TMIA
Job Board and Website Terms of Use
This page, including the Legal Notices and the
Privacy Policy, contains the entire terms and conditions (the "Terms and
Conditions") that apply to your use of The Messaging Industry Association
(“TMIA”) job board services
("Services") and TMIA’s Website (“Site”). By using TMIA’s
Services, you agree to be bound by all of these Terms and Conditions. If you do not agree with these terms and
conditions, do not use the TMIA Site or Services on this Site. The terms
"You" and "User" as used herein refer to all individuals,
entities, members, job seekers, and employers that use TMIA’s
services for any reason.
TMIA’s Services are only
available for use by individuals who are age 18 or over. Only Members of TMIA
may post job listings on the Site. The
Services may not be used by scripts, machines or automated services. TMIA’s Services may
be used only for lawful purposes. You must comply with all applicable local,
state, national and international laws, regulations or conventions, including
without limitation those related to data privacy, international communications,
and exportation of technical or personal data. You may not use the Services for any criminal
or illegal activities or any activities that might be legally actionable.
TMIA reserves the right to determine what constitutes Internet abuse and
objectionable conduct. If TMIA believes,
in its sole discretion, that a violation of these Guidelines has occurred, it
may take responsive action. Such action may include, but not be limited to,
permanent removal of illegal or inappropriate information or content or
suspension or termination of use and access to TMIA services.
Violations of system and network security are prohibited. You may not misuse
system resources including but not limited to employing posts or programs that
consume excessive CPU time or storage space; permitting use of mail services,
mail forwarding capabilities, POP accounts or auto-responders other than for
your own account. If you notice a problem with other users not following these
guidelines, please notify us by contacting tom@tmia.org.
TMIA enables users to post information, data,
text, and other content ("Your Content") to its Site. When you post Your Content on the Site, you
understand and agree that Your Content can be viewed and used by other Users
who visit the Site. You represent and
warrant that you own or otherwise control all of the rights to Your Content and
that use of Your Content by TMIA will not infringe upon or violate the rights
of any third party. Before you use TMIA Services
to post any information or content that is protected by intellectual property
laws, you shall have acquired the legal right to do so from the owner or
authorized licensee of such information or content.
By posting Your Content on the TMIA Site, you hereby grant TMIA a
non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable,
worldwide, royalty-free license to use, distribute, display, reproduce,
perform, modify, adapt, publish, translate and create derivative works from
Your Content in any form, media or technology, whether now-known or hereafter
developed. You also grant TMIA and sub-licensees
the right to use the Member Name that you submit with Your Content for purposes
of attribution. If you do not wish to
have Your Content attributed to you, then you must notify TMIA at tom@tmia.org.
The layout, design, concept and organization
of the TMIA Site and Services are subject to other intellectual property
rights. All rights are reserved.
You acknowledge and agree that TMIA owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology
available on the Services or the Site; and (iv) any and all copyrights,
patents, trademarks and other intellectual property rights therein. Any use of the TMIA Services, Site,
technology, and/or the copyrights, patents, trademarks or other intellectual
property rights, other than as described in this Agreement, is not licensed and
is strictly prohibited.
You agree that you will obtain the express written permission from TMIA before
you copy, upload, transmit, reproduce, distribute or in any way exploit any TMIA
Services, technology and/or the copyrights, patents, trademarks or the other
intellectual property rights, obtained through the TMIA Site. In addition, you agree not to copy the layout,
design, concept and organization of the Site or Services during this Agreement
and for a period of five years after termination. This Agreement does not
constitute a license to use TMIA's trade names,
service marks or any other trade insignia. Any use of TMIA's
trade names, services marks or any other trade insignia shall be subject to TMIA's prior written consent.
Other than providing a passive framework in
which Employer Members can post job offerings, TMIA does not review or verify
the content of postings at its Site. The
Users who participate at TMIA have not been licensed, certified or tested, nor
have they met any requirements.
YOU EXPRESSLY AGREE THAT USE OF TMIA SERVICES IS AT YOUR SOLE RISK. THE SITE
AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
TMIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED ON THE SITE. TMIA DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TMIA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, TRUTHFUL, OR ERROR FREE. TMIA DOES NOT WARRANT THAT THE SITE OR ITS
SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES TMIA MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE
SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR
OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL TMIA, ITS CONTRACTORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT
AVAILABLE ON THE SERVICES ("TMIA"), BE LIABLE TO YOU IN ANY MANNER
WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR
NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE
SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF TMIA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED
BY TMIA SHALL BE TERMINATION OF YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TMIA provides its Services and Site to Users
on the assumption that Users will act professionally and responsibly. If they
do not, Users must bear full responsibility for their actions. As a User, you agree to defend, indemnify, and
hold harmless TMIA, its officers, directors, employees and agents from and
against all claims, demands, actions, suits, damages, liabilities and costs,
including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii)
your use of the Services or the Site; (iii) all conduct and activities
occurring under your user name and password; (iv) any defamatory, libelous or
illegal material contained within Your Content or your information and data;
(v) any claim or contention that Your Content or your information and data
infringes any third party's patent, copyright or other intellectual property
rights or violates any third party's rights of privacy or publicity; and (vi)
any third party's access or use of Your Content or your information and data. TMIA
reserves the right, at its own expense, to participate in the defense of any
matter otherwise subject to indemnification from you, but shall have no
obligation to do so. You shall not settle any such claim or liability without
the prior written consent of TMIA, which shall not be unreasonably withheld.
This Agreement shall be effective for as long
as you use the Services. Either you or TMIA
may terminate this Agreement with or without cause. TMIA may terminate this Agreement immediately
if, based on TMIA's sole judgment, it determines that
you have (i) breached this Agreement or the
Guidelines established for the use of TMIA Services or Site, (ii) infringed or
violated any intellectual property right of TMIA, or (iii) infringed or
violated any intellectual property right or privacy or publicity right of a
third party.
The termination of this Agreement shall terminate your access to the Services. TMIA
shall not be liable to you or to any third party for termination of the
Services for any reason. The termination
of this Agreement does not relieve you of your obligation to pay any Membership
Fees or Assessments accrued or payable to TMIA.
Upon termination of this Agreement, the perpetual license you have granted to TMIA
shall continue. Provisions, which by
their nature would be expected to survive termination, shall survive and remain
in full force and effect in accordance with their terms.
The TMIA site contains links to third party
web sites. These links are provided
solely as a convenience to you and not as an endorsement by TMIA of the
contents on such third-party sites. TMIA
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 sites. If you decide to access
linked third party Web sites, you do so at your own risk.
You agree to abide by
The export control laws of the
Your rights and obligations under this
Agreement shall not be transferred or assigned directly or indirectly without
the prior written consent of TMIA.
If any provision of this Agreement or portion
thereof is held to be invalid or unenforceable, the remaining provisions shall
continue in full force and effect.
You agree that all matters arising from or
relating to the use and operation of the Site and Services shall be governed by
the laws of the State of
TMIA may modify the terms of this Agreement at its sole discretion by posting modifications on its Site. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should terminate your use of the services.