Terms & Conditions Agreement for RollPublic Services
Last Updated: January 3, 2016
RollPublic LLC (“RollPublic”, “us”, or “we”) provides services related to sharing information about employers, salaries, culture and benefits (the “Services”) in through the RollPublic sites, including but not limited to https://www.RollPublic.com, as well as our mobile sites and native apps (the "Sites").
If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.
Please read this Agreement carefully before using the Services or parts thereof. This Agreement is a legally binding agreement between you (the individual using the Services, not on behalf of any Company for which they are used) and RollPublic.
By accessing and using the Services you agree to and will comply with and be bound by this Agreement including all of its terms and conditions. RollPublic reserves the right to change, update or modify this Agreement at any time without prior notice. As a result, you should review this Agreement every time you use any of the Sites. If you do not agree to the terms of this Agreement, you may not use the Sites.
“Content” means any work of authorship or information, including, comments, opinions, postings, messages, text, files, images, photos, e-mail, or other materials.
“User” means any visitor to the Sites or Services.
Term and Termination.
Ownership and Use of Services
Your Grant and Use of the Services Generally. We do not claim ownership in any content that you upload, provide, make available, or otherwise transfer (“post”) on the Services, but to be able to legally provide our Users with the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights, as set forth in the section entitled RollPublic Content, to the Content that we (or our licensors) own and use to provide the Services to you and other Users. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world.
RollPublic Content. The Services contain Content provided by us and our licensors (“RollPublic Content”). We and our licensors own and retain all proprietary rights in the RollPublic Content and we own and retain all property rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print RollPublic Content from the Services solely for your personal use in connection with your use of the Services. Nothing in this Agreement shall does nor shall be interpreted to grant any licenses in any RollPublic Content aside from those expressly granted herein.
Content from Users. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, (a) we are not responsible for any such Content, including advertising and information about third party products or service, (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content and (c) we assume no responsibility and waive any and all liability arising from or related to unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or advertiser. You acknowledge that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users. You are solely responsible for any Content you post to the Services and for the accuracy of such Content. RollPublic takes no responsibility, assumes no liability and disclaims any such liability for any Content posted by you or any third party.
RollPublic User Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
Acceptable Use and Prohibited Conduct
You are solely responsible for any and all Content that you post to the Services and for your interactions with other Users.
Prohibited Content. You will not post any Prohibited Content or use any Prohibited Content in connection with the Services. “Prohibited Content” is Content that:
Prohibited Conduct. You will not:
User Representations. You represent and warrant that:
Lawful Use. You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice.
Third Party Websites
Disclaimer of Warranties
RollPublic endeavors to secure the Sites and Services by utilizing commercially reasonable security practices, but it cannot guarantee that its services will be error-free or completely secure. The Sites and Services and all information, content, materials, products (including any software) and other services included on or otherwise made available to you through the sites are provided by RollPublic on an "as is" and "as available" basis, unless otherwise specified in writing. RollPublic does not guarantee that you will be able to access the sites at any time of your choosing.
To the fullest extent permitted by applicable law, none of RollPublic nor any of its employees, owners, members, managers, partners, spokespersons, affiliates, agents, suppliers, sub-contractors, licensors, successors or assigns, or the predecessors and successors to each of the foregoing, make any warranties of any kind and disclaim all warranties, oral or written, express or implied, as to the information, content, materials, products (including any software) or other services included on or otherwise made available to you through the sites or any warranties arising from course of dealing, course of performance or otherwise including, but not limited to, any warranties of merchantability, fitness for a particular purpose, conformity to any representation or description, warranties that the sites are completely secure, error-free or the information or content contained thereon accurate, or warranties of non-interruption, non-interference or non-infringement, unless otherwise expressly made herein.
RollPublic is not responsible for any of the actions or omissions of its Users, including the Content of their posts to the sites.
RollPublic reserves the right to terminate or suspend your access to the Sites or Services at any time without cause or notice.
You acknowledge that access to the sites will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, "carrier lines") owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond RollPublic’s control. RollPublic assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
RollPublic takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in the communication lines, the internet or your internet service provider ("isp"), computer hardware or software, or any other service or device that you use to access the sites.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, ROLLPUBLIC SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS OR LOST PROFITS, LOSS OF USE, REPUTATIONAL HARM, OR LOSS OF DATA ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, EVEN IF ROLLPUBLIC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Except as expressly required or warranted under this Agreement and if, and to the extent, permitted by law, in no event will RollPublic be liable for failing to provide the sites under any theory of liability, whether in contract, tort, strict liability or otherwise.
RollPublic disclaims any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the sites. You expressly agree that your use of the sites is at your sole risk.
Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of RollPublic’s Sites or Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to one hundred U.S. dollars ($100).
Because some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions or categories of damages, certain of the above exclusions or limitations may not apply to you. In such jurisdictions, RollPublic’s warranties, conditions and liability are limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless RollPublic and our affiliates, officers, members, managers, owners, spokespersons, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) your use or misuse of the sites; (b) any breach by you of any representations, warranties, covenants or agreements contained in this Agreement; (c) the actions of any person gaining access to the sites under a user ID or account assigned to or created by you; (d) the actions of anyone using a user ID or account, password or other unique identifier assigned to you that adversely affects the sites or any information accessed through the system, including but not limited to a security breach; and (e) your negligent or willful misconduct.
You acknowledge that, pursuant to the Digital Millennium Copyright Act (“DMCA”), RollPublic may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion of information or other Content which you provide in or on our Sites or Services violates the notifying party’s or parties’ copyrights. In so doing, RollPublic may elect to remove (or require you to remove) such allegedly infringing information from the Sites and/or RollPublic systems unless you object to the allegation of infringement, in which case RollPublic in its sole discretion may elect to maintain or restore the allegedly infringing information to the Sites and/or RollPublic systems pending the outcome of any litigation or dispute which may be instituted regarding the alleged infringement pursuant to the DMCA. You will cooperate fully with RollPublic to assure compliance with the DMCA upon receipt by RollPublic of any “take-down” notice issued by any third party, and in so doing, to promptly inform RollPublic whether you object to any such “take-down” notice and, if so, whether you will institute litigation, arbitration or other legal process to challenge the allegations of copyright infringement.
Notice and Procedure for Making Claims of Copyright Infringement
RollPublic respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RollPublic’s copyright agent the written information specified below:
RollPublic’s Copyright Agent for notice of claims of copyright infringement on the RollPublic’s Sites can be reached as follows:
c/o Barton LLP
420 Lexington Avenue
ATTN: RollPublic DMCA Copyright Agent
Email notifications may be sent to: dmcaagent@RollPublic.com
Please note that this procedure is exclusively for notifying RollPublic and its subsidiaries that your copyrighted material has been infringed.
Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
Release. To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arises from (i) the actions, including the Content of any posts, of other Users and Third Party Sites or (ii) any of your interactions with other Users and Third Party Sites.
Governing Law, Arbitration and Waiver of Class Action. This Agreement shall be governed by the internal laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. For any disputes not subject to the arbitration provisions below, you will to submit to the personal jurisdiction of the state courts located within New York County and the federal courts in the Southern District of New York.
By entering into this agreement, you and RollPublic are each waiving the right to trial by jury or to participate in a class action lawsuit. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration on an individual basis. The arbitration shall be initiated through an established alternative dispute resolution provider mutually chosen within the sole discretion of RollPublic. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered by any tribunal of competent jurisdiction. You hereby affirmatively consent to the dispute resolution and arbitration process described herein and waive all defenses or objections thereto, whether based on personal jurisdiction, forum, venue, service, or otherwise. Any and all personal appearances related to arbitration will take place in New York County, New York. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or in response or anticipation to any of your breaches of this Agreement in any court of competent jurisdiction. RollPublic shall not be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any injunctive or other equitable remedy referred to in this section and you irrevocably waive any right you may have to require the obtaining, furnishing or posting of any such bond or similar instrument.
YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING AND ACCEPTING THIS TERM, YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST ROLLPUBLIC.
Other. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including” means “including but not limited to”. If any provision of this Agreement shall for any reason be held to be void, voidable or unenforceable, then the remainder of this Agreement shall not be affected thereby, and shall remain in full force and effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, executors, successors and assigns. You may not assign this Agreement without the prior written consent of RollPublic. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements with respect to the subject matter hereof.
Please contact us with any questions regarding this Agreement by e-mailing us at info@RollPublic.com
Copyright/Trademark Information. Copyright © 2016, RollPublic LLc. All rights reserved. RollPublic™ is a trademark of RollPublic LLC. The trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.