If you use the Service to search for employees, post jobs, or view resumes, you are an "Employer." We may also sometimes refer to Employers on the Service as a “Job Poster” when they are only using the Service to post jobs for their organization, and review job applications and resumes. Section 9 of this Agreement contains specific provisions applicable to you if you are using the Service as an Employer. Please review the terms of Section 9 carefully.
If you use the Service to search for, or apply for jobs through the Service, you are a "Candidate." We may also sometimes refer to Candidates in this Agreement as “Job Seekers” when they are only using the Service to search for, or apply for jobs through the Service or upload resumes to the Service. Section 8 of this Agreement contains specific provisions application to you if you are using the Service as a Candidate. Please review the terms of Section 8 carefully.
2. Use of Our Service
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with Talentpegs, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Talentpegs, unless we provide such Users with specific written authorization to re-use the Service. If you use Talentpegs on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. You must not be a competitor of Talentpegs or use our Service for reasons that are in competition with Talentpegs.
B. Service Functionality
The Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of Users, such as Candidates and Employers. You may never use another User's account without permission.
By providing Talentpegs your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account page or by following the opt-out instructions in the message. Opting out may prevent you from receiving email messages regarding updates, improvements, offers, or information about jobs that may suit you, if you are a job seeker. By submitting a job application on the Service or by completing any new hire documents on the Service, you give us permission to store your information on the Service and to share your information with the Employer posting the job or requesting you to complete the new hire documents. By connecting to Talentpegs with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
By using the Service, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Service by Users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Candidates or Employers. We do not refer or recommend either Candidates or Employers, nor do we make any representations about the integrity, responsibility or actions of Candidates or Employers whether in public, private or offline interactions.
D. User Accounts
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Service by changing the settings in your Settings page. When creating your account or uploading information to the Service through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify TalentPegs immediately of any breach of security or unauthorized use of your account. TalentPegs will not be liable for any losses caused by any unauthorized use of your account.
E. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Talentpegs servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Talentpegs grants the operators of public search engines revocable permission to use spiders to copy materials from Talentpegs.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service (for paid services). We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Talentpegs Users, including Candidates if you are an Employer, and Employers if you are a Candidate. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Talentpegs shall have no liability for your interactions with other Users, or for any User's action or inaction. Talentpegs shall have no obligation to you to enforce this Agreement against any other User.
3. User Content
The Service may allow Users to post content such as job and company information, application information, logos, trademarks, comments, questions, and other content or information ("User Content").
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Talentpegs reserves the right, but is not obligated, to reject and/or remove any User Content that Talentpegs believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that Company's use of your User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Talentpegs takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Talentpegs shall not be liable for any damages you allege to incur as a result of User Content.
4. User Content License Grant
5. End User License Grant
A. TalentPegs Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the Service. Talentpegs reserves all rights not expressly granted herein in the Service and the Talentpegs Content (as defined below). Talentpegs may terminate this license at any time for any reason or no reason.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Talentpegs Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Talentpegs and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Talentpegs Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You agree that any feedback, comments, or suggestions you may provide regarding Talentpegs or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Paid Services
A. Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. Talentpegs may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to the Fee Schedule shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. No Refunds
You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that Talentpegs suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused service on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Payments for the services offered by TalentPegs.com shall be on a 100% advance basis. Refund if any will be at the sole discretion of TalentPegs.com. TalentPegs.com offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. TalentPegs.com gives no guarantees of server uptime or applications working properly.
C. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases, transactions or other monetary transaction interactions.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Talentpegs in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.
8. PROVISIONS SPECIFIC TO USERS THAT ARE CANDIDATES
The provisions of this Section 8 of the Agreement are specific to Users that use the Service as Candidates (including as Job Seekers). If you are using the Service as a Candidate, then in the event of a conflict between the provisions of this Section 8 and the rest of the Agreement, the provisions of this Section 8 will control.
A. Candidate Accounts
If you create a Candidate Account (whether to search or apply for a job posting as a “Job Seeker”, you must be permitted to legally work within your applicable jurisdiction. If you are registering to be a Candidate, you may use your account only for yourself or individuals for whom you have legal authority to represent.
In addition to applying for a job posting as a “Job Seeker”, you can also browse the Service, receive job alerts from the Service regarding jobs that may be of interest to you (“Job Alerts”), and save a record of job listings you have found on the Service.
B. Job Applications(to be modified accordingly)
As a registered Job Seeker you will be able to submit job applications through the Service (“Job Applications”) for jobs that are listed on the Service (“Job Listings”). You will have the ability to choose how to submit your Job Application through the Service using the options offered through the Service. For example, you may submit your Job Application through the Service by (A) using the Service’s “1-Click Apply” feature, (B) using the Service’s “Apply Now” feature, or (C) applying through your Monster.com or LinkedIn.com accounts. If you elect to use the Service’s “1-Click Apply” feature, when you click on “1-Click Apply” the information that you have included as part of your User Profile, including your resume and contact information, will be sent to the Employer that posted the applicable Job Listing. If you elect to use the Service’s “Apply Now” feature, you will either be required to provide your name, email address and phone number, and attach your resume (and, when you click the “Apply Now” button, this information will then be sent to the Employer that posted the applicable Job Listing), or the "Apply Now" button will redirect you to an external website where you will be able to apply to the Job Listing. If you elect to apply through either your Monster.com or LinkedIn.com account, you will be asked to log-in to your Monster.com or LinkedIn.com account, and the profile, resume and other information that you have provided as part of your Monster.com or LinkedIn.com account will then be sent to the Employer that posted the applicable job. You can also submit a Job Application through your mobile device.
Please note that once you have submitted a Job Application through any feature of the Service, your resume and other applicable information will be shared with the Employer that posted the Job Listing. If you elect to submit a Job Application to an Employer through the Service’s “1-Click Apply” feature the information you include in your User Profile will constitute the information that is included in your Job Application and provided to the applicable Employer. You should therefore ensure that the information in your User Profile is complete and accurate, and only contains information you are comfortable sharing with Employers, prior to submitting a Job Application through the Service’s “1-Click Apply” feature.
If you submit a resume, you acknowledge that we may ‘parse’ the resume in order to create searchable text for an Employer. The employer will also be able to see your resume in the form in which you submitted it to TalentPegs.
D. Interactions with Employers
You are solely responsible for your interactions with Employers that you contact, or that contact you, through the Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or a Job Application or resume that you provide through the Service. Only list the contact information on your resume or Job Applications that you are comfortable disclosing to Employers and other Users of the Service.
Although Talentpegs requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, Talentpegs cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application or resume will be held in confidence or properly secured by each applicable Employer. In addition, Talentpegs takes no responsibility and assumes no liability for any Job Listing that any Employer posts or sends through the Service. You agree that Talentpegs is not responsible or liable for the conduct of any Employer.
9. PROVISIONS SPECIFIC TO USERS THAT ARE EMPLOYERS
The provisions of this Section 9 of the Agreement are specific to Users that use the Service as Employers. If you are using the Service as an Employer, then in the event of a conflict between the provisions of this Section 9 and the rest of the Agreement, the provisions of this Section 9 will control.
If you are an Employer, you agree that you will not use the Service to post or promote any position that contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Service to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting. When using the Service, you are responsible for ensuring that your use of the Service is in compliance with applicable law. As an Employer, you must also comply with the Talentpegs Job Quality & Inclusion Guidelines including ensuring that all positions you post to the Service comply with such guidelines.
A. Employer Accounts
If you create an Employer Account to post a job opening, we will make reasonable efforts to distribute your job posting to the third-party services indicated on the Service, as we may update them from time to time (“Distributors"). However, you acknowledge and accept that we have no control over any Distributor and therefore, we provide no guarantee that your job post will be accepted by a Distributor. You accept that a Distributor may reject your job post for any reason, whether you are on any paid job posting plan or on a trial subscription, and even if you have paid for a “Premium Post”. You agree that Talentpegs is not liable to you or any third party if your job post is rejected or not posted. By posting your job, you give us permission to distribute your post to current and future Distributors. You acknowledge and agree that Talentpegs cannot be responsible and disclaims all liability for Distributors, including without limitation their availability, operations, features and functionality. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Candidate.
B. Authorized Users
As an Employer, you are responsible for all activity, acts or omissions by any of your personnel that create an Account to use the Services (“Authorized Users”). Accounts may not be shared between different Employer personnel. Employer shall ensure that Authorized Users comply with this Agreement, and shall promptly notify Talentpegs of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security. Employer shall cooperate with Talentpegs with respect to: (i) investigation by Talentpegs of any suspected or alleged violation of this Agreement and (ii) any action by Talentpegs to enforce this Agreement. Talentpegs may suspend or terminate an Authorized User’s access to the Services in the event that Talentpegs reasonably determines that such Authorized User has violated this Agreement or appears likely to do so. Employer shall be liable to Talentpegs for any violation of this Agreement by an Authorized User.
C. Removal of Job Listings
You acknowledge and agree that Talentpegs may, with no liability or penalty, remove any Job Listing, content, communication or information posted, which in the sole judgment of Talentpegs, violates or may violate this Agreement, the Talentpegs Job Quality & Inclusion Guidelines (currently available at https://www.TalentPegs.com/job-guidelines), applicable laws, rules or regulations; may adversely affect TalentPegs; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
Talentpegs cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
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