Last Updated April 27, 2008

JMJ Media LLC Terms of Use Agreement For jobbank.com

Legal Notice

Please read this Terms of Use Agreement ("Terms and Conditions") as it governs your use of the jobbank.com web site ("The Site").

This agreement is made between JMJ Media LLC ("The Company", "We", "Us", "Our") and the individual or entity ("You", "User") accessing the jobbank.com web site.

If you do not accept this entire agreement, do not access the jobbank.com web site. By accessing the jobbank.com web site or using its services, you agree to be bound to the terms and conditions of this agreement.

We reserve the right to revise this mutual agreement at any time by updating this web page. If you access the site at any time after changes are made to this agreement, you agree to be bound to those changes. We urge you to revisit this page.

Ownership Notice

© 2005 JMJ Media LLC. All Rights Reserved.

All jobbank.com services and content are owned or authorized by JMJ Media. The text, web pages, graphics, images, logos, layouts, data, and code ("site content") are all protected under both the United States and foreign copyright and other laws and are the sole property of JMJ Media. You shall not copy or adapt the code that JMJ Media uses to generate any of the web site content as it is also protected by JMJ Media's copyright.

No portion of the web site content may be modified, reprinted, republished, reproduced, distributed, or sold without the express written permission of JMJ Media. Whether information is posted within the United States or not, your use of jobbank.com transfers ownership of that information in full to JMJ Media. JMJ Media reserves the right to change, disable, or delete any data posted at any time without notice.

Acceptable Use of jobbank.com

  • You may use the jobbank.com web site for legitimate, legal, employment related purposes.
  • You may become a member of the jobbank.com web site if you, in good faith, register using authentic information that identifies you.
  • If you are a registered user, you may use your own username and password to access jobbank.com web site content allowed to you based on levels of service you have purchased or have legitimately been provided to you.
  • You may view no more than 400 resumes and jobposts a day.
  • You may post resumes, jobposts, or other employment related information utilizing jobbank.com web pages as long as information is legal, tasteful, clear, posted in good faith use, and accurately describes you or a valid job. Valid jobs must represent individual openings for traditional, W-2, or 1099 employees. Enough detail must be posted to allow the viewer to be able to accurately ascertain if they should pursue the opportunity you have provided further.
  • If you are the poster of information on jobbank.com, you may copy or forward that information to others as long as you retain the content, formatting, and notices of the jobbank.com web page the information was displayed in. If you are a member of a consulting agency or employment service, you may forward said information with the added requirement that you acquire the consent of the original poster of the information.
  • You may initiate contact with people who have posted resumes or jobposts as long as you are interested in them for the sake of employment purposes and you do not spam or harass them in any manner.

Prohibited Use of jobbank.com

  • If you are under age 13, you may not use jobbank.com.
  • You may not divulge information that would allow others access to your registered account. You are solely responsible for the protection of your account and any damages that occur due to the use of your account or your loss of control over your account. Unless otherwise stated, account sharing is prohibited. If your account security is compromised in any manner, you agree to notify us immediately. You recognize that account information including, but not limited to, username and password may be sent to the email account you have provided and that you take responsibility for the security of this email and the consequences that arise from any loss of security.
  • You may not post information which is or leads to anything illegal, misleading, inaccurate, untimely, demeaning, harassing, vulgar, tasteless, or unrelated to employment. You accept our use of a vulgarity filter and understand that words in text fields which are accidentally or otherwise found by the filter to be offensive may be changed to alternative text. You agree that this will not affect your completed purchase of any service.
  • You may not post information which promotes products or services without our express written consent. You may not post jobs which include but are not limited to: positions requiring a job seeker to purchase products, services, or training; multi-level-marketing positions. You may not post jobs which do not exist or are not verifiably represented by your company.
  • You may not impersonate others during your use of the site or state directly or indirectly that any information or post originated from us.
  • You may not express interest in a posting which you are not willing to consider for employment. If the interest is not reciprocal, you agree to not continue to express interest.
  • You may not post any information related to the adult entertainment industry.
  • You may not delete or revise any information entered by another member. If you find the content of any member offensive, please contact us so we can work towards a better shared experience.
  • You may not use any means to automatically gather, revise, or reuse information found on jobbank.com. You may only use and search jobbank.com using generally available standard third party web browsers and the tools provided on jobbank.com.
  • You may not use any means to disrupt or harm the workings of jobbank.com. You may not use any means to probe, attack, decipher, copy, or reengineer jobbank.com, jobbank.com services, or any of the jobbank.com infrastructure. You not may take any action which creates an unreasonably large amount of load on jobbank.com's infrastructure.
  • You may not do any of the following to jobbank.com: send viruses; spam; post repetitive text; flood; send unsolicited advertising; create email which appears to originate from jobbank.com; do anything which violates good intention usage of jobbank.com.
  • You may not frame or link to any jobbank.com content without JMJ Media's expressed written permission.

JMJ Media's Liability and Warranty

The jobbank.com site is only a venue. As a venue, it allows employers to post job opportunities and candidates to post resumes. The site attempts to facilitate employment matches. Though the jobbank.com infrastructure provides minimal, automated vulgarity screening, we are not under any legal obligation to, and generally do not, control the content added by users of the site. We are not involved in the actual transaction between employers and candidates. As a result, we have no control over the quality, truthfulness, accuracy, safety or legality of information posted. We have no control over the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.

Be aware that there are risks in dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. These risks include but are not limited to the risk of physical harm. You assume all risks associated with dealing with other users with whom you come in contact with through your use of jobbank.com. You are aware that during your use of the site that other peoples' information may be offensive and potentially harmful. Use caution and common sense in your use of the site. Please notify us if you believe there is a problem with posted information.

You understand and agree that you alone are responsible for the content, form, and accuracy of any information you and/or your member account posts on jobbank.com. JMJ Media is not to be considered an employer with respect to employer postings and we are not responsible for any employer decisions or actions. You understand that we do not guarantee the number of people that might view your posting.

The jobbank.com site may include links which point to other company sites. We have no control over what they display or their general policies.

Because user authentication on the Internet is difficult, JMJ Media 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 jobbank.com, in the event that you have a dispute with one or more users, you release JMJ Media as well as JMJ Media agents, employees, and owners 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."

JMJ Media makes no claims that the site should be accessed in any manner outside of the United States or that jobbank.com content is legal in all countries. If you access jobbank.com from outside of the United States , you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The site may contain inaccuracies and errors and will experience downtime. Though some downtime is used to make changes to the site, there may be other failures. JMJ Media makes no representations about jobbank.com's timeliness, accuracy, content, that the site will run error free, or that jobbank.com is virus free. You understand that if the use of the site causes any form of loss or problem, hardware or otherwise, that JMJ Media is not responsible for any direct or indirect costs. You agree to use jobbank.com at your own risk on an "as is" basis without any warranties of any kind. JMJ Media disclaims all warranties, to the fullest extent permitted by the law, whether expressed or implied.

You agree to not hold JMJ Media or its agents, employees, owners, officers, affiliates, suppliers, advertisers, sponsors responsible or liable for damages of any type arising from or related to jobbank.com or its use. You agree that your sole remedy for dissatisfaction with the site or problems arising from the use of the site is to not use the site. The maximum liability to JMJ Media for any possible damages, losses, and causes of action (whether in contract, tort, including without limitation, negligence or otherwise) will not exceed $100.00. You agree to not resell or assign your rights or obligations under these Terms of Use.

Termination, Indemnity, and Damages

JMJ Media reserves the right, at its discretion, to pursue any legal remedies, including but not limited to deletion of your postings from jobbank.com and immediate termination of your account upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you or your account submits to the site.

You agree to indemnify, defend, and hold harmless JMJ Media, its agents, employees, and owners, against any claims, actions, or demands, including without limitation reasonable legal, accounting, or other fees resulting from any material you posted to the site, any content that you use, or any breach of the terms of these Terms and Conditions.

If you violate jobbank.com's Terms and Conditions, you agree to minimally pay JMJ Media $10.00 US for each individual violation of the site. This means, for instance, if you were to use a program to scrape 20,000 job posts from jobbank.com and reuse them elsewhere, you agree to pay JMJ Media $200,000.00 US. Furthermore, you agree to pay for legal fees that JMJ Media might accrue while seeking remedy for your breakage of the Terms and Conditions of the site.

Policy on User Purchase of Services

No refunds. No cancellations. No warranties.

Miscellaneous

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement lie exclusively with the state or federal courts within the State of New Jersey. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of the provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and JMJ Media with respect to the use of jobbank.com.