(Revised and Effective – March 1, 2018)
Users have access to the following Services, in a format and according to the technical means that we deem the most appropriate.
2.1 Job Ad Platform Service
Appcast shall provision a license of the Services for the exclusive use by you and your Users for the sole purpose of posting and managing job advertisements to the Appcast Publisher Network (as defined in Section 2.2) (the “Job Ad Platform”). Management of job advertisements via the Job Ad Platform may include: setting cost per clicks pricing, minimum and maximum limitations on clicks, adding and removing jobs from the platform, etc.
2.2 Appcast Publisher Network Service
The Services and Site may be used solely by companies seeking clicks for job advertisements 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; or (b) 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 knowingly: (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.
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 clicks driven by Appcast and the Appcast Publisher Network (herein “Appcast Driven Clicks”) and corresponding fees. For payments related to Appcast Driven Clicks, nothing herein absolves you from financial obligations to Publishers. In the event you do not remit full and satisfactory payment of the fees to Appcast within thirty (30) days after the invoice due date, Appcast may suspend or terminate access to and performance of the Services. In such case, you will indemnify, defend and hold Appcast and its employees, officers, directors, respective agents and representatives harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) arising from Appcast’s refusal to perform services associated to the Services, including any claims asserted by Publishers. For avoidance of doubt, in no event shall Appcast be obligated to remit Publisher payments to any Publisher if it has not yet received full and satisfactory payment for all prior Publisher payments. You agree that you are ultimately obligated to pay the Publishers and Appcast is acting solely as an agent for you in remitting payments to the Publishers. 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.
4.2 Per Click Fees
You will pay to Appcast a fee for each Appcast Driven Click submitted to you or to your website. The fee for each Appcast Driven Click will be the cost-per-click designated by you when you use the Services.
4.3 Fee Changes
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.
Users who do not accept the new fees must cancel their use of the Services according to the provisions set out in Section 7. Users who continue to use the Services after 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 Clicks generated before or within the following 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 INVOLVED 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
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