HIRE THE WORLD ENTERPRISES INC. TERMS OF SERVICE
Last Updated as of December 6th, 2012
- By using the Site, or the information, tools, features and functionality located on the Site, you are bound by these Terms of Service, whether you are (a) an Employer, (b) a Designer, or (c) a user or a viewer of the Site (a “User”). The term “you” refers to an Employer, Designer or User, as applicable. The term “we” or “us” refers to HTW.
- HTW may, in its sole discretion, modify these Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the Site. In addition, these Terms of Service will always indicate the date it was last revised. You are deemed to accept and hereby agree to be bound by any changes to these Terms of Service when you use the Site after those changes are posted.
- In order to access the Services as an Employer or a Designer, you must create a HTW user account by providing a user name, password, and valid email address. You may only maintain one user account. You must provide complete and accurate registration information to HTW and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to these Terms of Service. If you are a business, government, or non-profit entity, you must use the actual name of your organization.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HTW immediately of any breach of security or unauthorized use of your account.
- Although HTW will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HTW or others due to such unauthorized use.
- If you wish to cease using your account, HTW will hide your profile from access by the public or anyone (other than HTW) accessing the Service.
- HTW reserves the right to discontinue any aspect of the Services at any time without prior notice to you.
Use of the Services: Accurate records enable HTW to provide the Services to you. As a condition of your use of the Services, you represent, warrant and covenant that:
- you are at least the legal age in your jurisdiction of residency to enter into a binding agreement;
- you represent that you have the capacity to be bound by these Terms of Service or if you are acting on behalf of a company or entity that you have the authority to bind such entity;
- you will use the Services only in strict accordance with these Terms of Service;
- you will only use the Services for yourself or for other persons for whom you are legally authorized to act; including, but not limited to, providing personal information about other persons;
- you will inform such other persons about the terms and conditions that apply to the notifications you have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by you is true, accurate, current and complete;
- you will safeguard your user account information and will supervise and be completely and solely responsible for any use of your account by you or anyone other than you; and
- we have the right, at our sole discretion, to deny anyone access to the Services at any time and for any reason, including, but not limited to, for a violation of these Terms of Service.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that HTW, in its sole discretion, may elect to take. We do not guarantee access to or use of the Services.
Permissions and Restrictions:
- You may not use the Services to infringe any third party’s privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights or any other rights of any person or in any defamatory manner. HTW does not permit intellectual property infringing activities and infringement of intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, trademark rights, industrial designs, trade secrets or similar rights recognized at law (“Intellectual Property Right”) whether or not such rights are registered or able to be registered on the Services, and HTW will remove all content which infringes or that HTW suspects may infringe the Intellectual Property Rights of another person.
- You agree not to use or launch any automated system, including without limitation any “robot” or “spider” that accesses the Services. You agree not to collect or harvest any personally identifiable information of any other person through the Services.
- You may not interfere with, or attempt to interfere with, the Services or the networks or services connected to the Services, whether through the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit.
- You must use the Services in a manner consistent with any and all applicable laws and regulations. HTW reserves the right to investigate and take appropriate legal action against anyone who, in HTW’s sole discretion, violates this provision, including without limitation, removing a Design Brief or Design from the Services, and terminating the account of such violators.
Prohibited Content: HTW reserves the right to remove any content for any reason whatsoever. Specifically, the prohibited conduct listed below will be immediately deleted and the IP address of the uploader may be reported to law enforcement authorities. Prohibited content includes but is not limited to any content that:
- is patently offensive, exploitative, criminal, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person, or promotes illicit or criminal activity;
- solicits personal information from anyone under the age of 15;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, or spamming; or
- infringes the Intellectual Property Right of another person or which HTW suspects may infringe the Intellectual Property Rights of another person.
Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any Design or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing HTW’s Copyright Compliance Officer with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification 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;
- identification 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 the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HTW's designated contact to receive notifications of claimed infringement is the Chief Executive Officer at 320 – 887 Great Northern Way, Vancouver, British Columbia, V5T 4T5. For clarity, only DMCA notices should go to the Copyright Compliance Officer. Any other feedback, comments, requests for technical support, and other communications should be directed to HTW’s customer service department at [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Design that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Design, you may send a counter-notice containing the following information to HTW’s Copyright Compliance Officer:
- your physical or electronic signature;
- identification of the design that has been removed or to which access has been disabled and the location at which the design appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the design was removed or disabled as a result of mistake or a misidentification of the design; and
- your name, address and telephone number (and, if available, e-mail address) and a statement that you consent to the jurisdiction of the courts in the Province of British Columbia, Canada, or if your address is located outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by HTW’s Copyright Compliance Officer, HTW may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed design or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the design provider, member or user, the removed design may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at HTW's sole discretion.
Disclaimer: YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HTW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. HTW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY SITES, PAGES OR SERVICES LINKED TO OR THROUGH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, OR (VI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Limitation of Warranty: HTW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY AN EMPLOYER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICE OR WEBSITE FEATURED IN ANY DESIGN BRIEF, BANNER, SPONSOR MESSAGE OR OTHER ADVERTISING. HTW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability:
- In no event shall HTW and its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential damages or loss of profits whatsoever resulting from your use of or access to the Services, including without limitation resulting from (i) any errors, mistakes, inaccuracies or omissions in the Services, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services or any content, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Services by any third party, (vi) any intellectual property infringement (including, without limitation, intellectual property infringement of a third party Designer or a User), and/or (vii) any errors, mistakes, inaccuracies or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, misrepresentation or any other legal theory, and whether or not HTW is or has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HTW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, EXCEED THE EMPLOYER PAYMENT PAID TO HTW FOR ANY SERVICES OBTAINED THROUGH THE SITE.
- You specifically acknowledge that HTW shall not be liable in any way for any content including but not limited to any errors or omissions or the defamatory, offensive, or illegal conduct of any Employer, Designer or User and that the risk of harm or damage from the foregoing rests entirely with you. HTW does not control the content posted and does not guarantee the accuracy or integrity of such content.
Indemnity: You agree to defend, indemnify and hold harmless HTW and its respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of or access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your designs caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Services.
Account Termination Policy:
- HTW may ban an Employer, Designer or User from accessing the Services and/or terminate a user's account and/or access to the Services if, under appropriate circumstances, they are determined by HTW to be a repeat infringer of these Terms of Service. In addition, HTW may, at any time, immediately suspend or cease providing the Services to you for any reason in HTW’s sole discretion.
- HTW reserves the right to decide whether the content of a Design Brief or a Design is appropriate and complies with these Terms of Service. HTW may remove such Design Brief or Design and/or terminate a User's account and/or access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Ending your Relationship with HTW and Closing your User Account: These Terms of Service will continue to apply until terminated by either you or HTW. If you want to terminate your use of the Services and/or close your user account, you may do so by notifying HTW at [email protected]
General: If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and HTW's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by HTW without restriction.