TERMS OF SERVICE
Revised and
updated – November 30, 2010
Thank you for using
InterviewStream. This is the agreement
which states the terms of service (“Terms of Service”) regarding your
use of our website and/or sub-domains (collectively, the “Site”) and the
services we provide through the Site and underlying technology (collectively,
the “Service” or “Services”).
The term “interviewing companies” or “interviewing company” as used
herein shall include, in addition to the interviewing company, any third party
designees or others operating on their behalf or contributing Content (as
defined below) on their behalf.
1.
Your Acceptance
By using the Site and/or the Services in
any way, you consent to, and are agreeing to comply with, these Terms of
Service. These Terms of Service apply to
all users of the Site and/or the Services including, but not limited to,
interviewing companies and applicants for employment (the term “applicants” is
deemed to include any potential employment candidates participating in
interview-related preparation or counseling).
If you do not agree with these Terms of Service, we ask that you refrain
from using the Site and/or the Services.
You affirm that you are more than 18 years of age and are fully able and
competent to enter into these terms, conditions, obligations, affirmations,
representations and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that you are over the
age of 13, as the Site and/or the Services are not intended for children under
13. If you are under 13 years of age,
then please do not use the Site and/or the Services.
The Site and/or the Services may contain
links to third party websites that are not owned or controlled by InterviewStream. These links are provided solely as a
convenience to you and not as an endorsement by InterviewStream of the content
on such websites. InterviewStream has no
control over, and assumes no responsibility or liability for, the content,
privacy policies or practices of any third party websites. In addition, InterviewStream will not and
cannot censor or edit the content of any third party website. However, InterviewStream does reserve the
absolute right to refuse to consent to such links without having to give a
reason. By using the Site and/or the
Services, you expressly relieve InterviewStream from any and all liability from
your use of any third party website.
In order to access some features of the
Site and/or the Services, you will have to create an InterviewStream
account. You may never use another’s
account without permission. When
creating your account, you must provide accurate and complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account passwords
secure. You must notify InterviewStream
immediately of any breach of security or unauthorized use of your account.
2.
Consent for Video/Audio Recording and Digital Media
Production
You hereby authorize InterviewStream,
its designees, licensees, service providers and assignees, to create
photographs, digital images and audio and/or video recordings of, and to
stream, broadcast, reproduce, transmit, use, publish, display and otherwise
disseminate over the Internet, your name, appearance, likeness, voice, speech
and presentation (either in real-time or as embodied in the photographs, images
and recordings described above) for the purposes of enabling you to conduct or
participate in interviews for employment and/or enabling your conduct of, or
participation in, preparation or counseling for employment-related interviews,
and to store, cache, replay, transcribe, edit, excerpt from, distribute,
display or otherwise include any and all of the foregoing material in
furtherance of such purposes. You hereby
release, discharge and hold harmless InterviewStream, its affiliates, and its
and their respective members, managers, shareholders, officers, directors,
employees, service providers, contractors, designees, licensees and assignees
from any and all claims, liabilities, suits and action relating in any way to
the activities described above including, but not limited to, any utilization
of video/audio recordings and digital media.
The interviewing company acknowledges and agrees that the recorded
interviews are to be used in a legitimate manner, both internally and outside
the InterviewStream organization and are not intended to cause any harm or
undue embarrassment to the parties involved.
3.
Multi-Interviewing Company Accounts or Submitting
Content on Behalf of Others
If you are submitting Content on behalf
of one or more interviewing companies, then you represent and warrant that you
are authorized to act on behalf and bind such interviewing companies to these
Terms of Service.
4.
Privacy Policy
In addition to these Terms of Service,
InterviewStream has established a Privacy Policy to explain to users how their
information is collected and used. You
can access the Privacy Policy at http://interviewstream.com/Public/Privacy, and
it is recommended that you review the Privacy Policy prior to using the Site
and/or the Services. All of the
information set forth in our Privacy Policy is incorporated into these Terms of
Service by reference and your use of the Site and/or the Services signifies
acknowledgement of and agreement to our Privacy Policy.
5.
Modifications to these Terms of Service
We reserve the right, at our sole
discretion, to change, modify or otherwise alter these the terms and conditions
set forth herein at any time, and you agree to be bound by such changes,
modifications or alterations. Such
modifications shall become effective immediately upon the posting thereof. Although we may attempt to notify you when
major changes are made to these Terms of Service, you must review these Terms
of Service on a regular basis to keep yourself apprised of any changes. We strongly encourage you to check the
“Revised and Updated” date at the top of these Terms of Service to familiarize yourself
with the most up-to-date version of this document.
6.
Use of the Site and/or the Services
InterviewStream has no control or
responsibility whatsoever over the conduct of interviews, any counseling or
preparation for interviews provided using the Services, or any interview- or
employment-related decisions. While we
attempt to respond to complaints about inappropriate uses of our Services,
applicants and interviewing companies are solely responsible for all Content or
any unlawful or inappropriate behavior that transpires during interviews. We also are not an employment agency or
counselor. Any recommendations or advice
provided by us on the Site are for informational purposes only and should not
be relied upon to result in employment or produce any other particular result.
InterviewStream is not a data controller
of any information recorded in an interview.
InterviewStream simply acts as a data processor, or conduit, who
facilitates the recording of the data and transmits any personal data contained
in the interview from the applicant to the interviewing company. The manner in which the Site and/or the
Services are used is entirely determined by the interviewing companies. InterviewStream does not initiate the
transmission of interview content, does not determine the recipient of the
interview invitation and does not select or modify the information contained in
any interview transmission. As the data
controller of the interviews is the interviewing company, applicants must
contact the interviewing company if they wish to raise any issues in respect of
the interview. InterviewStream expresses
no view as to the quality or suitability of any interviewing company or
applicant and does not endorse any opinion, recommendation or advice expressed
by users of the Site and/or the Services.
We maintain a copy of the interview on
the hosting servers of our hosting partners for secure access by the
interviewing company. InterviewStream
uses third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage and related technology required to run
the Site and/or the Services.
As an interviewing company, you agree
that any use of the Site and/or the Services is solely for the purpose of
setting up legitimate recruiting processes and conducting interviews with
legitimate applicants. As part of the
Services, users are able to post their own Content, either as an interviewing
company or an applicant. “Content”
includes the text, scripts, graphics, photos, sounds, videos, questions,
responses to questions and any other information that you post, communicate,
transmit, record, link to or direct to any third party in any manner through
the use of the Site and/or the Services including, but not limited to, any
presentation, appearance or participation by you in an interview or preparation
or counseling session that is streamed through the Services. InterviewStream takes no responsibility or
liability for the Content posted by users of the Site and/or the Services. To the extent that any Content violates these
Terms of Service, InterviewStream reserves the right (but not the obligation)
in its sole discretion to refuse or remove Content from the Site and/or the
Services.
7.
Conduct
You agree not to post, email, or
otherwise make available Content:
·
that
is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way;
·
that
is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (a) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same
or opposite sex, or (b) bestiality, or (c) masturbation, or (d) sadistic or
masochistic abuse, or (e) lascivious exhibition of the genitals or pubic area
of any person;
·
that
harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
·
that
violates federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any interview for employment a preference or
requirement based on race, color, religion, sex, national origin, age, or
disability;
·
with
respect to employers that employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality Act, including
requiring U.S. citizenship or lawful permanent residency (green card status) as
a condition for employment, unless otherwise required in order to comply with
law, regulation, executive order, or federal, state, or local government
contract;
·
that
impersonates any person or entity, including, but not limited to, an
InterviewStream employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
·
that
includes personal or identifying information about another person without that
person’s explicit consent;
·
that
is false, deceptive, misleading, deceitful or mis-informative;
·
that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships;
·
that
constitutes or contains “affiliate
marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or unsolicited commercial advertisement;
·
that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
·
that
disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other
users’ ability to use the Service; or
·
that
employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the
Service.
Additionally, you agree not to:
·
contact
anyone who has asked not to be contacted, or make unsolicited contact with
anyone for any commercial purpose;
·
“stalk”
or otherwise harass anyone;
·
collect
personal data about other users for commercial or unlawful purposes;
·
use
automated means, including spiders, robots, crawlers, data mining tools, or the
like to download data from the Service - unless expressly permitted by InterviewStream;
·
impose
an unreasonable or disproportionately large load on our infrastructure;
·
attempt
to gain unauthorized access to InterviewStream’s computer systems or engage in
any activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, the Service or the Site;
·
use
any form of automated device or computer program that enables the submission of
postings on the Site without each posting being manually entered by the author
thereof (an “automated posting device”), including without limitation, the use
of any such automated posting device to submit postings in bulk, or for
automatic submission of postings at regular intervals; or
·
reproduce,
duplicate, copy, sell, trade or resell any portion of the Site and/or the
Services, use of the Site and/or the Services or access to the Site and/or the
Services.
8.
Proprietary Rights
Subject to your compliance with these
Terms of Service, InterviewStream grants you a non-exclusive, non-transferable,
limited right to access and use the Site and/or the Services for which your
account has been approved. Except as
provided in the immediately preceding sentence, no other right, title or
interest in the Site or the Services is hereby granted or transferred to you as
a result of any permitted use of the Site and/or the Services. InterviewStream retains the exclusive right,
title and interest to the Site and the Services. While InterviewStream does not claim any
rights to any original interview content posted by an interviewing company or
applicant, you agree to provide InterviewStream with a limited, royalty-free,
fully paid up, non-exclusive, transferable, worldwide, perpetual license and
right to use, distribute and display all Content provided that such license and
right is restricted to the sole purpose of enabling InterviewStream to perform
the Services.
All original materials incorporated in
or accessible through the Site and/or the Services (other than those posted by
interviewing companies or applicants) including, but not limited to, texts,
photos, images, graphics, illustrations, logos, button icons, audio clips,
video clips, software and other content and the compilation, collection,
arrangement and assembly thereof (including the look and feel of the Site), are
protected by United States and international copyright laws, and are owned
exclusively by InterviewStream.
9.
No Unauthorized Modification or Forwarding of
Content
Except as otherwise expressly permitted
in these Terms of Service, you agree that you will not give access to, forward,
display, post or distribute any part of the Content or the recorded interview
to any individuals, persons or companies other than the interviewing company
and any individuals employed by the interviewing company that have a legitimate
interest in the hiring of the applicant.
You agree that you will not forward, display, post or distribute any
part of the Content or the recorded interview to any public website such as
YouTube, Facebook, Twitter and the like.
10.
Digital Millennium Copyright Act
If you are a copyright owner or an agent
thereof and believe that any Content infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”)
by providing our Copyright Agent with the following information in writing (see
17 U.S.C § 512(c)(3) for further detail):
·
A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
·
Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
·
Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider
to locate the material;
·
Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
·
A
statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and
·
A
statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
InterviewStream's designated Copyright Agent to receive notifications of claimed infringement is Randy Bitting, email: copyright@interviewstream.com, fax: 215.359.1656. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to InterviewStream customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.
If you believe that your Content that
was removed (or to which access was disabled) is not infringing, or that you
have the authorization from the copyright owner, the copyright owner’s agent,
or pursuant to the law, to post and use the material in your Content, you may
send a counter-notice containing the following information to the Copyright
Agent:
·
Your
physical or electronic signature;
·
Identification
of the Content that has been removed or to which access has been disabled and
the location at which the Content appeared before it was removed or disabled;
·
A
statement that you have a good faith belief that the Content was removed or
disabled as a result of mistake or a misidentification of the Content; and
·
Your
name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in the Eastern District of
Pennsylvania, and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If
a counter-notice is received by the Copyright Agent, InterviewStream may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed Content or cease disabling it in ten (10)
business days. Unless the copyright
owner files an action seeking a court order against the Content provider,
member or user, the removed Content may be replaced, or access to it restored,
in ten (10) to fourteen (14) business days or more after receipt of the
counter-notice, at InterviewStream’s sole discretion.
11.
Software
InterviewStream software (“Software”)
is hosted by InterviewStream and accessed over the Internet. In that
event, InterviewStream agrees to provide you with a limited, personal,
non-exclusive, non-transferable, non-sublicensable license to use the Software
in accordance to these Terms of Service.
You may not use the Software for anything other than as intended by InterviewStream
in connection with your use of the Site and/or the Services. You may not
use the Software with any device, program or service designed to circumvent
technological measures employed to control access to, or the rights in, a
content file or other work protected by copyright laws. All rights not
expressly granted by InterviewStream are hereby reserved. You agree not
to take any action to interfere with InterviewStream’s ownership of or rights
in the Software. You agree that, unless otherwise permitted in this
license or by law, you will not: (a) reproduce, republish, display, frame,
download, distribute, or transmit the Software, (b) to the extent permitted
under applicable law redistribute, encumber, sell, rent, lease, loan,
sublicense, assign, or otherwise transfer rights to the Software, (c) modify or
create any derivative works based on the Software, including customization,
translation, or localization, (d) copy, reproduce, reuse in another product or
service, modify, alter, or display in any manner any software or files, or
parts thereof, included as part of the Software, (e) except to the extent
expressly permitted by law, decompile, disassemble, reverse engineer, or
otherwise attempt to derive the source code of the Software, or in any way
ascertain, decipher, or obtain the communications protocols for accessing the
Software, or the underlying ideas or algorithms of the Software, (f) create or
use any software other than as authorized by InterviewStream to access the
Software, (g) attempt to gain unauthorized access to the Software or to any
account, application, platform, computer system or network associated with the
Software, (h) use the Software in any way that violates these Terms of Service,
or any other agreements between you and InterviewStream, or any law, and (i)
remove or alter any trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in or on the Software or associated with the Site
and/or the Services.
12.
Suspension or Termination of Your Account
You
agree that InterviewStream may suspend or terminate your access to the Site
and/or the Services without notice if: (a)
InterviewStream determines that you have violated these Terms of Service, or
(b) InterviewStream is required to do so by any court or government authority
in any country. You agree that the Site
and/or the Services are not intended to act as an indefinite video or
information repository and, therefore, InterviewStream may, upon such
termination, deactivate or delete your account and any related data,
information, and files, and bar any further access to such data, information,
and files. Such action may include, among other things, accessing your
Content or data and/or discontinuing your use of the Site and/or the Services
without refund or compensation. InterviewStream will issue a refund when
appropriate. You agree that InterviewStream
has no obligation to monitor your use of the Site and/or the Services but has
the right to do so to ensure your compliance with this Agreement, or to comply
with any law, order, or requirement of any court or government authority in any
country.
These
Terms of Service continue to apply to you even after you are no longer using
the Site and/or the Services.
13.
Use of Your Name and Logo
You agree that InterviewStream may use
the name, logo and other trademarks or service marks of any interviewing
company to create a co-branded Services website as part of the delivery of the
Services.
14.
Warranty Disclaimer
YOU AGREE THAT USE OF THE SITE AND/OR THE
SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE SITE AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. INTERVIEWSTREAM AND ITS DIRECTORS, OFFICERS,
EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND/OR THE SERVICES AND YOUR USE THEREOF
INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
INTERVIEWSTREAM MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S AND/OR THE
SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND/OR SERVICES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES, (V) ANY BUGS,
VIRUSES, TROJAN HORSES AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR SITE AND/OR SERVICES BY ANY THIRD PARTY, OR (V) ANY LOSS OR DAMAGE TO
CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR
OTHERWISE MADE AVAILABLE VIA THE SITE AND/OR SERVICES. INTERVIEWSTREAM DOES NOT WARRANT, ENDORSE,
GUARANTEE OR ASSUM RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND/OR SERVICES OR ANY
HYPER-LINKED SITES OR SERVICES, AND INTERVIEWSTREAM WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
INTERVIEW COMPANIES.
Some states do not allow the disclaimer
of implied warranties in some circumstances, so if the laws of such a state
apply to your dealings with us and if the requisite circumstances exist in your
case, then some portion or all of the foregoing disclaimer may not apply to
you. The law of warranty varies from
state to state and the law applicable in your particular case may give you
specific legal rights.
15.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
INTERVIEWSTREAM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND
AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS
OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND/OR THE
SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT INTERVIEWSTREAM OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, REPRESENTATIVES OR AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
YOU AGREE THAT THE LIABILITY OF
INTERVIEWSTREAM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND
AGENTS FOR ANY CLAIM WILL BE LIMITED TO, WITH RESPECT TO INTERVIEWING
COMPANIES, THE AMOUNT PAID BY SUCH INTERVIEWING COMPANY TO INTERVIEWSTREAM FOR
THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR
CIRCUMSTANCES GIVING RISE TO SUCH CLAIM OR, WITH RESPECT TO ANY OTHER PARTY,
ONE HUNDRED U.S. DOLLARS ($100.00).
The foregoing limitations of liability
shall apply to the fullest extent permitted by law in the applicable
jurisdiction.
The Site and/or the Services is
controlled and offered by InterviewStream from its facilities in the United
State of America. InterviewStream makes
no representations that the Site and/or Services is appropriate or available
for use in other locations. Those who
access or use the Site and/or the Services from other jurisdictions do so at
their own volition and are responsible for compliance with all local laws,
statutes, rules, regulations and codes.
16.
Indemnity
To the extent permitted by applicable
law, you agree to defend, indemnify and hold harmless InterviewStream and its
directors, officers, employees, representatives and agents (the “InterviewStream
Indemnified Parties”) from and against any and all claims, actions,
lawsuits, damages, obligations, losses, liabilities, costs or debt, and
expenses (including, but not limited to, reasonable attorneys’ fees) (collectively,
“Losses”) arising out of or related to or in connection with (a) your
use of and access to the Site and/or the Services, (b) your violation, breach
or default of any term of these Terms of Service, (c) your violation of any
third party right including, but not limited to, any patent, trademark, service
mark, copyright, trade secret, property or privacy right, or (d) any claim that
your Content caused damage to a third party.
In addition to the foregoing indemnity,
each interviewing company agrees to defend, indemnify and hold harmless each of
the InterviewStream Indemnified Parties from and against any and all Losses
arising out of or related to or in connection with (a) claims by an applicant
or third party based on allegations relating to any interview or such applicant’s
or third party’s use of the Services, (b) any acts or omissions of the
interviewer including, but not limited to, claims that the interviewing
company’s employment, interview or other hiring practices are discriminatory or
otherwise unlawful, (c) the applicant selection process, or (d) the selection
or non-selection of employees and/or contractors pursuant to an interview.
17.
Miscellaneous
·
Nothing
in these Terms of Service shall be deemed to confer any third party rights or
benefits.
·
Regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to or in connection with the use of the Site and/or the Services
or these Terms of Service must be filed within twelve (12) months after such
claim or cause of action arose or be forever barred.
·
These
Terms of Service (including the Privacy Policy) constitute the entire agreement
between InterviewStream and you with respect to your access to and use of the
Site and/or the Services and supersedes all prior and/or contemporaneous
agreements relating to the subject matter contained herein.
·
These
Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by InterviewStream without
restriction.
·
If any provision of this Agreement shall be
declared by any court of competent jurisdiction to be illegal, void or
unenforceable, all other provisions of this Agreement shall not be affected and
shall remain in full force and effect to the extent allowed by law.
·
The waiver by either party of a breach or a
default of any provision of this Agreement by the other party shall not be
construed as a waiver of any succeeding breach of the same or any other
provision, nor shall any delay or omission on the part of either party to
exercise or avail itself of any right, power or privilege that it has, or may
have hereunder, operate as a waiver of any right, power or privilege by such
party.
·
This Agreement shall be governed by, and
construed in accordance with, the laws of the Commonwealth of Pennsylvania,
without regard to its conflicts of laws’ principles. The parties hereby consent to the exclusive
personal and subject matter jurisdiction of the federal and state courts
sitting in the Eastern District of Pennsylvania in any dispute arising under
this Agreement.