Terms of Service

By using The Place For Promotions ("PfP")' services ("PfP Services"), you ("User") agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms"). The Terms of Service are deemed accepted by you each time that you use or access any PfP site or PfP services. If you do not accept the Terms stated here, do not use the PfP site and the PfP Services.

Eligibility

If under the age of 18 or the age of majority as that is defined in your jurisdiction, you must use the PfP site under the supervision of a parent, legal guardian, or other responsible adult. By visiting the PfP site or accepting these terms, you represent and warrant to PfP that you have reached the age of majority in your jurisdiction and that you have the right, authority, and capacity to agree and abide by these Terms. You also represent and warrant to PfP that you will use the PfP site in a manner consistent with any and all applicable laws and regulations.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

PfP Site Restrictions

Users may not use the PfP site in order to transmit, post, distribute, store or destroy material, including without limitation, content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of the PfP, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the PfP site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil and/or criminal liability. PfP will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all of our customers, PfP reserves the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended in PfP’s sole discretion from time to time.

Specific Prohibited Uses

PfP specifically prohibits the following: (a) posting jobs or content on the PfP site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (b) using the PfP site to sell or promote any products or services; (c) posting or submitting to the PfP site any incomplete, false or inaccurate biographical information or information which is not your own; (d) posting on the PfP site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front 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; (e) sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a User of any the PfP site; (f) taking any action that imposes an unreasonable or disproportionately large load on any the PfP site's infrastructure.

PfP does not necessarily monitor any materials posted, transmitted, or communicated to or within the PfP site. If you believe that something on the site violates these Terms please contact us at http://www.theplaceforpromotions.com/contact.

If notified by a User of content or other materials which allegedly do not conform to these Terms, PfP may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the content. PfP has no liability or responsibility to Users for performance or nonperformance of such activities.

Registration Information

When you register with the PfP site, you will be asked to create an account and provide PfP with certain information including, without limitation, a valid email address (your "Information").

You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from PfP, including resumes, profiles, photos, network contacts, saved events, and email mailing lists, will be marked as deleted in PfP's databases and will be removed from any public area of the PfP site. Information may continue to be available indefinitely.

User Content and Submissions

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through the PfP site ("User Content") is the sole responsibility of the person from which such User Content originated. PfP claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through PfP and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through PfP, you grant PfP a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant PfP a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting PfP services. PfP reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

You agree that this license includes the right for PfP to make such Content available to other companies, organizations or individuals who partner with PfP for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by PfP, or other companies, organizations or individuals who partner with PfP, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the PfP Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the PfP Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. PfP will not be responsible or liable for any use of your Content by PfP in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

PfP gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by PfP as part of the PfP Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the PfP Services as provided by PfP, in the manner permitted by these Terms.

You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has 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 User Content in any public area of the PfP site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the PfP site retains any and all rights that may exist in such User Content.

PfP acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, PfP may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the PfP site. PfP reserves the right to expel Users and prevent their further access to the PfP site and/or use of the PfP Services for violating the Terms or applicable laws, rules or regulations. PfP may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for PfP, damage PfP’s brand or public image, or cause PfP to lose (in whole or in part) the services of its ISPs or other suppliers.

PfP does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the PfP site. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of any group or individual;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
solicits passwords or personal identifying information from other Users.

Any profile or resume information you submit must describe you, an individual person, or a company that you represent. Examples of inappropriate and prohibited profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you.

In order to protect PfP Users from commercial advertising or solicitation, PfP reserves the right to restrict the number of e-mails which a User may send to other Users to a number which PfP deems appropriate in its sole discretion.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, PfP may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. PfP has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and the PfP site. Please be advised, however, that if you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of PfP. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. PfP shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Registration and Password

You are responsible for maintaining the confidentiality of your account, profile, and passwords, as applicable. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. PfP cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

PfP's Liability

The PfP site acts as a venue for employers to post job opportunities and candidates to post resumes and profiles and does not screen or censor the listings, including profiles offered. PfP is not involved in the actual transaction between employers and candidates. As a result, PfP has 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 and PfP makes no representations about any jobs, resumes or User Content on the PfP site. PfP may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for PfP, damage PfP’s brand or public image, or cause PfP to lose (in whole or in part) the services of its ISPs or other suppliers. While PfP reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the PfP site from time to time, PfP does not assume any obligation to do so and disclaims any liability for failing to take any such action.

PfP does not screen or censor the profiles or User Content on the PfP site. PfP is not involved in the actual communications between PfP Users. As a result, PfP has no control over the accuracy, reliability, completeness, or timeliness of the profiles or User Content submitted on the PfP site and makes no representations about any profile or User Content on the PfP site.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through the PfP site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the PfP site.

Because User authentication on the Internet is difficult, PfP cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the PfP site, in the event that you have a dispute with one or more Users, you release PfP (and our agents, licensors, and affiliates) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You 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."

The PfP site and its content may contain inaccuracies or typographical errors. PfP makes no representations about the accuracy, reliability, completeness, or timeliness of the PfP site or its content. The use of the PfP site and its content is at your own risk. Changes are periodically made to the PfP site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the PfP site. Employers are solely responsible for their postings on the PfP site. PfP is not to be considered to be an employer with respect to your use of the PfP site and PfP shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the PfP site.

PfP cannot guarantee and does not promise any specific results from use of the PfP site. No advice or information, whether oral or written, obtained by a User from PfP through or from the PfPite shall create any warranty not expressly stated herein.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The failure of PfP to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of theTerms of Service will be effective only if in writing and signed by PfP.

Disclaimer of Warranties

PfP disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the PfP search results. PfP disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. PfP disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the PfP Services.

THE PfP Services, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PfP SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PfP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PfP AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PfP SERVICES. PfP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PfP SERVICES. PfP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PfP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PfP SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PfP SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PfP SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PfP OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE PfP SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PfP OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PfP SERVICES, FROM INABILITY TO USE THE PfP SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PfP SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PfP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PfP SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PfP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PfP SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PfP SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PfP SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall PfP or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.