
These Terms of Use include the Skill Profiles Privacy Statement and the Skill Profiles Fee Policy, each of which is incorporated into these Terms of Use by reference. By using SkillProfiles.com, You are indicating your agreement to these Terms of Use, including the Skill Profiles Privacy Statement.
Please read this page carefully. If You do not accept the Terms of Use stated here, do not use the Web Site and the services. By using SkillProfiles.com, You are indicating your acceptance to be bound by the provisions of these Terms of Use. SkillProfiles.Com ("Skill Profiles" or the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
1. Eligibility.
You must be 18 years of age or older to visit or use
SkillProfiles.com in any manner. By visiting SkillProfiles.com or
accepting these Terms of Use, You represent and warrant to the
Company that You are 18 years of age or older, and that You have the
right, authority and capacity to agree to and abide by these Terms
of Use. You also represent and warrant to the Company that You will
use SkillProfiles.com in a manner consistent with any and all
applicable laws and regulations.
2. Use of Skill Profiles Content.
The Company authorizes You to view and access a single copy of the
content available on or from SkillProfiles.com solely for your
personal use. The contents of SkillProfiles.com, and of all other
websites under the Company's control, whether partial or otherwise (SkillProfiles.com
and such other websites are sometimes collectively referred to as
"Skill Profiles Sites") such as text, graphics, images, logos,
button icons, software and other Skill Profiles Content
(collectively, "Skill Profiles Content"), are protected under both
United States and foreign copyright, trademark and other laws. All
Skill Profiles Content is the property of the Company or its content
suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content on the Skill Profiles Sites
are the exclusive property of the Company and protected by U.S. and
international copyright laws. Unauthorized use of the Skill Profiles
Content may violate copyright, trademark, and other laws. You must
retain all copyright, trademark, servicemark and other proprietary
notices contained in the original Skill Profiles Content on any copy
You make of the Skill Profiles Content. You may not sell or modify
the Skill Profiles Content or reproduce, display, publicly perform,
distribute, or otherwise use the Skill Profiles Content in any way
for any public or commercial purpose. The use of the Skill Profiles
Content on any other web site or in a networked computer environment
for any purpose is prohibited. You shall not copy or adapt the HTML
code that the Company creates to generate any Skill Profiles Content
or the pages making up any Skill Profiles Site which is also
protected by the Company's copyright.
3. Skill Profiles Site Restrictions.
Users may not use any Skill Profiles Site in order to transmit,
distribute, store or destroy material, including without limitation
Skill Profiles Content, (a) in violation of any applicable law or
regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive or
hateful.
Users are also prohibited from violating or attempting to violate the security of any Skill Profiles Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Skill Profiles Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses.
The content posting and information database features of
SkillProfiles.com may be used only for lawful purposes by
individuals seeking business services and individuals offering
business services. Skill Profiles may be used only for lawful
purposes by individuals to network for personal or professional
purposes with other individuals.
The Company specifically prohibits any other use of SkillProfiles.com, and all Users agree not to do any of the following: (a) post any information on any Skill Profiles Site for any competitor of Skill Profiles or post information or other content that contains links to any site competitive with Skill Profiles; (b) post content on any Skill Profiles Site that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the skill set or services offered or are otherwise misleading contained in a profile posting are prohibited; (c) post profiles for prostitution or adult escort services on any Skill Profiles Site; (d) use any Skill Profiles Site profile database for any purpose other than as a consumer seeking services or as a individual offer legitimate business services; (e) use Skill Profiles to post or submit to any Skill Profiles Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any Skill Profiles Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available profiles pays commission only and clearly describes the product or service that the profiles seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Skill Profiles Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any Skill Profiles Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Skill Profiles Site other than the search engine and search agents available from the Company on such Skill Profiles Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (l) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Skill Profiles Site; (m) aggregate, copy or duplicate in any manner any of the Skill Profiles Content or information available from any Skill Profiles Site; or (n) frame or link to any of Skill Profiles Content or information available from any Skill Profiles Site.
5. Registration Information.
When You register with any Skill Profiles Site, You will be asked to
provide the Company with certain information including, without
limitation, a valid email address (your "Information"). In addition
to the Terms of Use and any privacy policy applicable to any Skill
Profiles Web Site, You understand and agree that the Company may
disclose to third parties, on an anonymous basis, certain aggregate
information contained in your registration application. The Company
will not disclose to any third party your name, address, e-mail
address or telephone number without your prior consent, except to
the extent necessary or appropriate to comply with applicable laws
or in legal proceedings where such information is relevant.
The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Skill Profiles does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the SkillProfiles.com or any other Skill Profiles Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.
If you cancel your Skill Profiles account, all your account information from Skill Profiles will be removed from Skill Profiles and SkillProfile.com databases and cannot be retrieved once deleted.
6. User Content and Submissions.
You are solely responsible for your Skill Profiles Account
information, Skill Profiles Profile, content, messages or other
information ("User Content") that You submit, publish or display
(hereinafter, "post") on any Skill Profiles Site or transmit to
other Users. By posting User Content to any Skill Profiles Site, You
automatically grant, and You represent and warrant that You have the
right to grant, to Skill Profiles an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute such User Content and to prepare derivative
works of, or incorporate into other works, such User Content, and to
grant and authorize sublicenses thereof.
By posting User Content to any public or non-public area of any Skill Profiles Site, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed any Skill Profiles Site retains any and all rights that may exist in such User Content.
The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of Skill Profiles, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any Skill Profiles Site. The Company reserves the right to expel Users and prevent their further access to the Skill Profiles Sites for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
The following is a partial list of User Content that is prohibited on the Skill Profiles Sites. The list below is for illustration only and is not a complete list of all prohibited User Content:
Any Skill Profiles Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Skill Profiles Networking Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
Skill Profiles reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Skill Profiles Sites and/or terminating the offending User's ability to access the Skill Profiles Sites and/or use Skill Profiles services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services and the Skill Profiles Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your
Skill Profiles Account, Profile, passwords, and your Billing
Account. You shall be responsible for all uses of your Web Site
registrations and passwords, whether or not authorized by You. You
agree to immediately notify the Company of any unauthorized use of
your Skill Profiles Account, Profiles, passwords and your Billing
Account.
8. Special Terms Applicable to Skill Profiles.
(a) Skill Profiles Networking User Levels. The following are the
Skill Profiles User levels:
(b) Termination of Skill Profiles Membership. These Terms of Use will remain in full force and effect while You are a User of Skill Profiles at any level. You may terminate your membership as a Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link on Skill Profiles and following the provided instructions. In addition to other causes of termination set forth above, Skill Profiles may terminate your membership for any reason, effective upon sending notice to You at the email address You provide in your Skill Profiles Account, or such other email address as You may later provide to Skill Profiles. If Skill Profiles terminates your Skill Profiles account membership because You have breached these Terms of Use or is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid.
10. Registration and Password.
You are responsible for maintaining the confidentiality of your
Skill Profiles Account, passwords, and your Billing Account. You
shall be responsible for all uses of your Web Site registrations,
whether or not authorized by You. You agree to immediately notify
the Company of any unauthorized use of your Skill Profiles Account
passwords, and your Billing Account.
11. Identification Of Agent To Receive Notification And
Elements Of Notification Of Claimed Copyright Infringement.
If You believe that your copyrighted work has been uploaded, posted
or copied to any Skill Profiles Web Site and is accessible on such
Skill Profiles Site in a way that constitutes copyright
infringement, please notify us by providing our designated copyright
agent with the following information:
| By telephone: | 1-315-638-8800 |
| By e-mail: | admin@webspingdesigns.com |
12. Policy Regarding Termination Of Users And Account Holders
Who Repeatedly Infringe The Copyright Or Other Intellectual Property
Rights Of Others
Skill Profiles, SkillProfiles.Com, WebSpring Designs, Transamerican
Data Company and all of our affiliated companies respect the
intellectual property of others, and we ask our users, account
holders and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification, public display or
public performance of copyrighted works constitutes infringement of
the copyright owners rights. As a condition to your use of
SkillProfiles.com, You agree not to use SkillProfiles.com or any
other Skill Profiles Site to infringe the intellectual property
rights of others in any way. We will terminate the accounts of any
SkillProfiles.com account holders, and block access to
SkillProfiles.com and/or the other Skill Profiles Sites of any Users
who are repeat infringers of the copyrights, or other intellectual
property rights, of others. We reserve the right to take these
actions at any time, in our sole discretion, with or without notice,
and without any liability to the account holder who is terminated or
to the User whose access is blocked.
13. The Company's Liability.
SkillProfiles.com acts as a venue for individuals to post
information and photos and does not screen or censor the profiles
created. As a result, the Company has no control over the quality,
truth or accuracy of the information posted in profiles or of
profiled individuals or any User Content and makes no
representations about any User Content on SkillProfiles.com.
Skill ProfilesNetworking provides a venue for individuals to network for professional purposes and Skill Profiles does not screen or censor the Skill Profiles Networking Profiles or User Content on SkillProfiles.com. The Company is not involved in the actual communications between Skill Profiles Networking Users. As a result, the Company has no control over the accuracy, reliability, completeness, or timeliness of the Skill Profiles Networking Profiles or User Content submitted on SkillProfiles.com and makes no representations about any Skill Profiles Networking Profile or User Content on SkillProfiles.com.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through SkillProfiles.com and/or the other Skill Profiles Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using SkillProfiles.com and/or the other Skill Profiles Sites.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Skill Profiles Site, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, 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 such disputes.
If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The Skill Profiles Sites and the Skill Profiles Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Skill Profiles Site or the Skill Profiles Content. The use of all Skill Profiles Sites and the Skill Profiles Content is at your own risk. Changes are periodically made to Skill Profiles Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Skill Profiles Sites. Employers are solely responsible for their postings on Skill Profiles Sites. The Company is not to be considered to be an employer with respect to your use of any Skill Profiles Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting profiless on any Skill Profiles Site.
Skill Profiles cannot guarantee and does not promise any specific results from use of SkillProfiles.com or any Skill Profiles Site. No advice or information, whether oral or written, obtained by a User from Skill Profiles or through or from SkillProfiles.com or any other Skill Profiles Site shall create any warranty not expressly stated herein.
14. Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY SKILL PROFILES SITE WILL
OPERATE ERROR-FREE OR THAT ANY SKILL PROFILES SITE AND ITS SERVERS
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF ANY SKILL PROFILES SITE OR THE SKILL PROFILES CONTENT RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE Skill Profiles SITES
AND Skill Profiles CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE SKILL PROFILES CONTENT, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.
15. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON ANY Skill Profiles SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE ANY SKILL PROFILES SITE AND THE SKILL PROFILES CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
16. Limitation of Liability.
SKILL PROFILE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION
WITH ANY SKILL PROFILES SITE OR YOUR USE OF THE SKILL PROFILES
CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT,
TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
17. Links to Other Sites.
SkillProfiles.com and certain other Skill Profiles Sites contain
links to third party web sites. These links are provided solely as a
convenience to You and not as an endorsement by the Company of the
contents on such third-party Web sites. The Company is not
responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of
materials on such third party Web sites. If You decide to access
linked third-party Web sites, You do so at your own risk.
18. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under
these Terms of Use. You also agree not to make any unauthorized
commercial use of any Skill Profiles Site.
19. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its
affiliates, and their respective officers, directors, employees and
agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or
resulting from (i) any User Content or other material You provide to
any Skill Profiles Site, (ii) your use of any Skill Profiles
Content, or (iii) your breach of the terms of these Terms of Use.
The Company shall provide notice to You promptly of any such claim,
suit, or proceeding.
20. General.
The Company makes no claims that the Skill Profiles Content may be
lawfully viewed or accessed outside of the United States. Access to
the Skill Profiles Content may not be legal by certain persons or in
certain countries. If You access a SkillProfiles.com or other
U.S.-based Skill Profiles Sites from outside of the United States,
You do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. These Terms of Use are governed by
the internal substantive laws of the Commonwealth of Massachusetts,
without respect to its conflict of laws principles. Jurisdiction for
any claims arising under this agreement shall lie exclusively with
the state or federal courts within Boston, Massachusetts. If any
provision of these Terms of Use are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver
of any term of these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term. Except as
expressly provided in an additional agreement, additional terms of
use for areas of SkillProfiles.com, a particular "Legal Notice," or
Software License or material on particular Web pages, these Terms of
Use constitute the entire agreement between You and the Company with
respect to the use of SkillProfiles.com. No changes to these Terms
of Use shall be made except by a revised posting on this page.
21. Additional Terms of Use.
Certain areas of SkillProfiles.com and the other Skill Profiles
Sites are subject to additional terms of use. By using such areas,
or any part thereof, You agree to be bound by the additional terms
of use applicable to such areas.
22. Term and Termination
These Terms of Use will remain in full force and effect while You
are a User of SkillProfiles.com at any level. The Company reserves
the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your User Content
from SkillProfiles.com and the other Skill Profiles Sites and
immediate termination of your registration with or ability to access
SkillProfiles.com and the other Skill Profiles Sites and/or any
other services provided to You by the Company, upon any breach by
You of these Terms of Use or if the Company is unable to verify or
authenticate any information You submit to SkillProfiles.com or
other Skill Profiles Site registration. Even after You are no longer
a User of SkillProfiles.com, certain provisions of these Terms of
Use will remain in effect, including Sections 2, 6, 8(c), 11 through
22, inclusive.