Terms of Use

LEGAL RESTRICTIONS AND DISCLAIMER.

PLEASE READ THESE TERMS OF USE CAREFULLY

This page states the Terms of Use ("Terms") under which you may use www.PeopleCurve.com ("PeopleCurve"), as an online website ("Site") service to conduct job interviews via webcams and to post and search for employment opportunities and for potential employees.  These Terms of Use include our Privacy Policy Statement which is incorporated into these Terms by reference.  Access to and use of the PeopleCurve web site is provided subject to these terms and conditions.  The site may not be used or accessed without the user's prior acceptance of these terms.  Use of this site constitutes an acceptance of these terms and conditions. If you do not accept these terms, you may not use the Site.  PeopleCurve maintains this site as a service providing a communication means between employers, job-seeking users, job candidates, staffing firms, recruiters, and headhunters.  PeopleCurve does not screen, censor or monitor the video interviews of the users.  You may download material displayed on the site for non-commercial personal use only provided you also retain all copyright and other proprietary notices contained on the materials.

Terms of Use

Please read the following terms and conditions of use carefully before using this site. By using this site, you signify your acceptance of these terms and conditions of use and your agreement to be bound by them. If you do not agree with all the terms and conditions contained herein, please do not use this website. We reserve the right, at our discretion and without prior notice, to change, modify, add, or remove portions of these terms and conditions at any time. Continued use of the website by you will constitute your acceptance of any changes or revisions, accordingly, please check this page regularly.

Your Agreement

This website is owned and operated by PeopleCurve and is made available to you for informational and communication purposes. By accessing or using this Site, you agree to these Terms of Use and to our Privacy Policy. If you do not agree to the Terms of Use and Privacy Policy, you may not use this Site.

Your Use of the Site

Unless otherwise specified, the Site is provided for the personal and noncommercial use of individuals seeking employment and for employers or recruiters seeking candidates for employment. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You may display and electronically copy, download and print hard copy portions of the material contained on the Site for your own noncommercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without the prior written permission of PeopleCurve, is prohibited. Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by PeopleCurve or its licensors. When you download these materials, they are provided to you by PeopleCurve under a license that is revocable. PeopleCurve retains full and complete title to the software and to all of the associated intellectual property rights. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans. Any material that you upload to the site, will be used in accordance with PeopleCurve's Privacy Policy Statement.

PROHIBITED USES

PeopleCurve specifically prohibits any use of the Site, and all users agree not to use the Site as follows:

1. Saving, copying or printing out personal information which can be used to identify a candidate for any reason other than potential employment.
2. Posting or transmitting, in any form, any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other form of solicitation or any non-resume information to user companies or other job seekers.
3. Posting any false or inaccurate personal information on your resume or elsewhere, including posting the resume of another person, that will be used for searching for potential employment.
4. Deleting or revising the personal or company information of any other person or entity.
5. Interfering with the proper working of the Site in any manner.
6. Accessing the Site by any other means than through the website interface provided by PeopleCurve.
7. Attempting to, or actually, decompiling or reverse engineering any of the software, including the video interviewing software, that is used on the Site.
8. Attempting to access the personal information or company listings posted on the Site by means other than that provided by PeopleCurve in its search engines.

TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS

The entire content of this website and each portion of this website, and the names, logos, service marks, trademarks, brand identities, characters, trade names, graphics, designs, copyrights, packaging, images of people or places, and all other intellectual property rights and indications, belong exclusively to PeopleCurve or are used by permission granted to PeopleCurve, and are protected by copyright, trademark and associated laws. Unless stated otherwise, you should assume that everything, including but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the site is protected by a copyright or trademark and may not be used except as provided in these terms and conditions or in text elsewhere on the website without the prior written permission of PeopleCurve. Any unauthorized use of PeopleCurve's intellectual property displayed on this website may violate copyright laws, trademark laws, the laws of privacy, publicity, and the like. You are advised that PeopleCurve will aggressively enforce its intellectual property rights to the fullest extent of the law.

Any material that you upload to the site, will be used in accordance with PeopleCurve's Privacy Policy Statement. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto the Site. Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, graphics or other information that you communicate to PeopleCurve through this Site will become the property of PeopleCurve, even if this agreement is later terminated. PeopleCurve and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials. PeopleCurve is under no obligation to monitor postings or transmissions to or about the website and is not responsible for or liable for the content of any information transmitted to this site, including but not limited to defamation, libel, slander, false advertising, antitrust or other trade violations, fraud, copyright violations, trademark violations, trade secret violations, invasion of privacy, falsehood, false pretenses, threats or harassment, errors and omissions, obscenity, pornography, profanity, scandalous or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. PeopleCurve will fully cooperate with any law enforcement authorities or court order requesting or directing PeopleCurve to disclose the identity of anyone posting any such information or materials.

Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER PEOPLECURVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE AND/OR ITS CONTENT IS LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR INJURY ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILTIY TO USE THE SITE AND/OR ITS CONTENT EVEN IF THERE IS NEGLIGENCE OR PEOPLECURVE OR AN AUTHORIZED PEOPLECURVE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.  PEOPLECURVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEOPLECURVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PEOPLECURVE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEOPLECURVE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT PEOPLECURVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. PEOPLECURVE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS ON THE WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH PeopleCurve. PEOPLECURVE ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE THIS SITE THAT MAY BE ACCESSED THROUGH ANY LINK OR HYPERTEXT. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL PEOPLECURVE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PEOPLECURVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT PROVIDING EMPLOYMENT ADVICE THROUGH THIS SITE, AND THE MATERIAL ON THE SITE SHOULD NOT BE REGARDED AS SUCH. IF YOU DECIDE TO USE ANY MATERIAL AVAILABLE ON THE SITE IN ASSESSING WHETHER TO HIRE A PERSON OR TO ACCEPT EMPLOYMENT, PLEASE BE AWARE THAT THE MATERIAL ON THE SITE IS FOR INFORMATIONAL AND COMMUNICATION PURPOSES ONLY. NOTHING ON THE SITE SHALL BE CONSIDERED AN ENDORSEMENT, REPRESENTATION OR WARRANTY WITH RESPECT TO ANY USER OR THIRD PARTY, WHETHER IN REGARDS TO ITS WEB SITE, PRODUCTS, SERVICES, HIRING, EXPERIENCE, EMPLOYMENT OR RECRUITING PRACTICES, OR OTHERWISE. IN NO EVENT SHALL PEOPLECURVE BE LIABLE FOR ANY VIOLATION OF NON-DISCRIMINATION LAWS BY AN EMPLOYER. PEOPLECURVE IS NOT LIABLE FOR ANY ACTIONS EITHER PRE-EMPLOYMENT, DURING EMPLOYMENT, OR POST-EMPLOYMENT OF ANY THIRD-PARTY EMPLOYER THAT USES THIS SITE.

Indemnification

You agree to indemnify, defend, and hold harmless PeopleCurve, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to your Internet account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account. Employers or recruiters agree to abide by all Federal, State and local laws regarding employees and candidates including but not limited to The Occupational Safety and Health (OSHA) Act, The Fair Labor Standards Act (FLSA), The Longshore and Harbor Workers' Compensation Act (LHWCA), The Employee Retirement Income Security Act (ERISA), Title VIC of the Civil Rights Act of 1964, the Equal Pay Act of 1963 (EPA), the Age Discrimination in Employment act of 1967 (ADEA), Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and the Civil Rights Act of 1991. The Employer or Recruiter agrees to indemnify and hold PeopleCurve harmless in the event that a Candidate sues the Employer or Recruiter for a violation of any Federal, State or Local employment law. The Employer or Recruiter agrees to pay all of PeopleCurve's Attorney Fees and court costs as they are incurred including any retainer fees as well as pay for any damage award obtained by any Candidate against PeopleCurve as a result of his or her Employment relationship with the Employer, or Service relationship with the Recruiter.

Links to Other Sites

This Site may provide access to other websites. PeopleCurve does not control these sites, and you access them solely at your own risk. PeopleCurve also does not endorse or approve any services, products or information offered at sites you reach through this Site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the PeopleCurve site or have moved to another website.  PeopleCurve has not reviewed all of the sites linked to the website and is not responsible for the content of any off-site pages or links to any other websites.  Viewing all other websites is at your own risk.

Jurisdiction

PeopleCurve controls and operates this Site from the company's headquarters in California, in the United States of America.  We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States.  If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws.  You may not use or export the materials on the Site in violation of U.S. export laws and regulations.  Any claim relating to the website or your use of it shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in San Diego County, California.

MODIFICATION OF THE WEBSITE AND THESE TERMS OF USE

By providing material on this Site, PeopleCurve does not promise that the materials will remain available to you. PeopleCurve is entitled to terminate all or any portion of this Site at any time, without notice to you. PeopleCurve also reserves the right to change the terms, conditions, and notices under which this Site is offered, and your use of the Site following any such changes shall be deemed to constitute your consent to such modified Terms of Use. You agree to regularly review these Terms of Use to verify whether they have been changed.

TERMINATION OF THIS AGREEMENT

This agreement is effective until terminated by either party. You may terminate the agreement at any time, by destroying all materials obtained from this Site, along with all related documentation and all copies and installations. PeopleCurve may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Employers or recruiters agree that PeopleCurve may terminate your account contents in the event that it is notified that your Company's employment practices violate any Federal, State or Local law. If you become dissatisfied in any way with this website or its terms and conditions, your sole and exclusive remedy is to stop using this website and its services.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and PeopleCurve regarding all aspects of your use of this Site.

Updated February 24, 2009