TERMS OF USE AGREEMENT

Terms of Use Agreement

By accessing this Stable Talent Site, the User agrees to the following Terms of Use (“Terms”). A User is defined as any individual or entity that accesses the Stable Talent Site for any purpose. These Terms constitute a binding agreement between User and Stable Talent, Inc. If User does not accept the Terms stated here, do not use the Stable Talent Site.

The Stable Talent Site is defined as any Web site, whether partial or otherwise under the control of Stable Talent. This includes any on-line service to post and search employment opportunities through Stable Talent and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows User to access such applications. In addition, Stable Talent may collect information about User from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.

Stable Talent may revise these Terms at any time by posting an updated version to this Web page.

Users who violate these Terms may have their access and use of the Stable Talent website suspended or terminated, at Stable Talent’s discretion.

You must be 16 years of age or older to visit or use any Stable Talent Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use the Stable Talent Site under the supervision of a parent, legal guardian, or other responsible adult.

 

User may not use the Stable Talent Content or Information to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.

1. Rules governing use of Content.

Stable Talent authorizes User, subject to these Terms, to access and use the Stable Talent Site and Content and to download and print copy of the Content available on or from the Stable Talent Site solely for User’s personal use. Content is defined as any and all information contained or otherwise visible on the Stable Talent Site that was created and placed on the site by Stable Talent. The contents of the Stable Talent Website, such as designs, text, graphics, images, information, logos, software, and other content are protected under copyright, trademark and other laws. All Stable Talent Content is the property of Stable Talent or its licensors. The collection of all Content on the Stable Talent Site is the exclusive property of Stable Talent, Inc and is protected by copyright, trademark, and other laws. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. User must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Content on any authorized copy User makes of the Content.

Any code that Stable Talent or its representatives creates to generate or display any Content pages making up any Stable Talent Site is also protected by Stable Talent’s copyright and User may not copy or adapt such code.

You agree not to sell or modify the Content or reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose, in any manner that is likely to cause confusion among consumers, that disparages or discredits Stable Talent or its licensors, that dilutes the strength of Stable Talent property, or that otherwise infringes Stable Talent, Inc. intellectual property rights. User further agree to in no way misuse Content. The use of the Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that Stable Talent, Inc or its representatives creates to generate or display any Content or the pages making up any Application or Service is also protected by copyright and User may not copy or adapt such code.

2. Rules governing use of services.

The job posting and other services of Stable Talent may be used only by individuals seeking employment and by clients seeking employees. The User is responsible for maintaining the accuracy and confidentiality of the User’s account, profile and passwords, as applicable. The User may not share his or her password or other account access information with any other party, and the User shall be responsible for all uses of the User’s registrations and passwords, whether or not authorized by the User. The User agrees to immediately notify Stable Talent of any unauthorized use of his or her account, profile, or passwords.

User further agrees not to transmit, post, distribute, store or destroy material in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of privacy policy.

User agrees not to use any device to navigate or search the Stable Talent Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Stable Talent;

User agrees not to use any data mining, robots or similar data gathering or extraction methods

User agrees not violate or attempt to violate the security of the Stable Talent Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

User agrees not to use packet header or any part of the header information in any e-mail or newsgroup posting.

User agrees not to reverse engineer or decompile any parts of the Stable Talent Site.

User agrees to not copy or duplicate in any manner any of the Content or information available from the Stable Talent Site, including expired job postings, other than as permitted by these Terms.

User agrees not to frame or link to any Content or information available from any Stable Talent Site, unless permitted by these Terms.

User agrees not to post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media.

User agrees to not post any resume or Profile or apply for any job on behalf of another party.

User agrees to not defer any contact from an employer to any other third party.

User agrees to not share with a third party any login credentials to the Stable Talent Site.

User agrees to not access data not intended for User or logging into a server or account which User is not authorized to access.

User agrees to not post or submit to the Stable Talent Site any incomplete, false or inaccurate biographical information or information which does not belong to User.

User agrees not to not post content that contains restricted or password-only access pages, or hidden pages or images.

User agrees to not solicit passwords or personally identifiable information from other Users.

User agrees to not delete or alter any material posted by any other person or entity.

User agrees not to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any other User, or contact any users that have specifically requested not to be contacted by User.

User agrees to not attempt to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the Stable Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing.”

User agrees not to promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by 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.

User agrees not to use the Stable Talent Site or Content for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Stable Talent.

Violations of system or network security may result in civil and/or criminal liability. Stable Talent will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting a User or Users who are involved in such violations.

3. Additional Terms Applicable to Employers.

Employers are solely responsible for their postings on Stable Talent. Employer is defined as any User who accesses the Stable Talent Site for the purpose of hiring another individual or entity. Stable Talent is not an employer with respect to any User of the Stable Talent Site and Stable Talent shall not be responsible for any employment decisions, for whatever reason, made by any individual or entity posting jobs on the Stable Talent Site.

By accessing the Stable Talent Site, the Employer acknowledges that if it cancels its employer account or the employer account is terminated, all of the Employer’s account information from Stable Talent, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Stable Talent’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Stable Talent’s web servers.

In order to protect our Users from commercial advertising or solicitation, Stable Talent reserves the right to restrict the number of e-mails which an Employer may send to Users to a number which Stable Talent deems appropriate in its sole discretion. The Employer agrees not to use the Stable Talent Profiles in accordance with all applicable privacy and data protection laws.

A Job Posting is defined as any information posted on the Stable Talent Site by an Employer. A Job Posting may not contain:

any hyperlinks, other than those specifically authorized by Stable Talent;

misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Stable Talent’s discretion;

the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Stable Talent;

the names of colleges, cities, states, towns or countries that are unrelated to the posting;

more than one job or job description, more than one location, or more than one job category, unless the product so allows;

inaccurate, false, or misleading information; and

material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

An Employer may not use a Job Posting or profile to:

post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;

post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;

with respect to profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.

(e)post jobs or other advertisements for competitors of Monster or post jobs or other content that contains links to any site competitive with Monster;

sell, promote or advertise products or services;

(g) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;

post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;

promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;

post jobs on Stable Talent for modeling, acting, talent or entertainment agencies or talent scouting positions;

advertise sexual services or seek employees for jobs of a sexual nature;

request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;

endorse a particular political party, political agenda, political position or issue;

promote a particular religion;

post jobs located in countries subject to economic sanctions of the United States Government; and

except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

Stable Talent reserves the right to remove any job posting or content, which in the reasonable exercise of Stable Talent’s discretion, does not comply with the above Terms, or if any content is posted that Stable Talent believes is not in the best interest of Stable Talent.

If at any time during Your use of the Services, You made a misrepresentation of fact to Stable Talent or otherwise misled Stable Talent in regards to the nature of Your business activities, Stable Talent will have grounds to terminate Your use of the Stable Talent Services.

4. Additional terms applicable to Job Seekers.

A Job Seeker is any User who accesses the Stable Talent Site for the purpose of seeking employment. When a Job Seeker registers with Stable Talent, the Job Seeker will be asked to create an account and provide Stable Talent with certain information including, without limitation, a valid email address. This information constitutes a Profile. The Job Seeker expressly agrees that the Profile must be accurate in every possible respect. The Profile requires standard fields to be completed by the Job Seeker and may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting the Job Seeker other than his or her last name and URLs.

The Job Seeker acknowledge and agree that the Job Seeker is solely responsible for the form, content and accuracy of any resume or material placed on the Stable Talent Site by the Job Seeker.

Stable Talent reserves the right to offer third party services and products to Job Seekers based on the preferences that the Job Seeker identifies in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by Stable Talent or by third parties. Please see Privacy Policy, for further details regarding Information.

Job Seeker understands and acknowledges that her or she has no ownership rights in his account or Profile and that if Job Seeker cancels his or her account or has his or her account terminated, the account and Profile information including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Stable Talent’s databases and 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 Stable Talent’s web servers. In addition, third parties may retain saved copies of The Job Seeker’s information.

Stable Talent reserves the right to delete the Job Seeker’s account and all of the information place on the Stable Talent Site after a significant duration of inactivity.

5. Submissions.

The User expressly agrees that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by User on or through the Stable Talent Site (“Submission(s)” or “User Submission(s)”) is the sole responsibility of the person from which such Submission originated. Stable Talent claims no ownership or control over any Submission. The User or any third party licensor, as appropriate, retains all patent, trademark and copyright to any User Submission, post or display on or through Stable Talent and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Submission on or through Stable Talent, you grant Stable Talent a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Submission through Stable Talent. In addition, by submitting, posting or displaying User Submission which is intended to be available to the general public, you grant Stable Talent a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Submission for the purpose of promoting Stable Talent and its services. Stable Talent will discontinue this licensed use within a commercially reasonable period after such User Submission is removed from Stable Talent. Stable Talent reserves the right to refuse to accept, post, display or transmit any User Submission in its sole discretion.

The User also represents and warrants that the User has the right to grant, or that the holder of any rights, including moral rights in such Submission has completely and effectively waived all such rights and validly and irrevocably granted to the User the right to grant, the license stated above. If the User posts User Submissions in any public area of the Stable Talent Site, the User also permit any User to access, display, view, store and reproduce such User Submissions for personal use. Subject to the foregoing, the owner of such User Submissions placed on the Stable Talent Site retains any and all rights that may exist in such User Submission. Stable Talent may review and remove any User Submission 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 Stable Talent Site. Stable Talent reserves the right to expel Users and prevent their further access to the Stable Talent Sites and/or use of Services for violating the Terms or applicable laws, rules or regulations. Stable Talent may take any action with respect to User Submission that it deems necessary or appropriate in its sole discretion if it believes that such User Submission could create liability for Stable Talent, damage Stable Talent’s brand or public image, or cause Stable Talent to lose Users or (in whole or in part) the services of its ISPs or other suppliers.

Stable Talent does not represent or guarantee the truthfulness, accuracy, or reliability of User Submissions, derivative works from User Submissions, or any other communications posted by Users nor does Stable Talent endorse any opinions expressed by Users. The User acknowledges that any reliance on material posted by other Users will be at the User’s own risk.

The following is a partial list of User Submissions that are prohibited. The list below is for illustration only and is not a complete list of all prohibited User Submissions.

A Submission that:

  1. is implicitly or explicitly offensive, such as words that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  2. harasses, incites harassment or advocates harassment of any group or individual;
  3. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
  4. promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  5. 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;
  6. contains restricted or password only access pages, or hidden pages or images;
  7. displays or links to pornographic, indecent or sexually explicit material of any kind;
  8. 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
  9. 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
  10. solicits passwords or personal identifying information from other Users.

Any Profile that a User submit must describe the User as an individual person. 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 User.

You may not include, in any User Submission to Stable Talent information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Users from commercial advertising or solicitation, Stable Talent reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Stable Talent deems appropriate in its sole discretion.

Profiles derived from User Content may also be made available through the Stable Talent Site. Stable Talent does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.

6. Termination

Stable Talent reserves the right to terminate a User’s ability to use this site at any time and for any reason.

7. Disclaimer of Warranty.

TO THE FULLEST EXTENT POSSIBLE BY LAW, STABLE TALENT DOES NOT WARRANT THAT THE STABLE TALENT SIte WILL OPERATE ERROR-FREE OR THAT THE STABLE TALENT SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE STABLE TALENT SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, STABLE TALENT IS NOT RESPONSIBLE FOR THOSE COSTS. THE STABLE TALENT SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. STABLE TALENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. STABLE tALENT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

8. Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL STABLE TALENT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY STABLE TALENT SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE STABLE TALENT SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STABLE TALENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Limitation of Liability.

TO THE FULLEST EXTENT POSSIBLE BY LAW, STABLE TALENT’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE STABLE TALENT SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

10. Links to Other Sites.

Stable Talent contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Stable Talent of the contents on such third-party Web sites. Stable Talent is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.

11. Unauthorized Commercial Use.

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Stable Talent Site.

12. Indemnity.

The User agrees to defend, indemnify, and hold harmless Stable Talent, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Submissions or other material User provides to Stable Talent, (ii) User’s use of any Content, or (iii) User’s breach of these Terms.

13. Mobile Services.

If User uses Stable Talent through a mobile device, User agrees that information about User’s use of the Site through the User’s mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of Stable Talent through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Site using a mobile device, User represent that to the extent You import any of Your Stable Talent data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Site through Your mobile access provider. Therefore, You should check with Your provider to find out if Stable Talent is available and the terms for these services for Your specific mobile devices.

By using any downloadable application to enable Your use of Stable Talent, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.