Welcome to Vimage Builder, operated by Vimage Builder, Inc.
The following definitions apply to this Agreement:
Acceptance of Terms & Conditions
Eligibility and Acceptable Use of Services
Vimage Builder Intellectual Property Rights
The Sites, the Vimage Builder Materials and all right, title and interest in and to the Sites and Vimage Builder Materials are the sole property of Vimage Builder or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Vimage Builder reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Vimage Builder Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Vimage Builder on such Vimage Builder Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Vimage Builder Sites, without the express written consent of Vimage Builder. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Vimage Builder Materials are not considered to be works for hire and you may duplicate such Vimage Builder Materials only for the purposes outlined in the Service Activation Agreement. "Vimage Builder," the Vimage Builder design logo and certain other names or logos are service marks or trademarks of Vimage Builder, and all related product and service names, design marks and slogans are the service marks or trademarks of Vimage Builder. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Vimage Builder trademarks, service marks and copyrights. Any code that Vimage Builder creates to generate or display the Content or the pages making up the Sites is also protected by Vimage Builder copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Vimage Builder Materials on any authorized copy you make of the Content or Vimage Builder Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
License to Use by Users who are Job Seekers
Vimage Builder hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Vimage Builder reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
License to Use by Users who are Employers
Vimage Builder hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Vimage Builder also grants you a limited, terminable, non-exclusive license to use the Vimage Builder Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Vimage Builder to any third party without the express written authorization of Vimage Builder. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Vimage Builder reserves the right to suspend or terminate your access and use at any time if Vimage Builder determines that you are in breach of these Terms and Conditions.
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Vimage Builder a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
Use of Aggregate Data
You understand and agree that Vimage Builder owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Vimage Builder may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
Vimage Builder welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Vimage Builder does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Vimage Builder creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Vimage Builder. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Vimage Builder’ part, and Vimage Builder will not be liable for any use or disclosure of any User Submission. Vimage Builder shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Third Party Providers
You acknowledge and agree that Vimage Builder may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Vimage Builder and its Third Party Providers, Vimage Builder will have sole responsibility for handling all billing and contract negotiations.
Disclaimers and Limitations on Vimage Builder’ Liability.
Allocation of Responsibility
Vimage Builder assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Vimage Builder acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Vimage Builder may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Vimage Builder has no liability or responsibility to Users for performance or nonperformance of such activities. Vimage Builder may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
No endorsements by Vimage Builder
Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
Because User authentication on the Internet is difficult, Vimage Builder cannot and does not confirm that each User is who they claim to be. Because Vimage Builder does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Vimage Builder from claims, demands and damages (actual and consequential and 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 Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Payment of Services upon Termination of Service Activation Agreement
If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then Vimage Builder shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
Links to Other Sites
Vimage Builder contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Vimage Builder of the contents on such third-party web sites. Vimage Builder 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.
Amendments to this Agreement and Changes to Sites
Vimage Builder may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Vimage Builder unless Vimage Builder agrees to them in a signed writing specifically including those new or different terms. Vimage Builder may change the Sites at any time.
You agree to defend, indemnify, and hold harmless Vimage Builder (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Vimage Builder shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Questions and Notices
Questions concerning the use of the Sites should be directed to firstname.lastname@example.org . Notices to Vimage Builder should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Vimage Builder reasonably determines is an appropriate address for you.
Vimage Builder contact information is listed on the Sites. Vimage Builder makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Vimage Builder from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between you and Vimage Builder is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Vimage Builder in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Vimage Builder.
Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
2. Conduct Rules
3. Security Rules:
Vimage Builder provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Vimage Builder respects the intellectual property of others. It is Vimage Builder’ policy to respond to claims of copyright and other intellectual property infringement. Vimage Builder will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Vimage Builder may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Vimage Builder will terminate access for Users who are repeat infringers.
Notifying Vimage Builder of Copyright Infringement
To provide Vimage Builder notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Vimage Builder with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Vimage Builder with a counter notification by written communication to the attention of "Trust and Site Security" at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have a Vimage Builder account. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. Vimage Builder may terminate or suspend your account at any time without notice if Vimage Builder believes that you have breached this Agreement, or for any other reason, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. Vimage Builder is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated, this Agreement will terminate. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.
For any questions or concerns call : (818) 456-7066
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