Terms of Service
- About the Services
- Access to the Service
- Codeity Accounts
- Subscriber Content Storage and Retrieval
- Limitation of Liability
- Copyright and Content Ownership
- Electronic Delivery Policy
- Governing Law; Arbitration
TERMS OF SERVICE: CANDIDATES
UPDATED NOVEMBER 17, 2014
Welcome to the Codeity service and network (collectively, the “Services”) that is owned and operated by Codeity, Inc., a Delaware corporation (the “Company,” “Codeity,” “we,” or “us”). By visiting or using our website at www.codeity.com (along with all other websites and domain names affiliated with the Company, and any other linked pages, features, content or application services offered from time to time by the Company in connection with www.codeity.com, the “Site”) you signify that you have read, understood and agree to be bound by this Terms of Service Agreement (this “Agreement”). “You” refers to any (i) individual who creates an account on the Service, or (ii) entity whose account is created by individual authorized to agree to such terms on behalf of such entity, including if any such use of the Site or Services is on a trial basis. Any individual accessing or using the Services on behalf of their employer represents and warrants that they have the authority to agree to this Agreement on its behalf.
About the Services
Your use of the Site and/or the Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement. The Site and the Services may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site or Services (collectively, “Content”). Subject to this Agreement, we grant to you and each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of this Agreement, “Content” also includes all User Content (as defined below). If you do not agree to all the terms and conditions of this Agreement, you should not, nor have the right to, use the Site or the Services.
The Site and Services enable you to access, share and review job postings, candidate profiles and other content. The jobs and profiles displayed on the Site as a part of the Services are created by people over whom we exercise no control. You acknowledge and understand that we have no control over the profiles or positions posted on our Site and that we do not screen the profiles and postings made therein. As such, we cannot confirm that users or employers are who they claim to be and we assume no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any information, or web site that is either included in our search results or linked to by the Site. The Site contains links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites. We reserve the right to modify, update, amend or change the terms of this Agreement at any time and such modification, update, amendment or change shall be effective upon posting without notice or acceptance by you. We may also, without notice to you, discontinue any of the Services without notice. The Services are based in the United States and are not designed for use in any other country. Please confirm that your use of the Site or Services complies with the laws of your country.
Access to the Service
We will use reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. You agree that we will not be liable to you or any other party for any suspension, modification, discontinuance or lack of availability of the Service, the Site or other Content.
By accessing the Site and/or using the Services, you certify to Codeity that, if you are an individual (i.e., not a corporate entity), you are at least 18 years of age. No one under the age of 18 may provide any personal information to or on Codeity (including, for example, a name, address, telephone number or email address). You also certify that it is legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. Registered or automated login attempts by “bots” or other automated methods are not permitted.
This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. We make no claim that the Site may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
When signing up for the Service, you will be asked to provide certain personal information, including, without limitation, your full legal name, full company name (if applicable), a valid e-mail address, and any other information requested in order to complete the signup process (“Registration Data”). When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process. You are responsible for maintaining the confidentiality of the access data for your account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of use of the Site and the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Services (or any portion thereof). We may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
You are responsible for all User Content posted and activity that occurs through or under your account (even when Subscriber Content is posted by others). Any fraudulent, abusive or authorized activity may be grounds for termination of Subscriber’s right to Services or to access the Site and may be grounds for potential liability against Subscriber. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user.
Subscriber Content Storage and Retrieval
The Services may only be used to transmit and store resumes (or CVs), files associated with the process of hiring a candidate (hereinafter referred to as “User”), job descriptions, comments with respect to the foregoing and any text, information, images, audio, video, messages and other materials (all of the foregoing and any other material submitted to, or otherwise made available on, the Site, or used in connection with the Service, is referred to as “User Content”). You may not upload (i) advertisements or any other materials that do not fall within the definition of “User Content,” (ii) transmit unsolicited information, materials or data (including, without limitation, “spam” messages), or (iii) any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, cache, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
You understand that the Services can be used for transmission of your User Content, and that during processing, your User Content may be transferred unencrypted over the internet, and you consent to such unencrypted transmission.
You acknowledges that we have no control over, and no duty to take any action regarding: (i) which Content you accesses via the Site; (ii) what effects the Content may have on you; (iii) how you may interpret or use the Content; or (iv) what actions you may take as a result of having been exposed to the Content. You release us from any and all liability for User having acquired, used, relied on, acted upon (or not acquired) Content obtained or obtainable through the Site. We makes no representations or warranties concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of material or Content contained in or accessed through the Site.
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS RELATING TO IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CODEITY OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, SERVICES, CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CODEITY OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless Codeity, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys’ fees, arising out of your use of the Site or the Services (or any third party using your account), your violation of this Agreement, or infringement of any intellectual property or other right of any person or entity in connection with the Site or the Services or your use thereof. The terms specified in this Section will survive termination or expiration of this Agreement.
Copyright and Content Ownership
The Site and the Content may only be used in accordance with the terms of this Agreement. All Content is our property or the property of third parties and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to us and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of this Agreement, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence. We reserve the right to remove any User Content from the Site, suspend or terminate your right to use the Service at any time, or pursue any other remedy or relief available to us and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
All resume documents uploaded to your account by you, another user within your account, or an applicant, can be retrieved by you through the provided user interface or application programming interface (API).
Electronic Delivery Policy
You agree that we may provide to you required notices, agreements and other information concerning the Services electronically. While refunds will be handled promptly when warranted, by using the Services you also agree that we are not responsible for valid charges incurred as the result of failed electronic delivery of email messages to the address you provide, either by our fault or another third party.
Governing Law; Arbitration
By visiting or using the Site and/or the Services, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern this Agreement. By agreeing to this Agreement and using the Site and the Services, you agree to submit to personal jurisdiction in Delaware for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to this Agreement, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Delaware. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, we may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
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 us. This Agreement, together with any amendments and any additional agreements you may enter into with Indeed in connection with the Website, shall constitute the entire agreement between you and us 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. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
You may not assign or delegate any of your rights or obligations hereunder without our prior written consent and any such attempt is void. We may freely assign or delegate its rights and obligations hereunder without notice to you.