MILITARY JOB NETWORKS TERMS OF SERVICE
These Terms of Service (“Agreement”) describes the terms and conditions on which Military Job Networks provides the information, features and services available on or through the Military Job Networks website (collectively, the “Service” or the “Services”) to you, the users of the Service (“you” or “User”). You should read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Services or this Website, you are entering into a legally binding agreement with Military Job Networks. If you do not agree to these terms and conditions, you must not use the Website.
In order to participate in many of the features available on the Service, such as creating a profile, posting job opportunities, connecting with other Users, leaving comments or submitting content, you must create an account and register with us. If you register as a User or otherwise use the Services, you represent and warrant to Military Job Networks that: (i) you are of legal age to form a binding contract; (ii) you will provide Military Job Networks with accurate, current and complete registration information; and (iii) your registration and your use of the Services is not prohibited by law. You are responsible for your own registration and all use of the Services under it. Sharing passwords with any other person is not permitted.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Military Job Networks account; (3) are not a competitor of Military Job Networks or are not using the Services for reasons that are in competition with Military Job Networks; (4) will only maintain one Military Job Networks account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Military Job Networks, including intellectual property rights such as copyright or trademark rights; and (8) (a) are currently an active duty or honorably discharged member of the United States military or a military reserve component, or (b) have been granted access through our employer portal or special access portal.
Proprietary Materials and Ownership.
The Services and the Military Job Networks website and online application are the property of Military Job Networks. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the “Site Content”), and all software embodied in the Military Job Networks website or mobile application or otherwise used by Military Job Networks to deliver the Services (“Software”) is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the “Military Job Networks Property”) is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks MILITARY JOB NETWORKS and MILITARY JOBS NETWORK are registered or unregistered trademarks of Military Job Networks, and they may not be used in connection with any service or products other than those provided by Military Job Networks, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Military Job Networks. The Services may also feature the trademarks, service marks, and logos of Military Job Networks or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
License to Use the Services.
Military Job Networks authorizes you to access, view and use the Services to the extent necessary for your personal, non-commercial use of the Services, subject to the payment of any applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Military Job Networks site. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Military Job Networks site, or any portion of the Military Job Networks site, is strictly prohibited without the prior written permission of Military Job Networks, unless this Agreement otherwise expressly allows you to do so.
You warrant and agree that your use of the Services will be consistent with this Agreement and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to the Services, the Military Job Networks site or your use of them, and in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
You are responsible for obtaining and maintaining the computer and other equipment you use to access the Services, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Services.
In connection with using the Services, you may upload, post, or submit to Military Job Networks, or distribute using Military Job Networks, photographs, text, graphics, video, audio, and other materials and information (collectively, “User Content”). The User Content remains your property, and Military Job Networks does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:
(a) you are publishing and making your User Content publicly available for viewing by third parties on a non-confidential basis, that your User Content may be associated with your Military Job Networks username, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Services, and Military Job Networks shall in no event be liable to you for any use or misuse of your User Content by any third party;
(b) you grant Military Job Networks a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense through multiple tiers, to copy, edit, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using the Services and participation in promotions and advertising of Military Job Networks and its partners.
(c) all users of the Services have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use;
(d) you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by Military Job Networks and Users of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party;
(e) if any royalties are payable to any third party for exploitation of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties;
(f) by providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights; and
(g) You will provide accurate information to us and update it as necessary.
Military Job Networks merely distributes User Content and does not control it. Any opinions, advice, statements, services, offers or other content included within User Content are those of the respective authors or distributors, and not Military Job Networks, and Military Job Networks is not responsible for the accuracy or reliability of User Content. Military Job Networks is under no obligation to edit or control User Content that you and other users post or distribute, and will not be in any way responsible or liable for User Content. Military Job Networks does not vet or control the Users or other individuals that use the Services. You access and use User Content at your own risk, and Military Job Networks shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. Users should exercise caution in interacting with unknown persons that they meet using the Services in the same way that they would exercise caution in the physical world. Military Job Networks will make reasonable effort to verify the military affiliation of its users, but does not have any obligation to verify the identity of the persons subscribing to its services.
Connections and Interactions with other Users.
You are solely responsible for your interactions with other users. Military Job Networks may limit the number of connections you may have to other users and may, in certain circumstances, prohibit you from contacting other users through the use of the Services or otherwise limit your use of the Services. Military Job Networks reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Military Job Networks determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
7.1 You shall not:
(a) Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
(b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
(c) Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
(d) Post any User Content more than once or “spam”;
(e) Post any User Content that contains an endorsement, advertising or promotional material or constitutes commercial activity of any sort;
(f) Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in Military Job Networks’s sole judgment, exposes Military Job Networks or any of their officers, directors, employees or agents to any liability or detriment of any type;
(g) Invite users you do not know to connect to or join Military Job Networks;
(h) Create multiple or false profiles;
(i) Upload a profile image that is not your likeness or a head-shot photo;
(j) Use, upload, post, distribute or transmit or otherwise make available or initiate any content that falsely states, impersonates or otherwise misrepresents our identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
(k) Use, upload, post, distribute or transmit that includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships; or
(l) Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
7.2 You shall not submit, post, upload to, distribute through or otherwise use in connection with the Services any User Content that:
(a) Is libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
(b) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
(c) Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
(d) Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others;
(e) Promotes any goods or services of any competitors to Military Job Networks, or encourages any other users of the Service to become users or Users of any such competitors;
(f) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(g) Is anything other than UNCLASSIFIED information.
7.3 Military Job Networks reserves the right (but is not obligated) to do any or all of the following:
(a) Record User Content;
(b) Investigate any allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform to the terms and conditions of this Agreement;
(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.
Military Job Networks has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Use of the Services is not directed to users under the age of 18. If you are under the age of 18, you are not permitted to register as a User or to send personal information to Military Job Networks.
Third Party Websites.
The Military Job Networks website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Military Job Networks. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Affiliate Marketing Commissions
The Services may, from time to time, discuss products of third parties. In some circumstances Military Job Networks will publish a link to a vendor from whom the products can be purchased. Military Job Networks may receive a commission if you purchase products by using hyperlinks featured on the Service.
Ideas Submitted to Military Job Networks.
Military Job Networks is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services (“Services Comments”), the Services Comments will be deemed, and will remain, the sole property of Military Job Networks. None of the Services Comments will be subject to any obligation of confidence on the part of Military Job Networks, and Military Job Networks will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, Military Job Networks will be entitled to unrestricted use of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
Warranty Exclusions and Limitations of Liability.
Military job networks may pause or interrupt the services at any time, and users should expect periodic downtime for updates to the services. Military job networks expressly disclaims any and all warranties, whether express or implied, including: (I)all warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any and all warranties arising from course of dealing and usage of trade; (ii)that the services and military job networks property will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, and (iii)as to the accuracy or reliability of any information obtained from the services or the copmany property. No advice or information, whether oral or written, obtained by you from military job networks or through the services will create any warranty not expressly stated herein.
Under no circumstances will you be entitled to recover from military job networks any incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the services or the military job networks property, even if military job networks has been informed or should have known of the possibility of such damages.
Military job networks’s maximum liability to you for any damages or liability arising in connection with the services, whether arising in contract, tort (including negligence), strict liability or otherwise, shall be a refund of the amount paid by you for the relevant services. In any event, the maximum aggregate liability of military job networks for any and all damages arising from the services or the military job networks property shall be the amount of $10, whether the claim arose in contract, tort (including negligence), strict liability or otherwise.
Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for certain types of damages, so some of the above limitations or exclusions may not apply to you.
Indemnity; Liquidated Damages
User shall defend, indemnify and hold harmless Military Job Networks against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with User’s use of the Services or User’s breach of any provision of this Agreement. Military Job Networks reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Military Job Networks with respect to such defense and settlement.
Without limitation of any other rights or remedies of Military Job Networks under this Agreement, if you breach this Agreement by conducting any marketing on the Services, including without limitation by including endorsements or advertising in any User Content, Military Job Networks reserves the right to collect from you, as liquidated damages and not as a penalty, a “Prohibited Advertising Charge” of $5,000 for each violation. You acknowledge that the Prohibited Advertising Charge is a reasonable pre-estimate of Military Job Networks’s losses that has been fixed in advance due to the difficulty of calculating the actual losses to Military Job Networks and damage to its reputation in the event of prohibited marketing in User Content. You will pay any Prohibited Advertising Charges promptly after the receipt of an invoice from Military Job Networks.
Digital Millennium Copyright Act.
Military Job Networks complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:
Military Job Networks
Attn: Copyright Office
60 Harvard Way
Boston, MA 2163
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
(g) a physical or electronic signature of the subscriber;
(h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Military Job Networks may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Applicable Law and Jurisdiction; Compliance.
You and Military Job Networks agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of The Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
Suspension; Modifications and Termination
Military Job Networks reserves the right to suspend your password and/or access to the Services at any time if it believes you are in breach of this Agreement. Military Job Networks reserves the right to terminate or modify this Agreement, terminate the Services or modify any features or aspects of the Services, or modify its policies at any time, with or without notice to you. If you use the Services, you shall be bound by the version of the Agreement in effect at the time of your use. You are under an obligation to review the current version of this Agreement and other published Military Job Networks policies before using the Services. Sections 2, 3, 5, 6, 10, 11-19, any accrued rights and remedies, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
In no event shall Military Job Networks be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Military Job Networks’ reasonable control.
Third Party Beneficiaries
The provisions of Sections 2, 3, 5, 6, 10, 11, 12 and this Section 18, of this Agreement are entered into for the benefit of Military Job Networks, its third party licensors, and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
No delay or omission by Military Job Networks in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Military Job Networks of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with which Military Job Networks has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Military Job Networks regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of Military Job Networks. We may assign this Agreement to any purchaser of the Military Job Networks business. This Agreement may be executed electronically, and your electronic assent or use of the Services shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective Date of Terms: May 20, 2015