Terms and Conditions Agreement

Welcome to NightOwlJobs.com, a service of Night Owl Jobs, LLC. This page states the "Terms and Conditions" under which you may use NightOwlJobs.com (the "Web Site"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Night Owl Jobs, LLC (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, 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. Basic Agreement.
   This web site is provided as a venue for job seekers to find work and employers to find job candidates in the Nightlife Entertainment Industry. Job seekers may post resumes, pictures and other relevant information and potential employers or businesses may post job listings in order to locate, evaluate and interact with one another, with such interaction potentially resulting in an employment or other business opportunities between the parties.
2. Eligibility.
   You must be eighteen (18) years old or over to use or view the web site. Use of the service is void where prohibited. By using and/or viewing the web site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms and Conditions of this agreement and that you are at least 18 years old (21 years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) and you are interested in and wish to have access to visual images, verbal and written descriptions that are of a mature nature.
3. Site Blocking Information.
   The Site may be blocked through one of the following links:
   http://www.cybersitter.com
   http://www.cyberpatrol.com
   http://www.surfwatch.com
   http://www.netnanny.com
   If you have any trouble blocking access to this site, or require further information or assistance, you may contact the Company by sending an email. The preceding four links are provided for information purposes only and are not intended as an endorsement. The Company is not affiliated with any of these sites.
4. User Submissions.
   As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is unlawful or that describes unlawful activity; post visual depictions of a mature nature conduct (as defined above in section 3); post visual depictions of persons under eighteen (18) years of age; post links or URLs leading to web sites with unlawful content; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Company acts as a passive conduit 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 material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information 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. By submitting content to any public or non-public area of the Web Site, including job listings, resumes, talent boards, message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicense able (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 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 subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the web site retains any and all rights that may exist in such content. Any HTML code or hyperlinks contained in a job or resume posting submitted by a user will be disabled when such a submission is posted on the web site.
5. Representations and Warranties
   By using and/or viewing the web site you represent and warrant under penalty of perjury the following: (a) That you are an adult, at least 18 years of age (21 years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority). (b) That you will not permit any person(s) under 18 years of age (21 years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials contained within this site. (c) That you understand that when you gain access to the web site, you will be exposed to visual images, and verbal descriptions of a mature nature, which may include graphic visual depictions and descriptions of nudity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in mature nature which, you believe, is both healthy and normal and which, in your experience, average adults in your community generally share. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such mature nature oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. (d) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive mature nature material. (e) That you represent and warrant that you have not and will not use and/or view the Web Site in a restricted location — namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
6. Ownership of Web Site Content.
   The contents of this Web Site, and of all other websites under the Company’s control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are protected under both United States and foreign copyright, trademark and other laws. All Web Site 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 this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose except as expressly provided herein. The use of the Web Site 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 Web Site Content or the pages making up the Web Site. It is also protected by the Company’s copyright.
7. Specific Prohibited Uses.
   General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material, including without limitation Web Site 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. Web Site Security Rules: Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (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 the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) 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. Additional Usage Rules: individuals seeking employment and career information and employers seeking employees and/or independent contractors may use The Web Site only for lawful purposes. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: Posting any resume with incomplete, false or inaccurate biographical information; information that describes unlawful activity; or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Posting any employment opportunity that is unlawful, contains false or inaccurate information, or infringes on the rights of any person or entity. Posting 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 job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, subdistributors or sub-agents. Deleting or revising any material posted by any other person or entity. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site. Taking any action, which imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. Notwithstanding anything to the contrary contained herein, using or attempting 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 the Web Site other than the search engine and search agents available from the Company on the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Web Site. Harvesting email addresses or other contact information from the Web Site for any purpose, including business or commercial solicitations. Framing of or linking to any of the Web Site Content or information available from the Web Site.
8. User Information.
   When you register for the Web 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 and Conditions that may be set forth in any privacy policy on this 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 Policy for further details regarding your Information.
9. Membership, Subscriptions and Billing.
   The Web Site offers various levels of memberships for its users. Basic membership for jobseekers is free. Basic membership includes searching jobs, posting of a resume, accessing jobseeker-related resources, and those areas the Company may designate as free access areas for jobseekers. Jobseekers who wish to have upgraded resume positions may purchase upgraded memberships on a subscription basis. The Web Site also offers enhanced memberships on a subscription basis for users who wish to post job listings and view resumes. Subscription fees are provided to users upon registration and may change from time to time upon electronic notice. Upon subscription to the Web Site, users shall be subject to certain immediate and automatically recurring charges, which shall be billed to the user's credit card, unless the user cancels the subscription under the Terms and Conditions of this Agreement. The charges which a subscribing user will incur, and hereby authorize, are as follows: (a) All paid memberships and other subscriptions shall renew, automatically and without notice, for successive periods of equal length to the initial subscription period, commencing upon the expiration of the initial subscription, and continuing thereafter for successive periods of equal length to the initial subscription period, unless and until this Agreement is canceled by the subscriber or the Company in accordance with the terms hereof. Each period shall be referred to as the "Subscription Period." (b) The company may, at any time and at its sole discretion, cancel any subscription. (c) TO CANCEL AUTOMATIC RENEWAL OF A SUBSCRIPTION AT ANY TIME, THE SUBSCRIBER MUST NOTIFY THE COMPANY AT LEAST FIVE DAYS BEFORE THE SUBSCRIPTION EXPIRES. NOTIFICATION MAY BE MADE BY E-MAIL, TELEPHONE, OR U.S. MAIL AT THE CURRENT EMAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT: Support@nightowljobs.com (d) All cancellations received by the Company will be effective upon receipt. (e) If a user cancels a subscription, or if a subscription is cancelled by the Company, the subscriber's username and password will be removed from the system at the end of the then current subscription period and the subscriber will be entitled to receive the full benefits of the subscription until the end of such period. Subscriber shall not be entitled to any pro-rated or partial refund if the subscriber cancels the subscription before the end of the then current subscription period. The subscriber agrees that if the subscriber cancels at any time after purchasing a subscription to the Web Site, the subscriber will still be charged for the full subscription period. (f) All charges to a user's credit card or debit card for subscription, under the Terms and Conditions of this Agreement, will be made in advance by automatic credit card or debit card debit and user hereby authorizes the Company and its agents to process such transactions on the user's behalf. (g) All charges to user's credit card are nonrefundable. (h) Users understand and agree that subscription to the Web Site will be billed to the subscriber's credit card as "Night Owl Jobs."
10. Registration and Password.
    You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
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 this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information: (a) The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (b) A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (c) Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity; (d) Your name, address, telephone number and, if you have one, your email address; (e) A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (f) A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner. The Company's agent to receive notices of claims of copyright infringement on our web site can be reached by email at: LegalDept@nightowljobs.com
12. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
    Night Owl Jobs, LLC, NightOwlJobs.com, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content providers to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringes 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. Termination.
    The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access this Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site.
14. Disclaimers and Limitation of Liability.
    NightOwlJobs.com is only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not an agency; nor is the Company involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. 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 the Web Site. 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 the Web 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." We are under no legal obligation to, and generally do not, control the information provided by other users, which is made available through the Web Site. 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 this Web Site. The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made to the Web Site 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 Web Site. Employers are solely responsible for their postings on the Web Site. The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site. The "Platinum Owl Seeker verified by the NightOwlJobs.com Network" designation on a resume is not a recommendation or a guarantee by the Company of the identity of anyone you might contact through the Web Site. The "Platinum Owl Seeker verified by the NighOwlJobs.com Network" designation simply means that the job seeker has provided a full name, street address, email address, and credit card account and that this information has been validated as part of a credit card transaction process. The "Platinum Owl Seeker verified by the NightOwlJobs.com Network" designation should not be interpreted as an endorsement by the Company of the performance of a job seeker, nor as a guarantee that a job seeker will be the person who placed the resume or is pictured in the resume. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND WEB SITE 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 NONINFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB 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 THE WEB SITE AND THE MATERIAL, 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.
15. Indemnity.
    You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees and agents (“Indemnified Parties”), from and against any and all claims, actions or demands, for any resulting loss, damage, judgment, award, cost, expense, including attorneys’ fees and costs, arising or resulting from your use of the Company’s Web site and/or the content contained therein or any materials sold thereon or your breach of any of the provisions of this Agreement. You shall also indemnify and hold harmless the Indemnified Parties from and against any and all claims brought by third parties arising out of User’s use of the information contained on this Web site.
16. Links to Other Sites.
    The Web Site contains links to third party web sites. The Company of the contents on such third-party Web sites provides these links solely as a convenience to you and not as an endorsement. 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.
17. No Resale or Assignment.
    You agree not to resell or assign this Agreement or your rights or obligations under these Terms and Conditions.
18. General.
    The Company makes no claims that the Materials may be lawfully viewed or accessed outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site 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 and Conditions are governed by the internal substantive laws of the state of Michigan, 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 the Wayne County, Michigan. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and 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. Except as expressly provided in additional Terms and Conditions for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
19. Additional Terms and Conditions.
    Certain areas of this Web Site are subject to additional Terms and Conditions. By using such areas, or any part thereof, you agree to be bound by the additional Terms and Conditions applicable to such areas. If you have questions or comments, please feel free to contact us Support@nightowljobs.com