Terms of use

Revised: February 23rd, 2017

These Terms of Use are effective immediately for unregistered users and users with registered accounts. These Terms of Use (the "Terms") govern your access to and use of our websites, emails and mobile applications ("Jovid"). These Terms also include our Privacy Policy. By accessing and using Jovid, you agree to comply with these Terms. If you are using Jovid on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have separate agreement with you. You may not use Jovid if you do not agree to the version of the Terms posted on Jovid at the time you access Jovid. Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Eligibility to Use Jovid

A. To access or use Jovid, (1) you must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of Jovid must be under the supervision of a parent or guardian or other responsible adult and (2) you, or (where applicable) the adult supervising your use of Jovid, must have the power and authority to enter into these Terms. Except for an employer’s authorized use of a Recruiter Account, or as otherwise approved by us, Jovid is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Jovid if we have terminated your account or banned you.

Your Jovid Account

Jovid Account. In order for you to create a Jovid account, we require that you provide a valid email address and set up a password. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Jovid at any time. Social Sign Up and Sign In. You may be able to register an account and subsequently access Jovid through a social networking site, such as Facebook or Google+ ("Social Networking Site"). If you access Jovid through a Social Networking Site you agree that we may access, make available through Jovid, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Jovid via your account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Jovid, personally identifiable information that you post to that Social Networking Site may be displayed on Jovid. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.

Using Jovid

Third-Party Content on Jovid. Content from other users and other third parties is made available to you through Jovid. ("Content") means any work of authorship or information you find on Jovid. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including information about third-party products and services; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users and third parties.

House Rules

You represent and warrant that you will use Jovid solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Jovid ("Your Content"). You agree that by submitting Your Content to Jovid, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of Jovid violates applicable law or any third-party right. You agree that you will not: Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer; Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms; Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation; Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience; Act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by Jovid); Promote, endorse or further illegal activities; Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party; Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner; Solicit personally identifying information from minors; Except as expressly approved by us, use Jovid for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation; Imply a Jovid endorsement or partnership of any kind without our express written permission; Send messages in violation of any applicable anti-spam law; Introduce software or automated agents to Jovid, or access Jovid so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Jovid without our express written permission; “Frame” or “mirror” or otherwise incorporate part of Jovid into any website, or “deep-link” to any portion of Jovid without our express written permission. Copy, modify or create derivative works of Jovid (including Jovid Content) without our express written permission; Copy or use the information, content, or data on Jovid in connection with a competitive service (as determined by Jovid); Sell, resell, rent, lease, loan, trade or otherwise monetize access to Jovid or any Jovid Content without our express written permission; Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Jovid; Interfere with, disrupt, or create an undue burden on Jovid or the networks or services connected to Jovid; Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Jovid; Attempt to circumvent any security feature of Jovid; or Expose us or our users to any harm or liability.

Applying on Jovid.

Some of our job postings allow you to complete and submit your application on Jovid. When you click the "Apply" button to submit an application on Jovid, we send your application to the most appropriate contact information we have on file for that employer. While we endeavor to make this service the best it can be, employer websites are not controlled by Jovid. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.

Links to Third-Party Websites.

Jovid may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Jovid, our terms and policies do not govern your use of third-party websites.

Special Provisions Applicable To Employers

Posting Jobs on Jovid. You may not post any job that: Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property; Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster; Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling); Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position; Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads; Contains multiple job openings in a single job (unless you've purchased a service that permits this); Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Jovid's reasonable discretion.

Enforcement by Jovid

Removal of Content. While Jovid has no obligation to do so, Jovid reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Jovid (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on Jovid that you believe violates our policies, you may report that by contacting us through this website. Once notified, we will review the Content and consider whether to remove or modify it. Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you. Copyright Policy. Please see our Copyright Complaint Policy for information about copyright and trademark disputes. Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content from Jovid (or modifying it); suspending your rights to use Jovid; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you. Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

Rights to Your Content

We do not claim ownership in any Content that you submit to Jovid, but to be able to legally provide Jovid to our users, we have to have certain rights to use such Content in connection with Jovid, as set forth below. By submitting any Content to Jovid, 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 sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Jovid's exercise of the foregoing license. No compensation will be paid with respect to the Content that you post through Jovid. You should only submit Content to Jovid that you are comfortable sharing with others under the terms and conditions of these Terms.

Rights to Jovid Content

Jovid contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Jovid owns and retains all property rights in Jovid. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Jovid solely for your personal use in connection with using Jovid. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Jovid or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Jovid. The trademarks, logos and service marks ("Marks") displayed on Jovid are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or otherwise arising from your use of Jovid, including due to or arising from your breach of any provision of these Terms.

Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited. You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Jovid. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Jovid, whether caused by users or by any of the equipment or programming associated with or utilized in Jovid. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Jovid or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Jovid. Under no circumstances shall we be responsible for any loss or damage resulting from use of Jovid or from any Content posted on Jovid or transmitted to users, or any interactions between users of Jovid, whether online or offline. Jovid is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Jovid will meet your requirements; (2) Jovid will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Jovid will be accurate or reliable. You hereby release Jovid from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other users of Jovid, or (2) your participation in any of our offline events. IN NO EVENT SHALL JOVID BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF JOVID, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE JOVID GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF JOVID (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED EUROS (€100)

Termination

These Terms remain in effect while you use Jovid and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Jovid, without notice to you, if we believe that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of Jovid. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

Changes to Terms

We may revise these Terms from time by posting an updated version on Jovid and you agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of Jovid is subject to the most current effective version of these Terms.

Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Jovid.

Other.

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Jovid and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of this Agreement is binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Jovid's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to." Please contact us with any questions regarding these Terms by contacting us at help@jovidapp.com.