TERMS OF USE
These Terms of Use are effective as of July 1, 2009.
Welcome to Jobblehead.com. The Jobblehead.com service (“Jobblehead.com” or “the Service”) is
owned and operated by Jobblehead.com, LLC and its corporate affiliates (collectively, “us”,
“we” or “the Company”). By using the HYPERLINK "http://www.jobblehead.com"
www.jobblehead.com web site (the “Site”) you signify that you have read, understand and agree
to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at
our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time
without further notice. If we do this, we will post the changes to these Terms of Use on this page
and will indicate at the top of this page the Terms of Use's effective date. Your continued use of
the Service or the Site after any such changes constitutes your acceptance of the new Terms of
Use. If you do not agree to abide by these or any future Terms of Use, please do not use or
access the Service or the Site. It is your responsibility to regularly review these Terms of Use.
ELIGIBILITY
Persons under the age of 13 are not allowed to use or register for the Site. To register, you must
provide your real name, address, phone number, and e-mail address. Using the Service is void
where prohibited. By using the Service or the Site, you represent and warrant that you agree to
and shall abide by all of the terms and conditions of this Agreement. Jobblehead.com may
terminate your account and/or prohibit you from using or accessing the Service or the Site if we
believe you are under 13 years of age or if you otherwise violate these Terms of Use.
TERM
This Agreement shall remain in full force and effect while you use the Jobblehead.com services.
Jobblehead.com may terminate your account at any time, without warning. Upon termination of
your account, Jobblehead.com’s obligations to you shall cease. However, even after your
account is terminated, this Agreement will remain in effect.
PASSWORD
When you register on the Site, you will also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your password. You agree not to use the
account, username, or password of another user at any time or to disclose your password to any
third party. You agree to notify Jobblehead.com immediately if you suspect any unauthorized
use of your account or access to your password. You are solely responsible for any and all use of
your account. Your username and password are not transferable.
USER CONDUCT
You understand that the Service and the Site are available for your personal, non-commercial use
only. You represent, warrant and agree that no materials of any kind submitted through your
account will violate or infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or
otherwise unlawful material. You further agree that you may not use the Service or the Site in
any unlawful manner or in any other manner that could damage, disable, overburden or impair
the Site. In addition, you agree not to use the Service or the Site to:
Upload, post, email, transmit or otherwise make available any content that we deem to be
patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially,
ethnically or otherwise objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your
affiliation with any person or entity;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or
any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software
viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
Intimidate or harass or advocate harassment of another;
Use or attempt to use another’s account, service or system without authorization from the
Company, or create a false identity on the Site;
Exploit people in a sexual or violent manner;
Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
Solicit personal information from anyone under 18 years of age;
Promote information that you know is false or misleading or promotes illegal activities or conduct
that is defamatory or libelous;
Promote an illegal or unauthorized copy of another party’s copyrighted work;
Solicit passwords or personal identity information for commercial or unlawful purposes from
other users;
Solicit money from others.
PROPRIETARY RIGHTS IN CONTENT ON WEB SITE
All content on the Site, including but not limited to design, text, graphics, photographs, video,
audio, organization, compilation, and the selection and arrangement of all of the foregoing (the
“Jobblehead.com Content”), are the proprietary property of the Company or its licensors. All
rights reserved. No Jobblehead.com Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without the Company's prior written permission. You may
download or print a copy of any portion of the Jobblehead.com Content solely for your personal,
non-commercial use, provided that you keep all copyright or other proprietary notices intact. You
may not republish Jobblehead.com Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation. Any other use of the
Jobblehead.com Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Site are either trademarks or
registered trademarks of the Company or its licensors and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of the Company.
MEMBER CONTENT
The Company does not claim any ownership rights in your resume, profile, or any other materials
that you provide, submit, publish or display (hereinafter, “post”) on or through the Site or
otherwise submit to the Company (collectively the “Member Content”). You are solely
responsible for the Member Content that you post on or through the Site or otherwise submit to
the Company. You understand and agree that The Company may review and delete or remove
any Member Content that, in the sole judgment of the Company, violates this Agreement or
which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety
of Members or others.
By posting Member 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 a royalty-free, irrevocable,
perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense)
to use, copy, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part)
and distribute such information and content and to prepare derivative works of, or incorporate
into other works, such information and content, in any form, media, or technology now known or
later developed, and to grant and authorize sublicenses of the foregoing. You also represent and
warrant that the holder of any rights in such content, including intellectual property rights, has
completely and effectively waived all such rights and validly and irrevocably granted to you the
right to grant the license stated above.
You understand that all Member Content is the sole responsibility of the person from whom such
Member Content originated, and that the Company does not control, and is not responsible for
Member Content made available through the Site, and that by using the Site, you may be
exposed to Member Content that is inaccurate, misleading, incomplete, or otherwise
objectionable. You agree that you must evaluate, and bear all risks associated with, the use of
any Member Content, and that under no circumstances will the Company be liable in any way for
any Member Content or for any loss or damage of any kind incurred as a result of the use of any
Member Content posted or otherwise made available via the Site. You acknowledge that the
Company does not pre-screen, monitor or approve Member Content, but that the Company shall
have the right (but not the obligation) in its sole discretion to refuse, delete, edit or move any
Member Content that is available via the Site, for violating the letter or spirit of these Terms of
Use or for any other reason.
You may remove your Member Content from the Site at any time. If you choose to remove your
Member Content, the license granted above will automatically expire.
COPYRIGHT INFRINGEMENT POLICY
Jobblehead.com respects the rights of all copyright holders and in this regard, Jobblehead has
adopted and implemented a policy that provides for the termination in appropriate circumstances
of users and account holders who infringe the rights of copyright holders. If you believe that
your work has been copied in a way that constitutes copyright infringement, please provide
Jobblehead's Copyright Agent the following information: A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a
description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such
works at that site; a description of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; your address, telephone
number, and email address; a written 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 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. Jobblehead.com’s Copyright Agent for notice of
claims of copyright infringement can be reached as follows: 1740 Malcolm Avenue, #103, Los
Angeles, CA 90024; Attn: Copyright Agent; and email: admin@jobblehead.com The Company
will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium
Copyright Act (DMCA).
LINKS TO OTHER WEBSITES
The Site may contain links to other web sites. We are not responsible for the content, accuracy or
opinions expressed in such web sites, and such web sites are in no way investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked web site on or through the
the Service or the Site does not imply approval or endorsement of the linked web site by us.
When you access these third-party sites, you do so at your own risk.
PRIVACY
Use of the Service and the Site is also governed by our Privacy Policy, which is incorporated into
this Agreement by this reference.
USER DISPUTES
You are solely responsible for your interactions with other Jobblehead.com users. We reserve the
right, but have no obligation, to monitor disputes between you and other users.
DISCLAIMER
The Company is not responsible for any incorrect or inaccurate Member Content posted on the
Site or in connection with the Service. Under no circumstances will the Company be liable for
any loss or damage caused by a user's reliance on information obtained through the Site. It is the
responsibility of user to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through the Company. The Site and the Service may
be temporarily unavailable from time to time for maintenance or other reasons. Jobblehead.com
assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or unauthorized access to, or
alteration of, user communications. The Company is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email on account of technical problems or
traffic congestion on the Internet or at any web site or combination thereof, including injury or
damage to users or to any other person's computer related to or resulting from participating or
downloading materials in connection with the Site and/or in connection with the Service. Under
no circumstances will the Company be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Site or the Service, any Member Content
posted on or through the Site or the Service or transmitted to users, or any interactions between
users of the Site, whether online or offline. JOBBLEHEAD.COM, THE SERVICE AND THE
USER CONTENT ARE PROVIDED “AS-IS, AS-AVAILABLE” AND THE COMPANY
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE
ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.
LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO
EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA
ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 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.
GOVERNING LAW AND VENUE
The parties agree that this Agreement shall be governed by the laws of the State of California,
USA, without regard to conflict of law provisions, and the parties agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United States located in the State of
California, City of Los Angeles. Either Jobblehead.com or you may demand that any dispute
between Jobblehead.com and you about or involving Jobblehead.com must be settled by
arbitration utilizing the dispute resolution procedures of the American Arbitration Association
(AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent
Jobblehead.com from seeking injunctive relief in a court of competent jurisdiction.
INDEMNITY
You agree to indemnify and hold Jobblehead.com, its subsidiaries, and affiliates, and their
respective officers, agents, partners, employees, successors and assigns (each an “Indemnitee”)
harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by
any third party due to or arising out of your use of the Site or the Service in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Member Content that you post on
the Site or through the Service is alleged to violate the rights of a third party. In the event you
fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee,
as provided above, such Indemnitee shall have the right to defend itself, and in that case, you
shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages
incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s
written requests.
OTHER
These Terms of Use, together with the Privacy Policy and any other policies of the Company
posted by us on the Site, constitute the entire agreement between you and Jobblehead.com
regarding the use of the Site and/or the Service, superseding any prior agreements between you
and Jobblehead.com relating to your use of the Site or the Service. The failure of Jobblehead.com
to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of
such right or provision in that or any other instance. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. JOBBLEHEAD, the Jobblehead logo,
and HAVE YOU JOBBLED TODAY? are trademarks of Jobblehead.com, LLC. This
Agreement operates to the fullest extent permissible by law. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force and effect. To the
extent that anything in or associated with the Site and/or the Service is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence.