Terms of Use

Effective As of: February 1, 2018

 

Terms of Use
 
IMPORTANT
 PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THE WEBSITE OR ANY OF THE PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.


  1. General Rules and Definitions 
 


Mediabistro Holdings LLC, including its owners, parents, subsidiaries, affiliates, licensors, directors, officers, managers, members, agents and employees (“MBH”), requires that all visitors to www.mediabistro.com and related properties (together, the “Websites”), adhere to the following Terms of Use. 
By accessing or using any of the services or applications provided on the Websites “Services”, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use the Websites. In consideration of your use of any of the Websites, you represent that you are at least thirteen years old and are not a person barred from using the Websites under the laws of the United States or other applicable jurisdiction. If you are not at least eighteen years old, you represent that you are using the Websites with parental consent. MBH reserves the right to change these Terms of Use at its sole discretion and at any time without personal notice to you. If MBH makes a material change to these Terms of Use, MBH will update this page and post a notice on the Websites’ homepages for a reasonable period of time, and will indicate the effective date of the changes at the top of both pages. Your continued use of the Websites constitutes your acceptance of any changes. This Agreement applies to all persons and entities who visit any of our Websites and/or use or access any of the services provided on the Websites (“Users”).

Types of Users:

The word “you” as used in this agreement will apply to visitors who browse MBH websites and individuals who access and use the Services on their own behalf and/or on behalf of an entity.

  • Users that use the Services to search for employees, view resumes, profiles, or curriculum vitae, and/or post and/or distribute job openings (“Job Advertisements”), on behalf of themselves and/or a third party are also referred to in this Agreement as, a “Client“. The term “Clients” also refers to users who purchase subscription plans or individual education classes.

    • If you use MBH on behalf of an employer, organization, agency, institution, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf

  • If you use the Services to register for job alerts by text and/or email or any other method made available to you, or to upload your resumé or CV, or to search for or apply to Job Advertisements, we refer to you as, a “Job Seeker”.

  1. Intellectual Property

A. Ownership; License

MBH owns, operates, licenses, controls, and provides access to the Websites. All past, present, and future information, materials, applications, software, and other contents of the Websites are the property of MBH unless otherwise noted and are protected by applicable intellectual property and other laws. All trademarks, logos, service marks, trade names, and trade dress are proprietary to MBH unless otherwise noted and are protected by applicable intellectual property and other laws. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by MBH, no rights (either by implication, estoppel or otherwise) in or to any of the Websites or their contents are granted to you. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the contents of any of the Websites, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. Subject to your compliance with these Terms of Use, MBH grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

  • listen to music and view videos streamed from the Websites, and participate in the Websites’ community areas;

  • create profile pages on the Websites for non-commercial and private use

  • communicate with other members of the Websites’ communities;

  • embed and display the contents of the Websites on your own personal website or other non-commercial external websites; and

  • download the contents of the Websites onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein

B. User Uploaded Information

The Websites may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on the Websites (“User Uploaded Information”). For example, the Websites may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. MBH does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. MBH reserves the right to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. MBH undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information. You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Uploaded Information. You are solely responsible for all User Uploaded Information that you make available via any of the Websites. Under no circumstances will MBH be liable in any way for any User Uploaded Information that you upload, post, or otherwise make available via any of the Websites including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.  You will not upload or submit any User Uploaded Information owned or controlled by a third party unless you have all necessary rights and permissions to post such information and to grant the rights herein granted with respect to User Uploaded Information. When you upload User Uploaded Information via the Websites, you grant to MBH, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it

C.   Copyright

MBH reserves the right to remove any content contained in or posted to the Websites that allegedly infringes another person’s copyright. Additionally, you grant all users of the Websites the right to reproduce, distribute, display and perform the User Uploaded Information as allowed by the Website in keeping with these Terms and Conditions. Notices to MBH regarding any alleged copyright infringement on the Websites should be directed to MBH’s agent at support@mediabistro.com.

  1. User Accounts, Additional Terms, End User License Agreements & Subscriptions 
 


The creation of a user account may be required for the use of certain portions of the Websites (e.g., job applications, e-mail subscriptions and job alert emails, newsletters, forums, content downloads, promotions, etc.), and certain contents and services of the Websites may only be accessed through purchase or paid subscription. In some instances, special terms and/or end user license agreements apply to some services, products, software, competitions or promotions offered via the Websites. Such terms are posted in connection with the applicable service, product, software, competition or promotion and are in addition to these Terms of Use. In the event of a conflict, the additional terms prevail over these Terms of Use. MBH may change, suspend or discontinue any aspect of the Websites at any time and without prior notice. You agree that any information that you provide to the Websites shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with any of the Websites, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Websites using your name, user name or password in whole or in part. You shall notify MBH if you suspect that your password has been used without your authorization. Personally identifiable information that may be received at the Websites is provided voluntarily by a visitor to any of the Websites and is governed by the terms of our Privacy Policy.

  1. Restrictions on Use 

The Websites are provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:

  1. alter any trademark, copyright and other proprietary or legal notices contained in the Websites; or

  2. modify, make derivative works of, disassemble, reverse compile, reverse engineer or otherwise manipulate the Websites or any content in any way not intended and directed by MBH; or

  3. copy or seek to copy or “rip” any audio and/or audiovisual content from the Websites; or

  4. exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of MBH, including, for example, inserting your own or a third party’s advertising, branding or promotional content into any of the Websites’ contents, materials or services (uploading content to promote your artistic enterprises as allowed by the Websites and these Terms and Conditions shall not violate this prohibition) or accessing or using the Website to build a similar or competitive product or service; or

  5. upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:

  • any material that is false, unlawful, threatening, tortuous, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in MBH’s sole discretion is otherwise objectionable; or

  • information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or

  • material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Websites or interferes with, overburdens, impairs or disrupts the Websites, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or

  • any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation;

  1. use or attempt to use another person’s information, account, password, service or system     except as expressly permitted; or

  2. impersonate another person or entity; or

  3. engage in any conduct that in MBH’s sole discretion restricts the ability of any other person to enjoy the use of any of the Websites or otherwise use any device, software or routine to damage, interfere or attempt to interfere with any application, function or use of the Website; or

  4. solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users; or

  5. copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; or

  6. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the MBH servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that MBH grants the operators of public search engines revocable permission to use spiders to copy materials from mediabistro.com for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials)

  1. User Content and Users

The Websites may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, company information, a job seeker’s application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information (“User Content”).

User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.

The following list is intended to be illustrative of the types of User Content that is prohibited, but is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from, anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false or misleading; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, “Intellectual Property Rights” means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or submitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.

You agree that MBH makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements and resumés. You further agree that MBH acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that MBH is not responsible and has no liability, for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on any User Content is at your own risk.

Notwithstanding the foregoing, although MBH has no obligation to screen User Content, to the extent that MBH becomes or is made aware of, User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with MBH, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for MBH or otherwise negatively impact MBH, MBH reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.

Please note Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or similar laws in your jurisdiction), which are intended to exclude or limit the liability of online service providers such as MBH, which provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).

The decision by MBH to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: “No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…..”

You understand and agree that MBH does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release MBH, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

MBH reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of MBH where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.

  1. User Content License Grant

By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to MBH, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the MBH websites, distributing such User Content through the MBH distribution and publishing network and in job alerts to job seekers, and to promote MBH and the Services. This license continues even if you stop using the Services.

If you are a Client, you acknowledge and agree that MBH has no obligation, and may be unable, to remove your Job Advertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) listed in search engine results, or (ii) distributed on websites and in job alert emails or job alert texts, or (iii) incorporated into fixed media displays of MBH or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by MBH to identify you as a User of the Services in any promotional and marketing materials to promote MBH and the Services. Further, to the extent you have given MBH the right to access certain User Content that is present on another website or service you own or control, you give MBH the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.

You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by MBH of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.

  1. Paid Services
    1. Billing

      1. Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Recurring charges are billed in advance of service. MBH may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that MBH has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.

    2. No Refunds

      1. You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that MBH suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with MBH, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay MBH the entire fees due for the subscription, product or service, as applicable.

    3. Payment Information; Taxes; Delinquent Payments

      1. All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time MBH is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to MBH upon written notice.

        If you elect to add additional paid services or products to your selected subscription or upgrade your subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.

        Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by MBH in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.

    4. Credit and Debit Cards
      1. In the event that you pay for any Services using a credit card or debit card, you authorize MBH to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) (“Payment Method”), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that MBH may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
    5. Subscription Services
      1. Subscription Plans and Renewals. Subscription Plans will automatically renew for recurring periods depending on the duration of your selected Subscription Plan (e.g., every 30 days, 3 months, 6 months, annual or other period), unless you notify MBH of any changes or requests not to renew (i.e., to cancel), prior to the end of the Subscription Plan term (each, a “Renewal Plan Term”). Cancellation requests should be made in accordance with the instructions provided on the applicable MBH. At the time of automatic renewal, if you have provided a credit or debit card, the applicable subscription or other fees will be charged to the debit or credit card provided and/or associated with your account, or you will be invoiced for payment.Cancellation. For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any Renewal Plan Term by calling us at (800) 205-7792. You may also send us an email at support@mediabistro.com, and one of our representatives will contact you. Make sure you cancel prior to your next billing renewal date to avoid any unwanted charges. Your account will be cancelled effective on your next billing date. Once your account is cancelled you will lose access to all content and features under your selected Subscription Plan. You agree and accept that you will not receive any refund if you request a cancellation and that the cancellation request shall become effective at the end of the Renewal Plan Term in which the cancellation notice is received by MBH.Suspension or Termination for Breach. MBH can suspend or terminate your access to the Services and/or this Agreement in the following instances: (i) if you breach this Agreement and cannot correct the breach within that period required by MBH if the breach is capable of cure; (ii) immediately, if you fail to pay any monies owed to MBH for paid services or if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (iii) immediately in the event of recurring violations of this Agreement; and (iv) for convenience via email notification to you and in the event of such termination for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan. In the event of any termination or suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with MBH (other than a termination for convenience by MBH as described in such agreements), you remain responsible for the entire amount of the fees pertaining to the applicable Services. MBH may suspend your access to the Services without notice in the event of a suspected violation of this Agreement. You may terminate this Agreement if MBH materially breaches this Agreement and does not cure the breach within ten (10) days after receipt of written notice from you, which notice must be emailed to: support@mediabistro.com. Pre-paid fees are non-refundable, except in the case of an uncured material breach by MBH, in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan.
  1. ADDITIONAL TERMS THAT APPLY TO JOB SEEKERS

As a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs (“Job Applications”), (iii) receive job alert emails or text messages, where such features are available to you (“Job Alerts”), and (iv) include your resume and other applicable information in the Resume Database. For purposes of this Agreement, references to “resume” or “CV” shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person’s experience and qualifications.

You agree that if you have a MBH account or if you have provided your resume/CV to MBH and/or if you have signed up for job alerts, we may use the information you provide to send you information about Job Advertisements that may be of interest to you and you also agree that we may provide your resume/CV (to the extent that you have not designated it as private), to an employer or recruiter who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to.

To the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume Database or because you have applied to a Job Advertisement on a MBH website), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfil the services we provide to you.

    1. Job Applications in General

You can choose how to submit your Job Application using the options offered through the Services. You can also submit a Job Application through your mobile device.

Once you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Advertisement. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.

If you ask MBH to submit a message to any employer or third party or if you apply for a job using the Services, you accept that MBH does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you require alternate screener questions or application process, you must contact the applicable entity directly.

    1. Applying to Job Advertisements on a MBH Website

When you apply to a Job Advertisement on a MBH website, we will send the resume associated with your account.

If you have manually logged out of your account or if you have been automatically logged out of your account because of inaction or some other reason, before we send the resume associated with your account, we will ask you to input your email so we can verify your identity. Once you receive the verification email and confirm your identity by following the instructions in the email, we will send out the resume associated with your account.

IMPORTANT: It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you apply to a Job Advertisement so an employer receives the most up-to-date information about you. If you have opted in to the Resume Database, make sure that employers see the most up-to-date information about you. In order to delete old resumes, edit your resume, or upload a new resume, please go to the Profile settings in your User account.

    1. Account Creation.

In addition to your ability to manually create a MBH account yourself, a MBH account will automatically be created for you in the following circumstances if you don’t already have an account:

      1. When you sign up for job alerts with MBH;
      2. When you apply to a Job Advertisement on a MBH website, using for example, the ‘Apply Now’ buttons; or
      3. When you opt-in to the resume database.

When an account is automatically created for you, you will receive an email with your user name (which is usually your email address) and a link to reset your password. Whether or not you choose to reset your password, the account will exist under your email address and the resume associated with the action you took (e.g., applying for a job, signing-up for job alerts, etc.), will be connected with that account. So, before applying to a Job Advertisement, please ensure that your resume is up-to-date so that employers receive the most recent information about you.

If you do not wish to have a MBH account, please contact support@mediabistro.com or go to your account settings and close your account.

    1. Job Alerts

You can manually sign up to receive job alerts by email. In addition to a manual sign up, if you apply to Job Advertisements on a MBH website and/or create an account, you also consent to receiving email job alerts based on the type of role you selected. You can edit or change the type of job alerts want to receive by accessing the Job Alerts tab in your User account. You may opt out of job alerts by clicking on the unsubscribe link in your job alert email. You can also contact our Customer Service team at support@mediabistro.com, if you need assistance.

    1. Resume Database

MBH has a feature which permits Job Seekers to include their resume/CV and other applicable information in a resume database (the, “Resume Database”) to be stored on the service and potentially to be accessed by employers.

You may elect to make your resume/CV private and not add it to the Resume Database. If you make your resume/CV ‘public,’ it will be (i) added it to the Resume Database, (ii) available to be viewed or downloaded by any persons or entities that have access rights to the Resume Database, and (iii) visible in whole or in part via search engine results.

If you have added your resume/CV to the Resume Database, you consent to MBH matching words, skills, or certifications that are present or implied in your resume or other application materials to words, skills, or certifications present or implied in a Job Advertisement or an employer’s or recruiter’s search of terms, and if there are any matches, to present matching resumes/CVs to the applicable employer or recruiter and to send information to you about Job Advertisements that may be of interest to you.

If you submit a resume/CV, you acknowledge that we may ‘parse’ the resume and other applicable information into another format to create a profile view and/or enable searchable text for a Company; the Company will also be able to see your resume in the form in which you originally submitted it to MBH.

You can opt-out of including your resume/CV in the Resume Database and public visibility at any time by adjusting the settings in your account and we will remove your resume/CV from the Resume Database and disable visibility to search engines as soon as reasonably practicable. However, if an entity has already accessed your resume/CV through the Resume Database or search engines and copied or saved your resume, that entity will continue to have access to your resume/CV and all information you included in your resume/CV.

    1. Interactions with Other Users; Scams; Confidentiality

You are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or Job Application or resume/CV that. Only list the contact information that you are comfortable disclosing to Clients and other Users of the Services.

In addition to carefully reviewing this section, you should conduct your own due diligence on potential employers and Job Advertisements that may be of interest to you. MBH does not authenticate Users or guarantee that a Job Advertisement is suitable, legitimate or real. If you are concerned about any particular communication you have received from a potential employer (either because it’s unsolicited or you received the communication in response to your Job Application), or if you are concerned about any particular Job Advertisement you find on MBH, or if you find a Job Advertisement that is fake or fraudulent, you should do the following:

      1. Contact MBH immediately at support@mediabistro.com and do not respond to the sender of the communication; and concurrently,
      2. Conduct your own Internet search of the company and the person who emailed you.
        1. Many scammers use the names of legitimate companies to defraud job seekers. So, look up the email of the human resources department and/or recruiting department of the company that is purporting to contact you about the job, and ask them to verify that the person who contacted you is actually connected with the company. If the email address of the person contacting you doesn’t include the name of the company, that should also alert you to conduct further checks.
        2. An Internet search may alert you to complaints about the individual and/or the company concerned because it’s likely that you aren’t the first person that has been ‘scammed’. There may be online forums that warn people about potentially fraudulent job advertisements.
        3. U.S. job seekers should check whether any complaints were made to organizations such as the Better Business Bureau or the Federal Trade Commission (“FTC”). The FTC provides recommendations on its website regarding job scams, including, but not limited to: https://www.consumer.ftc.gov/articles/0243-job-scams.
        4. If you discover that an email received is connected to a fake or fraudulent Job Advertisement, you should send that email to email provider that hosts the scammer’s email address and request that the account be closed. Some of the more common fraud departments are:
          1. Yahoo: mail-abuse@cc.yahoo-inc.com
          2. Google: abuse@googlemail.com
          3. Hotmail: report_spam@hotmail.com
        5. If you have already disclosed your bank details or received funds into your account you should contact your bank immediately to stop any transactions and ask their advice regarding next steps. You should also file a police report.
        6. US job seekers should file a complaint with the FTC at https://www.ftccomplaintassistant.gov/#crnt&panel1-1, their State Attorney General and their local Consumer Protection Agency. You can find more information by reviewing the video at: https://www.consumer.ftc.gov/media/video-0052-job-scams and https://www.consumer.ftc.gov/topics/jobs-making-money.

Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.

The following is a non-exhaustive list of red flags that should alert you to check whether a communication is legitimate and/or whether any particular Job Advertisement is fake or fraudulent (“Scam“). But, this list doesn’t cover every scenario; it’s merely intended to highlight some of the more common Scams. For more information, you should visit the websites listed above. Be on the alert:

  1. If you’re offered a job soon after submitting your resume/CV, without having to go through an interview or other usual hiring process. Usually, when you apply for a vacancy, you expect to wait a few days or weeks to hear back, and then go through a hiring and interview process. Scams will offer you the job almost immediately;
  2. If the ‘employer’ claims that they found your resume/CV on a website and offers you the job immediately;
  3. If the ‘employer’ sends you a check (to cover your initial salary or buy equipment for example), and asks you to deposit the check in your bank account and send them a check for some smaller amount. In addition to contacting MBH, you should take the check and any records of the communication to your local Police Department and file a police report;
  4. If the ‘employer’ requires you to spend money on training or materials;
  5. If the ‘employer’ asks you for personal details and/or financial details that you didn’t include in your resume/CV. The requested information may be your bank details or your birth date, passport number or copy of your passport, social security number, etc. This type of information isn’t typically required until you’ve gone through a hiring process including a formal interview, possibly met the employer in person, and receive a formal offer letter or contract of employment;
  6. If the email or other communication from the ‘employer’, contains misspellings, grammatical errors, is badly written or disjointed, and/or contains exclamation marks and words or sentences in capital letters, and/or requires you to accept the job offer immediately;
  7. If you applied for a role that is less senior to the one that is offered to you or offers a salary that is more than you would expect for the role you applied to; or
  8. If a Job Advertisement provides a lot of detail about a role but very little information about the type of candidate that is desired.

Additionally, although MBH requests that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive through the Services, MBH cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.

  1. TERMS THAT APPLY TO PROVIDERS OF JOB ADVERTISEMENTS 
    1. Content Rules

With respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Job Advertisements (whether owned by you or your clients), will comply with advertising standards and applicable laws; (ii) you have the necessary rights to permit the publication and use of Job Advertisements by MBH pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Advertisements will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Advertisements shall comply with the then-current versions of this Agreement and Ad Guidelines (referenced below); and (v), you have the authority to grant permission to MBH to wrap or collect Job Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not cause MBH to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which users can link though such Job Advertisements. You agree to indemnify and hold MBH and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of this Agreement.

You agree not to post or promote any Job Advertisements that: contain inaccurate, false, or misleading information; contain “hidden” keywords or keywords that are irrelevant to the job opportunity being presented; sell, promote or advertise products or services; endorse a particular political party, political agenda, or political position or promote a particular religion; advertise job openings located in countries subject to economic sanctions of the United States Government or the European Union; except where allowed by applicable law, require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) 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; contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13; includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; involves any franchise, pyramid scheme, “club membership”, distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contain content that violates applicable laws; 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 Job Advertisements are permissible); or requires citizenship or lawful permanent residence in a country unless that is required in order to comply with law, regulation, or a federal, state or local government contract; contain links to any site competitive with MBH other than to an actual job posting.

Additionally, Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labor and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available, posted or distributed).

B. Distribution of Advertisements and with Access to the Resume Database

MBH will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our distribution network, or in job alert emails and texts (where a Job Seeker has opted-in to receive such alerts) (collectively, “Distribution Channels”). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason and even if you have paid for a “Premium Post”. You agree that MBH is not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on MBH websites.

We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.

C. Authorized Users

You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit access to the number of users that are allowed under your account to those permitted under your selected Subscription Plan (each, an “Authorized User“). Additionally, you agree that: log-in credentials and account information will not be shared with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other agreement that you have with MBH; (v) you will promptly notify MBH of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with MBH with respect to investigation of any suspected or alleged violation of this Agreement and any action by MBH to enforce this Agreement. MBH may suspend, limit, condition, or terminate an Authorized User’s access to the Services or any features thereof, in the event that MBH reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.

D. Removal of Advertisements

You acknowledge and agree that MBH may, with no liability or penalty, remove any Job Advertisement or other content, communication or information posted, which in the sole judgment of MBH, violates or may violate this Agreement, applicable laws, rules or regulations, or third party terms; or may adversely affect MBH; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.

E. Resume Database

If you purchase access to the Resume Database, then subject to the terms and conditions of this Agreement, MBH hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access the Resume Database for the limited purpose of viewing and/or downloading the number of resumes/CVs permissible under your Subscription Plan for the sole purpose of seeking employment candidates for legitimate employment opportunities. You shall not use automated computer programs or software to download resumes/CV or to extract Data (defined below), and shall not resell or sub-license access to the Resume Database or any resume (including Data). You further agree that you shall not use the Resume Database or its contents to market or sell products or services to the data subjects whose resumes comprise the Resume Database. References to “resume” or “CV” as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person’s experience and qualifications. Notwithstanding anything to the contrary in this Agreement, MBH reserves the right to limit the amount of information (including resume views and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the Services. The Resume Database shall not be used in any manner that adversely affects MBH business, imposes an unreasonable or disproportionately large load on MBH infrastructure, or interferes with the ability of others to access the Resume Database. MBH reserves the right to suspend or terminate access to the Resume Database or terminate the Agreement in the event of any non-compliance with the Agreement or any other agreement you have with MBH. You shall remain primarily responsible for ensuring that Authorized Users comply with the terms of this Agreement. If a Job Seeker opts out of the Resume Database at any time, MBH reserves the right to block access to, and/or remove, the Job Seeker’s resume/CV from the Resume Database. You accept that MBH does not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the resume/CV is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.

You represent, warrant and promise that: (i) you will use the Resume Database and the personal information contained within resumes/CVs (collectively, “Data“), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any Data from Resume Database to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising agency acting on behalf of a client, and you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes, and such disclosure falls within the scope of the appropriate Subscription Plan for the Services; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data obtained from the Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify MBH immediately in the event of any suspected or actual unauthorized access or disclosure of resumes/CVs; (iv) Authorized Users shall not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers for careers fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.

MBH makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes/CVs. You accept that MBH acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. We do not guarantee any response or the number of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements have the required qualifications to meet your requirements.

F. Job Seekers

MBH may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and professionally with individuals who may respond to your Job Advertisement and agree to indemnify us from and against any claim brought by an individual against MBH arising from your breach of this Agreement or any other agreement you have with MBH.

G. Data Protection

You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; for the purposes of this Agreement, ‘Personal Data’ means data which relates to a living individual who can be identified (i) from such data, or (ii) from such data together with other information which is in your possession or is likely to come into your possession; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend MBH at your own expense against all costs, claims, damages or expenses incurred by MBH for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.

  1. Termination 


You may terminate your account by submitting a termination request to MBH. MBH reserves the right to restrict, suspend, deny or terminate access to all or part of any of the Websites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms of Use may be referred to law enforcement authorities. Termination may result in the loss of information related to  your account.   All fees paid in connection with your account are non-refundable.  Termination shall not affect those provisions which by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability”

  1. Third Party Content and Linked Sites
 


Third parties provide some of the contents of the Websites. MBH makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.
In addition, third parties may offer goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. MBH will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Under certain circumstances, MBH may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within the Websites do not imply endorsement by MBH of that product, service or publication.
The Websites may include links to other sites that are not maintained by MBH. MBH is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. MBH shall have no liability for any loss or damage arising from your use of any such site.

  1. Disclaimer; Restriction of Liability

The Websites and their contents are provided “as is” and “as available.” To the fullest extent permissible by applicable law, MBH disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, non-infringement and fitness for a particular purpose. 
MBH will not be liable for any damages or injury caused by any use of the Websites or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Websites. MBH will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the Websites or User Uploaded Information; (2) the use of, inability to use, or performance of the Websites or any of the contents or features thereon; (3) any action taken in connection with an investigation by MBH or law enforcement authorities regarding your use of the Websites or the contents thereof; (4) any action taken by or in connection with copyright owners; (5) any errors or omissions in the Websites’ technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Websites).

  1. Jurisdiction 
 


MBH controls and operates the Websites and makes no representation that the contents of the Websites are appropriate or available for use outside of the United States. If you use any of the Websites from a location outside the United States, you are responsible for compliance with applicable U.S. and local laws, including export and import laws.

  1. Miscellaneous 
 


These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of New York, without regard to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York, for all matters involving you and MBH.
If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 
These Terms of Use and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Websites.
Nothing in these Terms of Use is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these Terms of Use. If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit notice pursuant to the Digital Millenium Copyright Act by providing MBH’ designated Copyright Agent with the following information:

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the site;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
  6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  7. MBH’s Copyright Agent should be contacted at the following address: support@mediabistro.com, or Mediabistro c/o Recruiter.com, 500 7th Ave, New York, NY 10018.