Welcome to culturecliQ. These are culturcliQ LLC’s Terms and Conditions. They are about your access and use of our Web Site and/or Services. By using the Site, you are accepting them, and you agree to comply with their provisions and accept the risk of use. Their effective date is December 1, 2014. Please read them carefully.
We have some definitions for some of the words that are capitalized. You can find them at the end of this document.
These Terms and Conditions and/or the Service Agreement are a binding agreement between you and culturecliQ. Our Web Site and Services are available to help Companies and Candidates find a workplace match, and networking between individuals and companies using the Site. So the Site is only for those usages. We own all right, title and interest in the Site and culturecliQ Materials and we have a patent pending. We also own the culturcliQ trademark and trade dress. Our materials are also copyrighted. Therefore, you may not use, reproduce modify, display, sell, or distribute anything on the Site or from the culturecliQ Materials.
We may change these Terms and Conditions from time to time. The changes will take effect on the date they are posted. Further use of the Site will be considered acceptance by you of the then-current Terms and Conditions.
Whether you are a Company or a Candidate, we are granting you a limited, terminable, non-exclusive right to access and use the Site and culturecliQ Materials to help Companies and Candidates find a workplace match, as well as networking between Candidates and Companies using the Site. You can view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of anything you post to a Site and any consequences arising from such posting. Use of the Site is a privilege, so we reserve the right to suspend or terminate that privilege and remove materials at any time or for any reason at our sole discretion.
If you are a Company, you may not sell, transfer or assign any of the Services or your rights to any of the Services to any third party without written authorization from culturecliQ. You agree that you are solely responsible for anything you post to a Site and any consequences arising from such posting. We reserve the right to suspend or terminate your access and use at any time if culturecliQ determines that you are in breach of the Terms and Conditions.
Again if you are a company, you agree that any Company Materials provided or posted for use in connection with the Services does not and will not violate any laws or regulations or third-party proprietary rights, including, copyright, trademark, obscenity, rights of publicity or privacy, defamation or employment laws. Therefore, the Company grants culturecliQ a non-exclusive, worldwide, royalty-free license to use Company Materials and to place a hyperlink to the Company’s website or other relevant information.
You must be 18 years of age or older to visit or use the culturecliQ Site. If you are under the age of 18 or the age of majority as defined in your jurisdiction, you must use the Site under the supervision of a parent, legal guardian, or other responsible adult.
culturecliQ does not endorse, or warrant or represent to anyone any of the materials provided or posted by any Candidate or Company, i.e. Company Materials. Candidates are solely responsible for what they provide and post and Companies are solely responsible for what they provide or post, whether it's a web site, a link to a third party web site, product, services, hiring, experience, employment, or recruiting practices, or otherwise.
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CULTURECLIQ LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CULTURECLIQ LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(c) DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
A User, as defined below, is not always subject to confirmation that such User is who they claim to be. Therefore, you release culturecliQ from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Site or Materials by an unauthorized User.
Users may only use the Content or culturecliQ Materials, for the purposes of recruiting and obtaining employment. The Content and culturecliQ Materials may not be used in any other way for public or commercial purpose. This prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Site other than the search engine and search agents available from culturecliQ on such culturecliQ Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Chrome); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from the culturecliQ Site, without the express written consent of culturecliQ. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited. The culturecliQ Materials are not considered to be works for hire and you may duplicate such culturecliQ Materials only for the purposes outlined in the Service Agreement. "culturecliQ," culturcliQ.com and the radar Q are the culturecliQ design logo are service marks or trademarks of culturecliQ, and all related product and service names, design marks and slogans are the service marks or trademarks of culturecliQ. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by culturecliQ's trademarks, service marks and copyrights. Any code that culturecliQ creates to generate or display the Content or the pages making up the Site is also protected by culturecliQ's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or culturecliQ Materials on any authorized copy you make of the Content or culturecliQ Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
You agree to defend, indemnify, and hold harmless culturecliQ (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Materials posted by you, your use of the Services or your breach of this Agreement. culturecliQ shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Company Materials may not contain URLs or links to web sites unrelated to recruitment, or any other materials for which there is not expressed authorization. Anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful, embarrassing or offensive to another person or entity or is in actual or potential violation of any local, state, or federal law, or regulation is prohibited.
Likewise Candidates may not post materials that contain URLs or links to web sites unrelated to their employment search, or any other materials for which there is not expressed authorization. Anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful, embarrassing or offensive to another person or entity or is in actual or potential violation of any local, state, or federal law, or regulation is prohibited.
culturecliQ is under no obligation to monitor the Materials posted on the Sites.
Any claims arising under this agreement or your Service Agreement will be resolved by binding arbitration and the law to be applied to any dispute or claim will be the law of the State of Michigan. We also agree that any claim or dispute will be resolved on an individual basis and not in a class, consolidated, or representative action.
The sole relationship between you and culturecliQ is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this agreement, which shall remain in full force and effect. All provisions of this agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access immediately. You may not assign or transfer your obligations under this agreement. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. All headings are for informational purposes only.
"Candidate" means a User who is accessing a Site to search for a job or is using the Site in any other capacity except as a Company.
"Company" or "Companies" means a person or entity that is accessing a Site to post a job or otherwise utilizing the Services for any reason related to the purpose of seeking candidates for employment.
"Company Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by a Company, if any, for use in connection with the Services.
"Content" includes all Text, Graphics, Design and programming used on the Sites.
"culturecliQ Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
"culturecliQ Web Site" or the "Site" means any web site under culturecliQ's control, whether partial or otherwise and includes the Site's Content, Text, Graphics, Design, Programming, and culturecliQ Materials and Services.
"Design" includes the color combinations and the page layout of the Sites.
"Document" refers to any posting to a Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Service Agreement" means a signed agreement between culturecliQ, LLC and a Company for the provision of Services.
"Services" means any services provided by culturecliQ or its employees.
"Terms and Conditions" means the text and plain English meaning of the Terms and Conditions document.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"User" refers to any individual or entity that uses any aspect of the Web Site.
"You" or "you" means the person who or the entity on behalf of whom a person is acting. “You” or “you” is also the person agreeing to this Terms of Service.
"Web Site" or "Site" means culturecliQ.com.