We have updated our company name to Appcast, Inc.
We have added terms that will allow us to reveal the identity of some publishers and allow you to select the directed use of those publishers.
We have added terms to allow for us to provide various services at a later date such as subscription services, pay for performance or pay for usage.
We have updated the jurisdiction of the agreement to New Hampshire.
Users have access to the following Services, in a format and according to the technical means that we deem the most appropriate.
Appcast shall provision a license of the Appcast Job Ad Platform for the exclusive use by you and your Users for the sole purpose of posting and managing your job advertisements to the Appcast Publisher Network (as defined in Section 2.2) and to the Appcast Premium Publishers (as defined in Section 2.3). Management of job advertisements via the Job Ad Platform may include: setting per applicant pricing, minimum and maximum limitations on applicants, adding and removing jobs from the platform, etc.
From time to time, and at Appcast’s sole discretion, certain Publishers may be made available as a “Premium Publisher” meaning the identity of such Publishers are made visible to you. If you request your job ad to be advertised via a Premium Publisher, you will be charged separately for each such selected Premium Publisher in addition to fees associated with each Appcast Driven Application (defined below). Such charge is separate from and in addition to fees associated with the Appcast Publisher Network. In selecting use of those Premium Publishers, you may be required to agree to certain Additional Terms (defined below), including additional fees that may be applied for use of those Services and for additional set-up, including source tracking in your applicant tracking system that attributes the applicant source to both Appcast and the Premium Publisher. Appcast may add or revoke any Publisher from the Premium Publishers at any time.
Under certain circumstances the to the Premium Publishers Service may be made available via a pre-paid monthly subscription (hereinafter referred to as the “Subscription”).
The term of the Subscription will begin on the day you purchase the Subscription and pay the applicable Subscription fee and will continue for the period of time set forth in the Subscription ordering document (the “Initial Term”). The Subscription ordering document may take the form of an order form, insertion order (IO) or purchase order (PO) (herein referred to as “Order Form”), for a duration set forth in the Order Form (“Term”).
The Subscription will automatically renew for additional successive periods of 1 (one) year renewal periods (each a “Renewal Term” and together with the Initial Term, the “Term”), unless notice of termination is given by either Appcast or the User as provided below.
You may cancel your Subscription thirty (30) days before the end of the Term or then-current Renewal Term by notifying Appcast in writing on your intention to discontinue Premium Publishers Service.
Appcast may cancel a User’s Subscription by sending an email to the User with at least thirty (30) days notice, provided that we will refund you any Subscription fees paid in advance for services not yet performed.
Payment for any Subscription month started is due in its entirety.
The Subscription applies to a single Premium Publisher or group of Premium Publishers. The User undertakes to refrain from using the Services for another application than the one for which the Subscription has been originally subscribed.
The Services and Site may be used solely by employers seeking job applicants and in accordance with our standard documentation, which may be published by Appcast and made available to you from time to time. You may not use the Services or Site to determine a consumer’s eligibility for: (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit. Appcast may not be considered an employer with respect to your use of the Site or Services and we are not responsible for any employment decisions made by any person or entity posting jobs via the Site or Services.
You will maintain and comply with privacy policies and practices that comply with applicable law and conform to industry best practices. You represent and warrant that your User Communications will not: (a) be false, inaccurate or misleading; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation consumer protection, unfair competition, anti-discrimination and false advertising); (d) be libelous, threatening, defamatory, harassing, obscene or contain any kind of pornography; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; or (g) interfere with the ability of others to enjoy our Site or Services.
Additionally, you represent and warrant that you will not: (h) use any data mining robots, spiders or similar data gathering or extraction methods; (i) violate or attempt to violate the security of the Site or Services; (j) reverse engineer or decompile any part of the Site or Services; (k) aggregate, copy or duplicate any of the Appcast IP or information available via the Site or Services, other than as permitted by these Terms; (l) except for Users, share with a third party any login credentials to the Site or Services; or (m) access data or any part of the Site or Services not intended for you.
You acknowledge that the timely placement of pixels and access to jobs by Appcast relies on the timely communication and action by your applicant tracking system and support career portal vendors.
Appcast will calculate the fees owed based on data collected via the Services, which you agree will be the system of record for determining the number of Appcast Driven Applications and corresponding fees. We will invoice you for all fees on a monthly basis. Unless you have pre-paid the fees, you will remit payment to Appcast within thirty (30) days after issuance of each invoice.
4.1.1 Per Applicant Fees
You will pay to Appcast a fee for each Appcast Driven Application (defined below) submitted to you or your application tracking system. “Appcast Driven Application” means a job application generated by an applicant who navigated to your website or app lication tracking system after clicking on a job advertisement published via the Services. The fee for each Appcast Driven Application will be the cost- per-applicant designated by us when you use the Services.
4.1.2 Premium Publisher Fees
In addition to the fees for each Appcast Driven Application, you will pay to Appcast a fee for each Premium Publisher utilized in a calendar month. The Premium Publisher fees are set forth here.
4.1.3 Subscription Fees
The Subscription to the Premium Publishers Service is available in different plans, the fees and characteristics of which are indicated on the Site. The fee for each Subscription is based on various criteria, such as but not limited to, the number of Premium Publishers utilized, number of applications, number of jobs and/or amount of spend through the Service to the Premium Publisher.
The plans may also include “Over Quota fees” that apply when the User exceeds the amounts or volumes included in his Subscription.
Unless otherwise stated, the fees are exclusive of taxes.
4.2 Fee Changes
Except for Subscription-based Premium Publisher Service fees, Appcast may change the fees and payment policies for the Services by notifying you in writing (including email) at least thirty days before the change takes effect.
The Users who do not accept the new fees must cancel their Subscription according to the provisions set out in Section 7. Users who continue to use the Services after the the new fees become effective will be deemed to have accepted them.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site or via the Services are registered and unregistered trademarks, trade names and service marks owned by Appcast and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site or via the Services without our written permission or the written permission of such third-party owner.
You have and shall retain ownership of your User Communications. You declare and warrant to us that you are entitled to transmit, use or post User Communications and have all relevant licenses and consents from any relevant third parties. Further, we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send via the Site or Service for developing, marketing and providing products and services. You further acknowledge and agree that we own all of the information we collect from job applicants, including information collected via cookies and web beacons regarding job ad views, job application starts and job application completions. Further, in no event will we publicly disclose any performance-related data specific to you.
Unless you have purchased a Subscription, you may discontinue using the Services at any time; provided, however, that you will pay Appcast the fees due and payable for any Appcast Driven Applications generated within seven (7) days after the effective date of termination.
In the event you discontinue using the Services or Site or we discontinue providing the Services or Site, the following provisions will survive: Sections 9, 10, 11, 12, 13, 14, 17 and all payment obligations.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. APPCAST DOES NOT EVALUATE, SCREEN OR CENSOR THE APPLICATIONS SUBMITTED IN CONNECTION WITH THE SERVICES OR THE APPLICANTS THEMSELVES. APPCAST IS NOT INVOLED IN AND DOES NOT CONTROL THE TRANSACTION BETWEEN A JOB APPLICANT AND YOU. ACCORDINGLY, APPCAST IS NOT RESPONSIBLE FOR YOUR INTERACTION WITH ANY PERSON WHO CONTACTS YOU, INCLUDING JOB APPLICANTS, IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE SITE.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES AVAILABLE AT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. WE PROVIDE OUR SITE AND SERVICES FROM OUR OFFICES WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE SITE AND SERVICES IS APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN OTHER LOCATIONS.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES (OR DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF, THE SITE OR SERVICES PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER COMMUNICATIONS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE THREE MONTH PERIOD PRIOR TO ANY CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You are solely responsible for your interactions with other users of the Site or the Services. We reserve the right, but not the obligation, to monitor disputes between you and other users.
You may not take legal action against Appcast without first (a) sending us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute.
Appcast will not be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation acts of God, terrorism, war, riots, fire, earthquake, flood or degradation or failure of third party networks or communications infrastructure.
We welcome your comments and questions. Please contact us at: firstname.lastname@example.org
Copyright © 2016 Appcast, Inc. All rights reserved.