Cardgigs | Terms of Service

This page contains the Terms and Conditions governing your use of the Cardgigs website and its services. Please read this page carefully. By using this Website, you are indicating your acceptance to be bound by these Terms and Conditions. Cardgigs may revise the Agreement at any time by updating this page. Changes to the Agreement will also be binding on you. Any use of the Cardgigs Website or its services will be considered acceptance by you of the at-that-point-current Terms and Conditions. If at any time you find the Agreement unacceptable, you should no longer use Cardgigs. As used in the Terms of Service, the terms "You" and "User" mean any individual or entity accessing the Cardgigs website.

USE OF MATERIAL

The contents of this website, such as the "look" and "feel" of the website, text, graphics, images, logos, button icons, software and other "Content", are protected under both United States and foreign copyright, trademark and other laws. All Content is the property of Cardgigs or its content suppliers or users or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of Cardgigs and protected by U.S. and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, patent and other laws. If Content is used under “fair use”, you must retain all copyright, trademark, service mark and other proprietary notices contained in the original Content on any copy you make of the Material. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

For those seeking jobs, we granted to you a personal, non-transferable and non-exclusive right to access and use the Content solely for your own personal use in connection with your search for a job and in accordance with these Terms of Service. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity. For those posting jobs, we grant to you a personal, non-transferable and non-exclusive right to access and use the Content for your use solely in connection with seeking qualified candidates for jobs with your organization. All use must be in accordance with these Terms of Service. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through Cardgigs, or sell, assign, sub-license or otherwise transfer any right in such software. By posting a job listing, submitting your resume to Cardgigs or by otherwise using Cardgigs, you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, such job listings, resumes or other content you post on, or input into, Cardgigs ("Your Content") in connection with Cardgigs.

ACCEPTABLE USE OF THE SITE

You may only use Cardgigs to locate job opportunities, obtain career information and seek job candidates. You may not use the Website in order to transmit, distribute, store or destroy material which:

1. Violates any applicable law or regulation.

2. Infringes on the patent, copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others.

3. Is sexually explicit, harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing, hateful or otherwise objectionable.

POSTING RULES

1. You must not:

a. Post, transmit, distribute, store, upload, or destroy material (1) in violation of any applicable local, state, national, or international law or regulation, or (2) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.

b. Post anything that is sexually explicit, obscene, libelous, defamatory, threatening, abusive, vulgar, or hateful, or that which is offensive to another person.

c. Impersonate any person or entity, living or dead.

d. Post advertisements or solicitations of business of any kind.

e. Send any unsolicited advertising, chain letters, promotional materials, or email to Cardgigs users.

f. Change or delete any material posted by another person or entity.

g. Register using an email address that you do not own or have the express permission of the owner to use.

2. Job postings must contain all information relative to the job. Including information encouraging viewers to contact or email for more detail is not permitted. Information regarding charging a fee is not permitted.

3. Job postings must be individual openings for traditional W-2 or 1099 employees. 

4. Resume postings must contain the accurate information of a living person seeking full-time, part-time, or contract employment on her/his own behalf.

Cardgigs is under no obligation to review or confirm the accuracy of any material posted to the Cardgigs website. We do reserve the right to review and reject any information we believe to be contrary to the Terms of Service. We reserve the right to deactivate any account or deny access to Cardgigs for violation of any of the Terms of Service. We accept no responsibility for the accuracy or completeness of any information posted, or the policies or hiring practices of employers. Cardgigs is the sole interpreter of the Terms of Service.

SECURITY RULES

Users must not violate or attempt to violate the security of the Cardgigs Website, including but not limited to:

1. Accessing data not intended for such user or logging into an account or server, which the user is not authorized to access. 

2. Use any devise, software, or method to interfere or attempt to interfere with the proper working of the Cardgigs Website. 

3. Copy or adapt any code that Cardgigs creates to generate its pages. 

4. Attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Website, “flooding”, “spamming”, “mailbombing”, or “crashing”. 

5. Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization. 

6. Sending unsolicited email, advertising, or promotional information. 

7. Forging any TCP/IP packet header or any part of the header information in any email or posting.

Violating system or network security may result in civil or criminal liability. Cardgigs will investigate any such occurrences and cooperate with law enforcement authorities to prosecute such violators.

PRIVACY AND CONFIDENTIALITY

Your password gives you access to non-public areas of the Cardgigs Website. It is your responsibility to maintain the confidentiality of your password and registration information. You are responsible for any and all uses of your registration, whether authorized by you or not.

BILLING TERMS

When opening a Cardgigs account as an Employer, you agree to the following Billing Terms:

1. You authorize Cardgigs to use the payment card information that is provided by you in order to charge it for monthly membership fees, service fees (such as for Resume Search) and overage fees.

2. You certify that the payment card information entered by you on your Cardgigs profile page is either a payment card issued in your name and the account belongs to you; or a business/corporate card you are duly authorized to use. You shall not provide payment card information for which you are not the authorized cardholder or user.

3. In the event your payment card expires or is otherwise invalid, you agree to update your Cardgigs profile with updated valid payment card information if you intend to keep using Cardgigs.

4. In the event that Cardgigs is unable to charge your payment card for its services, your account will be suspended until payment card data is updated. Should my account remain suspended for 30 days, we close your account and will charge a $25 reactivation fee if you should decide that you want to reopen your account. After one use of non-use and non-payment, Cardgigs may purge your entire account from our database without notice, meaning that all information you authored, posted and saved on Cardgigs will be permanently deleted.

5. Job listings will be posted for 30 days, after which they become inactive and they may be reactivated and will count as one new job listing.

DISCLAIMER OF LIABILITY

Cardgigs assumes no responsibility for the truth or accuracy of any information posted to our Website. Website users are solely responsible for the documents they post, their actions and conduct at all times. The Cardgigs services are provided on an “as is” basis, without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Cardgigs assumes no responsibility in dealing with other users with whom you come in contact via the website. Cardgigs is not involved in the dealings between Users of the Website. Consequently, we assume no responsibility for any disputes arising between Users. By agreeing to the Terms of Service, you release Cardgigs, our employees, successors, directors, and assigns from any claims of any kind and nature, known and unknown, arising from such disputes. We do not warrant that the functions offered by Cardgigs will be uninterrupted or error-free, that defects will be corrected, or that the Cardgigs Website or servers are free of viruses or other harmful components. If your use of this Website results in the need to repair or replace equipment or data, we assume no responsibility for these costs. Cardgigs makes no representations or guarantees regarding the accuracy, dependability, completeness, or timeliness of the Website or the Content therein. This includes, but is not limited to, inaccuracies, typographical errors, and broken links, graphics, software, or text. Cardgigs does not guarantee that any material posted to the Website will be viewed by any specific number of Users. We do not guarantee that any material posted by Users will result in the hire of candidates, and are not responsible for any employment decisions made by any User. The Cardgigs Website contains links to third party websites. These sites are not an endorsement by Cardgigs, and we are not responsible for the content of these linked sites. We do not make any representation of the content or accuracy of the material on these websites. If you chose to access these linked websites, you do so at your own risk.

LIMITATION OF LIABILITY

Under no circumstances will Cardgigs be liable for any lost profits, lost wages, incidental or consequential damages, or damages resulting from the use of, or the inability to use, the Cardgigs Website or services. We are not responsible for the use of, or the failure to maintain confidentiality of, the Content by anyone other than us. Our liability to you under all circumstances is limited to $100.

INDEMNIFICATION

You agree to indemnify Cardgigs, its officers, directors, employees, and agents, from all damages, liabilities, costs, charges and expenses, including reasonable attorney and accounting fees that we may incur as a result of your breach of the Terms of Service. We will provide you timely notice regarding any such claim, suit, or proceeding.

GOVERNING LAW

These Terms and Conditions are governed by the laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Santa Clara County, California.