Terms of Service
Effective Date: 10.8.12
Terms of Service
The following Terms of Service (“Terms”) document details the legal terms and conditions that govern your use of services provided to you by HIRENETWORKS, including content services (“Content”, such as text, images, graphics, data or other materials), and products and services (“Service or Services”) provided through bumpy-attempt.flywheelsites.com, including all elements, software, programs and code comprising or incorporated in to bumpy-attempt.flywheelsites.com.
These Services are provided and operated by HIRENETWORKS, HIRENETWORKS is also referred to in these Terms as “we”, “our”, and “us”.
By using our Service, you agree to be bound by Section A of these Terms (“General Terms”). The General Terms contain provisions that are applicable to all users of our Service, including visitors to the HIRENETWORKS website and/or affiliated sites (the “Sites”). If you choose to register as a Member of our Service, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section B (“Additional Terms”).
Section A: General Terms
All brand, product and service names used in this Service which identify HIRENETWORKS or third parties and their products and services are proprietary marks of HIRENETWORKS and/or the third parties. Nothing in this Service shall be deemed to confer on any person or entity any license or right on the part of HIRENETWORKS or any third party with respect to any such name, image, logo or brand.
HIRENETWORKS is, unless otherwise indicated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to the Sites, articles, papers or other copyrightable content are either the copyright owners of the of that work and its component parts, or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of HIRENETWORKS or the respective owner of copyright in such works. HIRENETWORKS does not claim ownership rights in your works or other materials posted by you (“Your Content”) to the Sites. You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functionality available via the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functionality of the Service provided by us.
4. Copyright Violations
At HIRENETWORKS’s discretion and/or in appropriate situation, as in the case of reported copyright violations, HIRENETWORKS may remove Your Content uploaded to the Site, or any portion thereof, including calls for entry to HIRENETWORKS competitive events or exhibitions, terminate the accounts of users or prevent access to the Site by users who may be infringing on other’s intellectual property rights.
See the HIRENETWORKS Copyright Policy document for details regarding how to file a notification of alleged copyright infringement and how to file a counter-notification.
5. Third Party Software and/or Services
HIRENETWORKS sites are optimized for current browsers and media players, and other types of third party software. At any time, as a convenience to HIRENETWORKS or to the Site user or Member, we may make third-party software available through the Service. This may include, but is not limited to: links to updated browsers, Flash players, PDF readers; text editors or cloud-based software tools, including mobile apps. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall HIRENETWORKS be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded or used by you through the Service.
6. External Links
HIRENETWORKS or user-created content on the site may provide links to third-party websites and/or resources. You acknowledge and agree that HIRENETWORKS is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Such links to other websites or resources do not imply any endorsement by HIRENETWORKS of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your linking to, or use of any such websites or resources.
This Service is provided by HIRENETWORKS on an “AS IS” and “AS AVAILABLE” basis and HIRENETWORKS reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that HIRENETWORKS is and will not be liable to you or any parties related to you or your information, data or content, for any modification, suspension or discontinuance of the Service.
You agree that you shall not interfere with or disrupt (or attempt to disrupt or in any way interfere with) this Service or any parts of it’s functionality, or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to HIRENETWORKS that is false or misleading, that you do not have the right to disclose or that attempts to hide or mask your identity. HIRENETWORKS does not endorse any content placed on the Service by you, by third parties, or any opinions or advice contained in such Content. You agree to defend, indemnify, and hold harmless HIRENETWORKS, its Members, Site Members, officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
HIRENETWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. HIRENETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITYAND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. HIRENETWORKS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT HIRENETWORKS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, HIRENETWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF HIRENETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL HIRENETWORKS’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO HIRENETWORKS PURSUANT TO THIS AGREEMENT.
10. Amendment of Terms
We reserve the right to amend these Terms from time to time, for any reason, at our sole discretion. If you have registered as a Site Member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to HIRENETWORKS for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between HIRENETWORKS and you with respect to your use of the Service. HIRENETWORKS’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable. HIRENETWORKS shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of HIRENETWORKS. These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of North Carolina.
12. Comments or Questions
If you have any comments or questions about the Service please contact us by email at email@example.com
Section B: Additional Terms
13. HIRENETWORKS Site Conduct Policy
You agree not to use the Service:
for any unlawful purpose(s); to upload, post, or otherwise transmit any material that is obscene, offensive, pornographic, threatening, abusive, condoning or containing hate speech, aiding any form of terrorist activity or terrorist organization, harmful, an invasion of privacy rights, any form of online stalking, defamatory, libelous, vulgar, or otherwise illegal or objectionable;
to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, HIRENETWORKS or to facilitate the unlawful distribution of copyrighted content or illegal content;
to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
to upload, post, or otherwise transmit any material which is likely to cause harm to HIRENETWORKS or anyone else’s computer systems, including but not limited to that which contains any virus, worm, trojan horse, code, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
for any commercial purpose, except as expressly permitted under these Terms;
to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from HIRENETWORKS by hyperlink and not to compete with HIRENETWORKS.
14. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than HIRENETWORKS. Commercial activities with respect to the arts, (including, but not limited to, posting promotional material for an art-related exhibition, fundraiser or art opening), are permitted for registered Members acting as individuals, for small corporations or partnerships engaged primarily in art-related or business activities in which one or more of the principals is a registered Site Member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without HIRENETWORKS’s written approval. Any interactions with Members of the Service regarding commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other Site Member, or Site user. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
HIRENETWORKS honors and respects your privacy.
What we collect
In various points on the HIRENETWORKS Sites, we collect “Personally Identifiable Information,” such as your name, e-mail address, or other information that can be used to contact you or identify you as an individual. We collect this kind of information to create an HIRENETWORKS Member Account when you register for membership and/or special services (e.g., a HIRENETWORKS Hot Jobs), sign up for e-mail newsletters. We may offer, at any time, additional features, services, and promotional opportunities that will require you to submit Personally Identifiable Information in order to participate.
We also collect “Anonymous Information” used for tracking and optimizing your user experience, such as your IP address, the type and version of browser you use, the pages on our Sites that you have visited, and the sponsor logos or advertisements that you have clicked on. (For example, the HIRENETWORKS Sites are optimized for the most recent browser capabilities. If we detect that you are using an obsolete browser, one that may not display our site features properly, we can alert you and recommend that you download the most recent browser version and provide a link for you to do so.) In some cases, (as when you are logged-in as a Site Member) your Anonymous Information may be linked to your Personally Identifiable Information as you navigate the site.
Sponsors or advertisers that may appear on the HIRENETWORKS Sites may also place cookies on your computer when you click on their button, logo or advertisement, for similar tracking reasons. The use of that information is subject to their own privacy policies. Please visit their sites to learn about their specific privacy practices.
However, in any case, advertisers or other third-party companies, individuals or organizations do not have access to the cookies that HIRENETWORKS collects.
How we use the information we collect
We use Personally Identifiable Information that you provide to communicate with you, to notify candidates about available jobs, to educate prospects on HIRENETWORKS services, to customize advertising and content available on the HIRENETWORKS Sites, to track Site usage and conduct research for internal purposes and, in general, to use such information to improve the HIRENETWORKS Sites and our services to you.
If you so choose, we will also use it to send you information about services that may be of interest to you.
We use information that is not personally identifiable to determine how people use our web site and its services. For example this data tells us information including how often users click on our advertisements, which files are downloaded most frequently, and which areas of our site are the most popular. Analyzing this data allows us to improve the offerings on and performance of our site(s). Using your IP address, we can also determine the general physical location of a user and may at times, at our sole discretion, use this information to better target advertising to users.
You may opt-out of the use of Google DART cookies by visiting the Network Advertising Initiative Consumer Opt-Out Tool at http://www.networkadvertising.org
How we share information
Except as noted in this document, HIRENETWORKS does not share your Personally Identifiable Information with third parties unless you give us your permission to share your resume.
Communications and newsletter choices: opt-in, opt-out
When you register for membership at the HIRENETWORKS Site, you have the option of checking a box to tell us that you want us to send you a HIRENETWORKS email newsletter (“opt-in”).
If you opt-in to receive the HIRENETWORKS email newsletter, but change your mind, you can opt-out at any point by going by clicking on the “Unsubscribe” or “Manage Your Subscription” link in the newsletter you have received in your email box to change your settings. You will be removed from the HIRENETWORKS email list but will still remain a HIRENETWORKS member. Should you change your mind, you can opt-in again at any point by going to the “Manage Your Subscription” link in a previous email and changing your email subscription settings.
You can also contact HIRENETWORKS, in writing, at 8020 Arco Corporate Dr. Suite 118 Raleigh, NC 27617and request to be removed from the HIRENETWORKS mailing list.
When you register for membership at the HIRENETWORKS Site, you also have the option of checking a box to tell us that you do not want us to send you a HIRENETWORKS email newsletter.
Even if you choose not to receive email newsletters or other information from us, we reserve the right to communicate with you on matters we consider especially important, such as new site features or changes to the log-in, password, or other security procedures.
Publicly posted information
We keep the Personally Identifiable Information you provide on servers that are protected by technological means against intrusion or unauthorized access. They are located in a physically secure facility, and only our employees and agents with a need to know the information are given access. While no amount of security can give a perfect guarantee, you can have a high degree of confidence that the Personally Identifiable Information you give us is protected from unauthorized access and use. We rely on you to select passwords that cannot be guessed easily (“strong passwords”) and to safeguard those passwords from disclosure. Please contact us if you have any information regarding unauthorized use of the HIRENETWORKS sites.
If you have questions about this Statement or our policies, please contact us: firstname.lastname@example.org