uBoast.com Privacy
Policy and Terms of Use, Effective: May 29th, 2008
Privacy Policy
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy
we provide this notice explaining our online information practices
and the choices you can make about the way your information is
collected and used. To make this notice easy to find, we make
it available at the bottom of every page on our website.
The Information We Collect
This notice applies to all information collected or submitted
on uBoast.com. On certain page, you are able to submit personal
information. The types of personal information collected at these
pages are:
- Name and contact information
- Work and educational history
- Skill-set information
- User-created documents
The Way We Use Information
We use the information you provide about yourself in the following
ways:
-
Render and make available for display your
vésumé pursuant to privacy settings
-
Possible inclusion in member networking functionality
pursuant to privacy settings
-
Search engine optimization of your name pursuant
to privacy settings
Furthermore, we use non-identifying and aggregate information
to better design our website and to share with advertisers. For
example, we may tell an advertiser that X number of individuals
visited a certain area on our website, or that Y number of men
and Z number of women filled out our registration form, but we
would not disclose anything that could be used to identify those
individuals.
Finally, we never use or share the personally identifiable information
provided to us online in ways unrelated to the ones described
above without also providing you an opportunity to opt-out or
otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure
the correct use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and
secure the information we collect online.
Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important.
For that reason, we never collect or maintain information at our
website from those we actually know are under 13, and no part
of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that
we collect online and maintain by logging into your account at
http://uboast.com. You can correct factual errors in your personally
identifiable information by sending us a request that credibly
shows error. To protect your privacy and security, we will also
take reasonable steps to verify your identity before granting
access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy
policies, please call us at (703) 402-7714 or send us an email
at Vesume@uBoast.com.
Terms of Use
The
uBoast.com service and network (collectively, "uBoast.com" or
"the Service") are operated by uBoast.com, LLC (collectively,
"us", "we" or "the Company"). By accessing or
using our web site at www.uBoast.com or the mobile version at m.uBoast.com
(together the "Site"), you (the "User") signify that you
have read, understand and agree to be bound by these Terms of Use ("Terms
of Use" or "Agreement"), whether or not you are a registered
member of uBoast.com. 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. 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, do not use or access (or
continue to use or access) the Site. It is your responsibility to determine if
there have been changes to these Terms of Use and to review such changes.
PLEASE
READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW
DISPUTES WILL BE RESOLVED.
Eligibility
Membership
in the Site and/or Service is void where prohibited. This Site is intended
solely for users who are thirteen (13) years of age or older. Any registration
by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed
and in violation of these Terms of Use. By using the Service or the Site, you
represent and warrant that you are 13 or older, and that you agree to and to
abide by all of the terms and conditions of this Agreement.
Registration
Data; Account Security
In
consideration of your use of the Site, you agree to (a) provide accurate,
current and complete information about you as may be prompted by any
registration forms on the Site ("Registration Data"); (b) maintain
the security of your password and identification; (c) maintain and promptly
update the Registration Data, and any other information you provide to Company,
to keep it accurate, current and complete; and (d) be fully responsible for all
use of your account and for any actions that take place using your account.
Proprietary
Rights in Site Content; Limited License
All
content on the Site and available through the Service, including designs, text,
graphics, pictures, information, applications, software, and other files, and
their selection and arrangement (the "Site Content"), are the
proprietary property of the Company with all rights reserved. No Site 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.
Provided that you are eligible for use of the Site, you are granted a limited
license to access and use the Site and the Site Content and to download or
print a copy of any portion of the Site Content to which you have properly
gained access solely for your personal, non-commercial use. You may not upload
or republish Site Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation, and any other
use of the Site Content is strictly prohibited. Such license is subject to
these Terms of Use and does not include use of any data mining, robots or
similar data gathering or extraction methods. Any use of the Site or the Site
Content other than as specifically authorized herein, without the prior written
permission of Company, is strictly prohibited and will terminate the license
granted herein. This license is revocable at any time without notice and with
or without cause.
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 or otherwise posted, transmitted, or
shared by you on or through the Service 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.
In
addition, you agree not to use the Service or the Site to:
* collect email addresses
or other contact information of other users from the Service or the Site by
electronic or other means;
* use the Service or the
Site in any unlawful manner or in any other manner that could damage, disable,
overburden or impair the Site;
* post, store or otherwise
make available any content that we deem to be harmful, threatening, unlawful,
defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable;
* register for more than
one User account;
* impersonate any person or
entity, or falsely state or otherwise misrepresent yourself, your age or your
affiliation with any person or entity;
* use the Service and the
Site to offer "junk mail," "spam," "pyramid
schemes," or any other form of solicitation;
* solicit personal
information from anyone under 18 or solicit passwords;
* upload, transmit, or
otherwise make available any material that contains software viruses 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;
* harass another;
* upload, transmit, store
or otherwise make available content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party, or that
would otherwise create liability or violate any local, state, national or
international law;
* use the Service or the
Site in a manner, at the sole judgment of the Company, which may expose Company
or its users to any harm or liability of any type.
User
Disputes
You
are solely responsible for your interactions with other uBoast.com users. We
reserve the right, but have no obligation, to monitor disputes between you and
other users.
Privacy
By
using the Site or the Service, you are consenting to have your personal data
transferred to and processed in the United States.
Disclaimers
The
Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company 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
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof, including
injury or damage to User's or to any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service,
including any Mobile Client software. Under no circumstances will the Company
be responsible for any loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from anyone's use of the Site or
the Service, any User Content or Third Party Applications, Software or 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.
THE
SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES) ARE PROVIDED
"AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING 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 SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT
SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING
OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE
TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR
SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The
Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services offered through the Site
at any time without notice. Reference to any products, services, processes or
other information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Company.
Limitation
on Liability
IN
NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS 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, EVEN IF THE COMPANY IS AWARE OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING
THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU
EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE
SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE
PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM
COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
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.
Termination
The Company may terminate your membership, delete your
profile and any content or information that you have posted on the Site and/or
prohibit you from using or accessing the Service or the Site for any reason, or
no reason, at any time in its sole discretion, with or without notice,
including if it believes that you are under 13.
Governing
Law; Venue and Jurisdiction
By
visiting or using the Site and/or the Service, you agree that the laws of the
Commonwealth of Virginia, without regard to principles of conflict of laws,
will govern these Terms of Use and any dispute of any sort that might arise
between you and the Company or any of our affiliates. With respect to any
disputes or claims not subject to arbitration (as set forth below), you agree
not to commence or prosecute any action in connection therewith other than in
the state and federal courts of Virginia, and you hereby consent to, and waive
all defenses of lack of personal jurisdiction and forum non conveniens with
respect to, venue and jurisdiction in the state and federal courts of Virginia.
Arbitration
YOU
AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL
DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF
USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE
AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION.
Arbitration
under this Agreement shall be conducted by the American Arbitration Association
(the "AAA") under its Commercial Arbitration Rules and, in the case
of consumer disputes, the AAA's Supplementary Procedures for Consumer Related
Disputes ( the "AAA Consumer Rules") (collectively the "AAA
Rules"). The location of the arbitration and the allocation of costs and
fees for such arbitration shall be determined in accordance with such AAA Rules
and shall be subject to the limitations provided for in the AAA Consumer Rules
(for consumer disputes). If such costs are determined to be excessive in a
consumer dispute, the Company will be responsible for paying all arbitration
fees and arbitrator compensation in excess of what is deemed reasonable. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction.
To
the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE
SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event
shall any claim, action or proceeding by you related in any way to the Site
and/or the Service (including your visit to or use of the Site and/or the
Service) be instituted more than three (3) years after the cause of action
arose.
Indemnity
You
agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney's fees, arising out of or in
connection with your use of the Service or the Site, your conduct in connection
with the Service or the Site or with other users of the Service or the Site, or
any violation of this Agreement or of any law or the rights of any third party.
Submissions
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Site or the Service
("Submissions"), provided by you to Company are non-confidential and
shall become the sole property of Company. Company shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Definitions
and Constructions
Unless
otherwise specified, the terms "includes", "including",
"e.g.,", "for example", and other similar terms are deemed
to include the term "without limitation" immediately thereafter.
Terms used in these Terms with the initial letter(s) capitalized will have the
meaning attributed to them in these Terms.
Other
These
Terms of Use constitute the entire agreement between you and Company regarding
the use of the Site and/or the Service, superseding any prior agreements
between you and Company relating to your use of the Site or the Service. The
failure of Company 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. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. If any
provision of these Terms of Use shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these
Terms of Use and shall not affect the validity and enforceability of any
remaining provisions.