTie will store this information on its equipment or the equipment of third parties that ArtsTie has a relationship with for that purpose. If you create an ArtsTie account, information may be collected under your account email address.
If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. ArtsTie may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geo-location or e-mail address. We may also access your contacts to enable you to invite friends to join you in the Site.
When a Job Seeker deletes an account, the Job Seeker will no longer have access to any of the data which we provided under that account name, including but not limited to, search history, job search preferences, saved jobs, jobs the Job Seeker has applied to, job alerts, resume, and any other data associated with the account. If the Job Seeker uses the same email address to set up a new account, this data will not become available to the Job Seeker again. ArtsTie reserves the right to keep any materials in a deleted account as necessary to preserve and protect its rights as allowed by law (for example, to preserve records of a dispute) or to comply with its obligations under local law (for example, to keep an email address). A deleted account does not mean that all of the data is expunged from the ArtsTie systems, although it will not be readily available under the Job Seeker’s original account name. When the Job Seeker presses the delete account button on the dashboard, ArtsTie will begin to process that instruction within 24 hours and will have completed the operation within 40 days. Employers may disable an account, however ArtsTie must preserve business records pertaining to that account to comply with its obligations under law.
- Uses and Disclosures of Information
Any information shared by you with ArtsTie may be shared with or transferred to any ArtsTie affiliated entity (including those located outside the European Union), no matter where located, for the purpose of providing you services and improving the Site. By using the Site, you consent to this transfer and acknowledge that the services provided to you and the functionality of the Site could not be provided without such a transfer. If you do not wish your information to be transferred in this way you should not use this Site.
We may use other companies, including affiliates and third parties, to perform services in connection with our operations, and to improve the Site and our other products and services. In the course of providing these services, those companies may have access to Personal Information, and such Personal Information may be transferred to other countries. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies.
- Contact and Resume Information
When you give ArtsTie contact information (such as your name and email address) and demographic information, you agree that ArtsTie may utilize this information as set forth herein. You agree that ArtsTie may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your ArtsTie account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to ArtsTie or that ArtsTie may otherwise obtain from third-party resources. If and to the extent permitted by applicable law, ArtsTie or its designated third-party partners may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about ArtsTie, including promotional materials. ArtsTie may use demographic and/or profile data to tailor your experience on the Site, show you content that ArtsTie thinks you may be interested in, and display content according to your preferences. Your information, including Personal Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume or edit it, and subject to your Privacy Settings, you are making the resume, your name and other Personal Information that you place on your resume available to third parties who may be interested in you as an employee (and who may forward your resume and Personal Information to other third parties), to search engines, or to the general public by posting your Personal Information on the internet. You acknowledge that ArtsTie may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice-versa, in order to improve the Site or any other ArtsTie product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to job seekers and employers). If you post a public resume, this may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the Personal Information contained in your resume and you may receive unsolicited contact from parties unaffiliated with ArtsTie and for whom ArtsTie has no responsibility. If you do not want your Personal Information posted on the Site, you should not upload it. ArtsTie reserves the right to charge third parties a fee for accessing your information, including Personal Information, as part of ArtsTie’s services. At your direction, ArtsTie may also send your resume to third parties if you choose to apply for a job listing.
- Additional Uses and Disclosures of Non-Personal Information
ArtsTie seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Information under ArtsTie’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. We strongly advise you not to communicate any confidential or sensitive information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies.
- Third Parties
The Site may make available links to other websites. When you click on such links, you may leave our Site. The Site may also make available Company Pages that are provided by third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USAGE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. We encourage you to read the privacy statements of any such third parties.
- Acquisitions and Other Reorganizations
- EEA Data
If you are located in the European Economic Area or Switzerland, please refer to the section titled “EEA Data” in the Terms of Service below.
- Accessing Personal Data for EU Residents
Residents of the European Economic Area and Switzerland have a right of access to their data. If you wish to access such data, please send a certified letter to the above address with a copy of your passport or national identity card (for identity verification purposes) and the same will be provided to you. There may be a charge for such a request (which will not be higher than applicable law permits). European Economic Area and Switzerland residents also have a right, if their personal data is inaccurate, of rectification, erasure or blocking of such inaccurate personal data. You may edit your resume free of charge (if there is an inaccuracy or otherwise), by following procedures set forth on the Site. If your personal data is inaccurate, you may alternatively request ArtsTie to rectify, erase or block the data by sending a certified letter, with a copy of your passport or national identity card (for identity verification purposes), to the above address with the exact nature of the requested action.
- Do Not Track Requests
- Opting Out
If you no longer want to receive promotional materials from us based upon your Personal Information, going forward, you may opt-out of receiving such marketing-related messages by sending an email to info @ artstie.com (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request as soon as reasonably practicable.
ArtsTie Terms of Service Introduction
Last Updated: July 1, 2016
Any references to “ArtsTie” or “we” in this Agreement shall mean the applicable entity as set forth above.
The Site is made available for use by individuals seeking employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employers”), and by individuals and/or organizations seeking to participate in the ArtsTie Publisher Program (“Publishers”). If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by ArtsTie through the Site, or otherwise made available to you by ArtsTie.
ArtsTie General Terms of Service
- The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
- Job Listings
ArtsTie may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings”), through ArtsTie’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom ArtsTie exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. ArtsTie does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness or any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. ArtsTie assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing.
1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, ArtsTie may, for example, use such materials for data analysis, quality control, or to refine the Site or any other ArtsTie product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, ArtsTie may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to ArtsTie taking such actions. ArtsTie assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, career site, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact ArtsTie to do so. ArtsTie does not promise to correct any inaccuracy.
1(d) Regardless of whether you are an Employer or Job Seeker, ArtsTie may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that ArtsTie may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. ArtsTie may also use such information in order to improve the Site or any other ArtsTie product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
- External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that ArtsTie is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
- Use of Site
ArtsTie’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase ArtsTie services that utilize the Site, you must have a prior written agreement with ArtsTie to do so, or have accepted ArtsTie’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
- User Content
Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. ArtsTie does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that ArtsTie shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. ArtsTie may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. ArtsTie reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although ArtsTie has no obligation to do so, ArtsTie may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in ArtsTie’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that ArtsTie deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact ArtsTie immediately so that we may have the opportunity to consider its removal. For clarity, ArtsTie does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any ArtsTie policy will always remain within the sole discretion of ArtsTie.
ArtsTie reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that ArtsTie may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on ArtsTie that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, ArtsTie reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
- License to User Content and Feedback
Only to the extent permitted by law, if you post content or submit material to ArtsTie, including photographs or material you submit for a job solicitation hosted on ArtsTie, you grant ArtsTie a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the ArtsTie website or its publisher partners, maintaining the ArtsTie website and promoting ArtsTie without restriction. Furthermore, you grant to ArtsTie, its affiliates, and sublicensees the right to use your name, user name, and/or trademarks and logos in connection with any such User Content or ArtsTie marketing materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to ArtsTie for association with a particular Job Listing, ArtsTie shall not post such content anywhere other than the Employer(s)’s Job Listing.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless ArtsTie and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow ArtsTie to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact ArtsTie for more details.
At your discretion, you may provide feedback and related materials to ArtsTie concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to ArtsTie a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that ArtsTie may disclose any or all Feedback to any third party in any manner, and you agree that ArtsTie may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place ArtsTie under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, ArtsTie does not waive any rights to use similar or related ideas previously known to ArtsTie, or developed by its employees, or obtained from sources other than you.
- Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by ArtsTie, unless you have been specifically allowed to do so in a separate, written agreement with ArtsTie. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with ArtsTie, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that ArtsTie has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which ArtsTie may suffer) of any such breach.
You agree that you shall not transmit to ArtsTie or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining any ArtsTie property;
- sending messages to users who have asked not to be contacted;
- selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
- using ArtsTie resume contacts in violation of ArtsTie policy, as determined by ArtsTie, including, for example, as indicated by low response rates from those persons contacted.
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
- Conduct or forward pyramid schemes or similar programs.
- Transmit content that may be harmful to minors.
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
- Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other ArtsTie users’ enjoyment of the Site.
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any ArtsTie account.
- Modify, adapt, translate, or reverse engineer any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
- Reformat or frame any portion of the web pages that are part of the Site without ArtsTie’s explicit written permission.
- Contact other ArtsTie users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics ArtsTie considers detrimental to its users.
- Create multiple ArtsTie accounts without permission.
- Bypass any limitations or suspensions of functionality.
- Provide false information.
ArtsTie reserves the right to use any User Content (including the content of messages or material sent through or to the Site or ArtsTie) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. ArtsTie reserves the right to use a variety of methods to detect and address anomalous activity and to screen User Content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and ArtsTie shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
- Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an ArtsTie account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. ArtsTie is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that ArtsTie may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your ArtsTie account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to ArtsTie or that ArtsTie may otherwise obtain from third-party sources. By providing ArtsTie with a mobile phone number, you expressly consent to receiving communication via such mobile number.
- Disclaimer of Warranties
ArtsTie disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the ArtsTie search results (including Jobs Listings) or otherwise made available on the Site by ArtsTie or third parties (including User Content). ArtsTie disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material (including User Content). ArtsTie disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall ArtsTie be liable to you or any third party on account of your use or misuse of or reliance on the Site.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. ARTSTIE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ARTSTIE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. ArtsTie AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY ArtsTie.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ARTSTIE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF ArtsTie OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF ARTSTIE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID ArtsTie TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall ArtsTie or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ArtsTie infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ArtsTie to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ArtsTie a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to ArtsTie Copyright Notice, 15933 Indian Hills Ter, Derwood, MD, 20855, USA (firstname.lastname@example.org). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
- Governing Law and Dispute Resolution
If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Maryland, United States of America. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Montgomery County, Maryland, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Montgomery County, Maryland, U.S.A, if you are located in the United States of America.
If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Maryland. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Montgomery County, Maryland, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in Montgomery County, Maryland, U.S.A.
- Class Action Waiver
By using the Site and in return for the services offered by ArtsTie, you acknowledge that ArtsTie can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue ArtsTie as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against ArtsTie regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.
- Information or Complaints
If you have a question or complaint regarding the Site, please contact us.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ArtsTie. This Agreement, together with any amendments and any additional agreements you may enter into with ArtsTie in connection with the Site, shall constitute the entire agreement between you and ArtsTie concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ArtsTie’s proprietary rights in them.
You understand and acknowledge that ArtsTie or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. ArtsTie reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same ArtsTie party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable ArtsTie party identified in the first paragraph of this Agreement with respect to such new territory.
Any notices to ArtsTie must be sent to the applicable ArtsTie entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted.
You may not assign or delegate any of your rights or obligations hereunder without ArtsTie’s prior written consent and any such attempt is void. ArtsTie may freely assign or delegate its rights and obligations hereunder without notice to you. ArtsTie and you are not legal partners or agents, but are independent contractors.
- Use of Site by Minors
The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use ArtsTie under the supervision of a parent or legal guardian, or responsible adult.