Terms and Conditions

Please read the following terms and conditions (the “Terms and Conditions”), which apply to activities you perform on our website (the “Site”) and activities or communications that occur using our services or the Site (the foregoing actions are collectively known as the “Service”) and do not apply to any other website. Please read the following Terms and Conditions carefully, as they form the agreement between you and us with respect to the Service. These Terms and Conditions may be modified from time to time by us in our sole discretion. Please periodically review these Terms and Conditions to be updated on modifications hereto. When you register for the Service or use the Site, you agree to abide by these Terms and Conditions. Each time you use the Service or the Site or provide us with information in connection with the Service, you are accepting the terms and conditions in this Privacy Policy at that time. As used in this Policy, “we,” “us,” and “our” all refer to First Beat Media, Inc. or any of our successors or assigns; and “you,” “your,” and the “user” all refer to you, the user of the Service and the Site.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT REGISTER FOR OR USE THE SERVICE, OR USE THE SITE. BY REGISTERING WITH US, USING THE SERVICE AND/OR USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions were implemented on October 9, 2009 and were last updated on October 9, 2009

Right to Use

Your right to use the Service and the Site is subject to these Terms and Conditions, which may be modified by us in our sole discretion from time to time. We may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to part or all of the Service without notice or liability.

If you are a job seeker, we hereby grant you a limited, terminable, non-exclusive right to access and use the Site and the Service for your own personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. We reserve the right to suspend or terminate that privilege for any reason at any time, in our sole discretion.

If you are an employer, we hereby grant you a limited, terminable, non-exclusive right to access and use the Site and the Service only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects, posting, managing, and removing employment opportunities and listings as needed and in accordance with these Terms and Conditions. We reserve the right to suspend or terminate your access or use at any time.

Age Requirement

To visit the Site, you must be at least 13 years old. To register for and/or use the Service, you must be at least 18 years old, the age of majority in the jurisdiction in which you reside, or at least 13 years old and using the Service under the supervision of a parent, legal guardian, or other responsible adult. By registering for and/or using the Service, you represent, warrant, and covenant that you are at least 18 years old or the age of majority in the jurisdiction in which you live. If you are not at least 13 years old, do not register for or use the Service.

Legal Requirement

You may not use the Service if you are barred from doing so by the laws of the United States or those of other countries, including the country in which you reside.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct, which Code of Conduct is illustrative and not exhaustive:

  1. You will not use the Service to engage in any form of harassing, lewd, or otherwise offensive (in our sole discretion) behavior.

  1. You will not post or submit (i) any data, text, software, music, sound, photographs, graphics, video, advertisements, messages, or other material or content (the “Content”) that is abusive, threatening, obscene, defamatory, libelous, pornographic, indecent, violent, discriminatory, racist, illegal, or otherwise inappropriate, in our sole discretion; or (ii) any hyperlinks that link to Content that is any of the foregoing.

  1. You will not use the Service to infringe the privacy rights, property rights, or civil rights of any third party.

  1. You will not post any jobs on the Site for any of our competitors or post jobs or other Content that contains (i) links to any competitive site or (ii) hyperlinks, “hidden” keywords, or keywords that are irrelevant to the job or are otherwise misleading.

  1. You will not post on the Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;

  1. You will not use the Service or the Site, or any portion thereof, in any way that (i) violates, plagiarizes, or infringes upon our rights or the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary right(s), or (ii) is fraudulent or is otherwise unlawful.

  1. You will not use or attempt to use the Service by any means or device with the intent to avoid payment for such use (where applicable).

  1. You will not introduce to or through the Service any software or computer program, without limitation, that is intended to or that does in fact harm, destroy, interrupt, or otherwise limit the functionality of any computer software, hardware, or other equipment.

  1. You will not use the Service for any unlawful purpose.

  1. You will not resell or assign your rights or obligations hereunder, and you agree not to make any unauthorized commercial use of the Service or the Site.

User Content

The Content is the sole responsibility of the person from which the Content originated. We claim no ownership or control over any of the Content you submit. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Site or the Service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Site or the Service, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through the Site or the Service. In addition, by submitting, posting or displaying Content that is intended to be available to the general public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of promoting the Service and the Site. We will discontinue this licensed use within a commercially reasonable period after such Content is removed from the Site.

You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in the Content and you have completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post Content in any public area of the Site, you also permit any user to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on the Site retains any and all rights that may exist in such Content.

Notice of Claimed Infringement

We respect the intellectual property of others, and we ask you to do the same with respect to the Service. Accordingly, we voluntarily observe and comply with Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Designated Agent with the following information:

a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

c) a description of where the material that you claim is infringing is located on the Site;

d) your address, telephone number, and email address;

e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f) a statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Exercising Our Rights

Any failure on our part to exercise any of our rights arising from these Terms and Conditions and/or under the laws of Florida or federal law, whether intentional or unintentional, shall not be construed in any way as waiver of such right or consent to the conduct or absence of conduct on your part. We may only waive our rights in a writing explicitly expressing our desire to waive such rights, signed by our corporate president or vice president.

We reserve the right to comply with any and all legal inquiries from authorities having proper jurisdiction over such matters, with respect to your use of the Service and any and all information related thereto.

We have no duty to monitor Content or activities on the Site, though we may do so from time to time. We reserve the right to investigate any such Content or activity, and to take those actions we deem necessary or appropriate.

Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including, but not limited to, use of your password by any third party. If you have reason to suspect a third party may have knowledge of your password, it is your responsibility to change your password and inform us. Otherwise, you will be solely responsible for any conduct arising from such third party’s use of your account.

External Links

The Service may from time to time contain links to third party websites and resources (collectively, the “External Links”). You hereby acknowledge and agree that we are not responsible for, and have no liability as a result of, the availability or the Content of the External Links or any damages or claims arising from the use of the External Links. Nor does the presence of the External Links necessarily represent our endorsement of the External Links. You visit such External Links at your own risk.

Indemnity

You hereby agree to indemnify us, our officers, directors, employees, and agents, from any losses or damages, including without limitation reasonable legal fees, that we may suffer from your activities on or use of the Service or the Site, including without limitation any breach by you of these Terms and Conditions or any charges or complaints made by others against you, including any such activities or use by any and all third parties using your account. You agree to cooperate as fully and reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

Modifications

We reserve the right to modify these Terms and Conditions from time to time. Notification of modifications will be posted on the Site or sent to you via e-mail, as we may determine in our sole discretion. We assume no responsibility to e-mail you or otherwise contact you regarding any such changes, regardless of any past or future such contact from us. We will, however, post these Terms and Conditions with any modifications on the Site and update the date contained there on so that you will be on notice of the changes. Please check the Site from to time for any such modifications. If you do not agree to any such modifications, you must immediately terminate your use of the Service. Your continued use of the Service following the posting of notice of any modifications constitutes your continued acceptance of the Terms and Conditions.

Disclosure and Other Communication

We may send e-mail to you for the purpose of informing you of modifications to the Service or of any our related products and services. Subject to our Privacy Policy, we reserve the right to disclose information about your usage of the Service in forms that do not reveal your personal identity.

Complaints

To resolve or report a complaint regarding the Service, please send an e-mail to us at . We will attempt to resolve any problems arising from such complaints in a timely and efficient manner.

Access

You are responsible for providing or procuring the equipment and Internet connection necessary to access the Site and use the Service. You may use the non-public portions of the Site and the Service by completing an online registration form, which is subject to our final approval, and by paying the applicable fee(s) in effect at that time. Upon submission of the registration form, we or our authorized agent will process the form.

Duties at and after Registration

In connection with completing the registration form and subject to our Privacy Policy, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You must promptly inform us of any and all changes, including, but not limited to, changes in your address and changes with the credit card used in connection with our billing, including but not limited to changes in the name on the card, the expiration date, the address connected with the card, and in the event that you have cancelled such credit card registered with us. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service by you. Untruthful, inaccurate or non current information may result in civil liability or criminal liability, as applicable. You are responsible for dishonored checks or refused charges for any reason and any related fees that are incurred with respect to your account.

Member Account, Password and Security

As part of the registration process, you must choose a unique user name and password. You agree not to choose a user name that may falsely represent you as somebody else or a name that may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of user names that we, in our sole discretion, deem inappropriate. Your account, user name, and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities resulting from the use of your user name and password. We will not release your password for security reasons. You agree to (a) ensure that you exit from your account at the end of each session, and (b) immediately notify us of any unauthorized use of your user name and password or any other breach of security. You are liable and responsible for any unauthorized use of the Service until you notify us by e-mail regarding such unauthorized use. Unauthorized access to the Service is illegal and a breach of these Terms and Conditions.

You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information will be removed from any public area of the Site. Information may continue to be available for some period of time because of delays in propagating such deletion through our servers. In addition, third parties may retain cached copies of your Information.

Term

These Terms and Conditions remain in full force in effect while you are a user of the Service.

Fees

You agree to pay all fees, where applicable, when due according to the following billing terms. While there is presently no fee for users to search for employment opportunities on the Site, we reserve the right implement a fee, in whatever form, for job searchers at any time in connection with their use of the Site.

Users seeking employees shall pay a one-time, up-front fee either to 1) post a job opportunity listing on the Site or 2) use the Site’s resume search function.

You shall pay such fees up front by credit card. We reserve the right to contract with a third party to process all user payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts outstanding and due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by us, with or without prior notice to you, at any time.

Billing Errors

If you believe that you have been erroneously billed, please notify us immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed accepted and acceptable by you for all purposes, including without limitation resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss or damage resulting from any error or discrepancy that is not reported to us within thirty (30) days of its first publication.

Severability

If any provision of these Terms and Conditions, or any portion thereof, shall be held to be invalid, illegal, or unenforceable for any reason whatsoever then the validity, legality, and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby; and to the fullest extent legally possible, the provisions of these Terms and Conditions shall be construed so as to give effect to the intent of any provision held invalid, illegal, or unenforceable.

Jurisdiction/Disputes

This Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida in and for Broward County for resolution of all disputes. You agree that the exclusive venue for any and all conflicts arising out of these Terms and Conditions and/or your use of the Website or the Service will be in Broward County, Florida.

Other Jurisdictions

We make no claims that the Site or the Service may be lawfully viewed or accessed outside of the United States. Access to the Site and/or the Service may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you gain such access.

Termination by You

You hereby agree to be personally liable for any and all fees or charges you incur through the date of termination for the use of the Service. In the event that you cancel your account no refund will be granted and no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to terminate your account, you will no longer have access to the Service.

Termination by Us

Without limiting our other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service at any time, with or without advance notice, if: (a) we believe that you have breached any material term of these Terms and Conditions, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, other users of the Service, or us; or (e) we decide to cease operations or to otherwise discontinue any or all portions of the Service. Further, you agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to or use of the Service. You agree that if your account is terminated by us, you will not attempt to re-register without our prior written consent.

Effect of Termination

You agree that when you terminate your account, you will be automatically restricted from the Service, you will be unable to access your account. These Terms and Conditions shall survive the termination of your account.

Limitation of Liability

The Site and the Service act as a venue for employers to post job opportunities and candidates to post resumes and profiles. We do not screen or censor the listings, nor are we involved in the actual transaction between employers and candidates. Consequently, we have no control over user Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. Further, we make no representations about any jobs, resumes or user Content on the Site. We reserve the right to take any action with respect to user content that we deem necessary or appropriate in our sole discretion if we believes that such content could create liability for us, damage our public image, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; but we do not assume any obligation to do so, and we disclaim any liability for failing to take any such action.

Neither we nor our officers, employees, agents, associates, or attorneys are responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever that may arise out of or relate to your use of the Service, including, but not limited to, lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software, materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause. Any claim against us, regardless of the cause of action, shall be limited to US $100.00.

If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Lastly, we cannot guarantee and do not promise any specific results from your use of the Site or the Service.

Disclaimer of Warranties

THE SERVICE AND THE SITE ARE PROVIDED ON A “AS IS” BASIS AND USE OF SUCH SERVICE AND SITE IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE SERVICE OR THE SITE WILL MEET THE YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR, IN THE EVENT OF A DEFECT, THAT THE DEFECT WILL BE CORRECTED EITHER IN A TIMELY MANNER OR AT ALL. ADDITIONALLY, WE DO NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE ACCURATE OR NON-OBJECTIONABLE, WHETHER DUE TO AN ERROR ON OUR PART OR TO MISUSE ON THE PART OF ANY USER OF THE SERVICE OR THE SITE.

FINALLY, WE DO NOT WARRANT THAT THE SERVICE OR THE SITE WILL OPERATE IN THE COMBINATIONS THAT THE USER MAY DESIRE. NOR DO WE WARRANT THAT THE SERVICE OR THE SITE WILL BE COMPATIBLE WITH ALL USERS’ OPERATING SYSTEMS, INTERNET SERVICE PROVIDERS, BROWSERS OR OTHER APPLICATIONS ON THE USER’S COMPUTER.