1. Your Agreement with WESTAF.
(b) In order to use the ArtJob™ Online Service, you must first accept and agree to be bound by these Specific Terms. You can accept and will be bound to these Specific Terms by:
(i) clicking to accept or agree to these Specific Terms when that option is made available to you by WESTAF in any user interface for the Service, or
(ii) your actually using the Service,
or any other means provided by WESTAF or by law.
(c) These Specific Terms may be changed by WESTAF without notice; changes to these Specific Terms will be posted on the web site. Your continued use of the Service after any such change is so posted is your acceptance of and your agreement to the Specific Terms as so changed.
(d) As used in these Specific Terms, “WESTAF” means Western States Arts Federation, a Colorado non-profit corporation, whose principal place of business is at 1743 Wazee Street, Suite 300, Denver, CO 80202, United States, and its subsidiaries and legal affiliates, and “you”, including all of its grammatical forms, refers to the person using the Service and, if that person is acting on behalf of another person or entity, it also refers to and includes that person or entity.
3. Special Privacy and Security Concerns.
The nature and function of the ArtJob™ Online Service is to allow people with a common job interest to connect outside of the internet. To cause those connections to occur, registered users, job seekers and job posters have the ability to disclose personal identifying information, including, among other ways, through uploading resumes and job postings and in making contact outside of the Service.
One way the Service allows users to maintain privacy is through hiding the user’s profile, but doing so will not hide or maintain the confidentiality of any information you publish or upload (collectively, “post”) onto the Service. A profile that was once not hidden and all Information posted onto the Service will be published on the internet and potentially available worldwide forever, even if the user later hides the user’s profile and/or closes the user’s account or removes the information from the Service. All users who post onto the Service are cautioned to use common sense and be aware of the implications, including the potential risk to the user’s personal safety, of disclosing personal identifying information in a public forum. Except for user profiles that have always been hidden, all information posted on the Service is public.
Once you have registered to use the Service, you may access certain portions and functionality of the Service on a free basis. As a registered user, you may search abstracts and limited portions of job postings, you may post (upload) your own resume onto the Service and you may access and use the comment and discussion functions of the blog and forum features of the Service. By completing the registration process for the Service you have agreed to these Specific Terms. Registered users have only the rights to use the Service expressly granted to them by these Specific Terms and all other rights are reserved to WESTAF.
5. Job Seekers.
A “job seeker” is a registered user who has paid a fee to have access for a fixed period of time to the full text of job listings posted on the Service and related functionality (job listings). Fees are a function of the type of job seeker, amount of time for which access is granted and, for group job seekers, the number of its constituents to whom it may grant access to job listings. Fees, length of access to job listings and other applicable restrictions are posted on the Service. Job seekers agree to abide by the Posting Policies, as defined below, and the following policies:
(a) In applying for any job posted on the Service, the job seeker shall have a good faith belief that he or she is qualified for the job and that the job seeker is legally permitted to accept employment.
(b) An individual job seeker will not attempt to or actually re-sell job listings made available to him or her through the Service as a job seeker.
(d) Group job seekers will only permit their constituents to access job listings on the Service and may do so on any additional terms the group job seeker deems appropriate, except such additional terms may not contradict the Agreement and any fee charged to constituents shall not result in any mark-up of the fee paid by the group job seeker other than to cover the group job seeker’s direct administrative costs related to the Service.
6. Job Posters.
A “job poster” is a registered user who has paid a fee to have access to the Service to post job listings and related functionality. Fees are charged based on the type of job poster (commercial or non-profit) and the length of time a job listing for a specific job will remain posted and available to job seekers. Fees are charged on a per position basis and once a position is filled, any posting for another position with the same job description, even if within the original listing period, requires an additional fee. Fees, length of time job listings are accessible and other applicable restrictions are posted on the Service. Job listers agree to abide by the Posting Policies, as defined below, and the following policies:
(a) Job posters acknowledge and agree that job seekers pay a fee to WESTAF to access job listings and that all registrants are given free access to abstracted job listings and/or to some limited portion, e.g., the first 20 words, of job listings.
(b) A job poster shall have a current opening for each job listing on the Service and the good faith intent to fill the position advertised.
(c) All job listings will be for arts related jobs as that term may be interpreted from time to time by WESTAF.
(d) All job listings will be for jobs that are legal to perform.
(e) All job listings shall comply with all applicable laws related to employment practices and job posters will comply with all applicable laws in hiring persons to fill the positions described in the job listings.
(f) Job listings shall not include any opportunities that require any payment for any kind of employment, multilevel marketing, franchise or business opportunity.
7. Posting Policies and Terms.
The following policies (“Posting Policies”) apply to all information inputted to or posted on the Service or web siteby registered users, job seekers and job posters, all of whom agree to abide by the Posting Policies in their use of the Service:
(a) Job seekers and job posters shall comply with the policies applicable to their use of the Service as a job seeker or job poster, respectively.
(b) Resumes posted by registered users and job seekers shall be true and accurate and fairly represent the experience, education, skills and competencies of the person named in the resume.
(c) Information concerning job listings posted by job posters, including, without limitation, the descriptions of the job and the job poster, shall be true and accurate and fairly represent the opportunity presented by the job listing.
(d) Each user posting information on the Service is solely responsible for the content posted to the Service.
(e) No user shall knowingly post false or malicious information on the Service.
(f) Libelous, defamatory, obscene, discriminatory, hateful, abusive, or illegal material may not be posted; hate speech of any kind, including, without limitation, on the basis of race, ethnicity, religion, nationality, gender, sexual preference, age, region, or disability, will not be tolerated.
(g) WESTAF reserves the right to delete, move or edit any information posted by a user on the Service or web site (except job listings and resumes will not be edited, but may be removed or deleted in their entirety) if their content is determined by WESTAF to be violative of any of the foregoing Posting Policies, the information violates any person’s proprietary or privacy rights or, in WESTAF’s sole discretion, doing so will protect WESTAF or any other person from any harm. WESTAF’s failure or decision not to delete, move or edit any information inputted into or posted on the Service or web site shall not give rise to any claim or right in any user or other person.
WESTAF reserves the right to change its Posting Policies at any time with such changes to be effective immediately upon the change being posted on the Service. Any job listing that complied with the current version of the Posting Policies at the time it was posted but does not comply with current Posting Policies may be removed by WESTAF, subject to WESTAF refunding on a pro rata basis the fee paid by the job poster for that job listing.
8. Invoice/Payment Terms.
All payments for fee based services are due prior to the fee based service being made available to the user. Credit card and third party payment returns or charge backs and dishonored checks shall entitled WESTAF to exercise the remedies set forth in section 12 of these Specific Terms as well as to collect interest at 12% per annum on all sums due until paid and to collect its costs of collection, including the amount of reasonable attorney’s fees, it incurs in collecting payments due it for use of the Service.
FEES ARE NOT REFUNDABLE UNDER ANY CIRCUMSTANCE. WESTAF believes that the free access offered to all registered users of the Service is adequate for a user to determine whether fee based services should be purchased. Users are encouraged to explore the free portions of the Service before paying any fees to WESTAF.
9. Customer Service.
Customer service by WESTAF is limited to that described on the Service and web site. Customer service will not include assistance with third party software, internet browser and connectivity issues. The Service will be available at all times, subject to temporary and short term disruptions due to routine service maintenance and upgrade needs to properly maintain the Service and to matters beyond WESTAF’s reasonable control.
10. Blogs and Forums.
(a) WESTAF supports the dissemination of information and conversation about employment in the creative economy, especially among artists. WESTAF implements this support, in part, by hosting blogs and online forums through the Service. Except to the extent WESTAF indicates it is the author of a blog or comment, WESTAF does not endorse or express any opinion about content, including blog contributions, comments and forum discussions, that appears on the blog and forum sections of the Service. User’s thoughts and comments in the form of blogs, blog comments, forum discussion and any uploaded digital content (collectively, “User Comments”) are welcome and accepted in accordance with WESTAF’s Blog and Forum Policies.
(b) The following comprise WESTAF’s Blog and Forum Policies and your agreement with respect to any User Comments:
(i) Blogs are only permitted by the invitation of WESTAF and may be subject to additional or different terms and conditions between WESTAF and the blogger than those set forth in these Policies. The size of User Comments may be limited in WESTAF’s sole discretion.
(ii) You are solely responsible for any User Comments you submit to the Service.
(iii) WESTAF does not and cannot review every User Comment and is not responsible for the content of User Comments. WESTAF has the right to delete, move, or edit any User Comment that, in its sole discretion, it deems is abusive, defamatory, obscene, discriminatory, hateful, in violation of copyright or trademark laws, is otherwise in violation of any person’s rights or is otherwise illegal or unacceptable. WESTAF’s failure or decision not to delete, move or edit any User Comment shall not give rise to any claim or right in any user or other person.
(iv) Malicious conduct is prohibited. You agree not to publish onto the Service any libelous, defamatory, obscene, discriminatory, hateful, abusive, or illegal material. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
(v) Courtesy is required. You agree that you will be courteous and not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam".
(vi) Respectful language shall be used. You agree not to use language that abuses or discriminates on any basis, including, but not limited to, on the basis of race, ethnicity, religion, nationality, gender, sexual preference, age, region, disability, etc.
(vi) Personal attacks are not appropriate and are not permitted. Active discussion and heated debate on the Service are welcome, but personal attacks are a direct violation of these Specific Terms and are grounds for immediate and permanent suspension of access to all or part of the Service.
(vii) Blogs and forums are for non-commercial purposes. The blog and forum section of the Service shall be used only in a noncommercial manner. You shall not, without the express approval of WESTAF, publish on the blog and forum sections of the Service any material containing any solicitation of funds, advertising or solicitation for goods or services.
11. Licenses Granted and Representations by Users.
(a) By inputting or posting any information, including, without limitation, resumes, job listings and User Comments, on or to the Service or web site (“Information”), you grant WESTAF a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to all such Information (the “license”). The license to WESTAF includes, without limitation, the right for WESTAF and its designees and sublicensees to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Information inputted or posted by you on or to the Service or web site.
(b) Information, including uploaded digital content, may be edited, removed, modified, published, transmitted, and displayed by WESTAF, both within and outside the Service, and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
(c) By inputting or posting Information on or to the Service or web site you represent and agree with WESTAF that: (a) you have the right to post and publish such Information, (b) your posting such Information does not violate the rights of any third person, and (c) you are consenting to the display of such Information on the Service and web site and for related online and offline promotional uses.
12. Policy Violations; Nonpayment.
Any Information inputted or posted by a user in violation of a policy either contained in these Specific Terms or posted on the Service or web site by WESTAF, including, without limitation, the Posting Policies and Blog and Forum Policies, any nonpayment by a user of a fee due for a fee based service and any other violation of the Agreement may result in the following actions by WESTAF in its discretion:
(a) the immediate and temporary or permanent suspension of a user’s access to all or part of the Service;
(b) the deletion, editing, moving or removal of all or any part of any Information inputted in to or posted onto the Service or web site; and
(c) legal action by WESTAF against the user seeking injunctive relief, damages or any other remedy to which WESTAF is entitled; in any such legal action, if WESTAF is the prevailing party it shall be entitled to recover from the user its costs and reasonable attorney’s fees in bringing and maintaining the legal action.
13. Errors and Omission; Use at Own Risk.
(a) WESTAF DOES NOT VET OR REVIEW INFORMATION INPUT INTO OR POSTED ONTO OR AVAILABLE THROUGH THE SERVICE. WESTAF DOES NOT WARRANT OR REPRESENT AND SPECIFICALLY DISCLAIMS THAT: (1) ANY INFORMATION IS ACCURATE OR FACTUALLY CORRECT, (2) ANY JOB SEEKER IS APPROPRIATE OR SAFE TO HIRE, IS LEGALLY ENTITLED TO HOLD ANY JOB OR IS COMPETENT IN ANY WAY, AND (3) ANY JOB POSTER HAS AN AVAILABLE JOB, IS AN APPROPRIATE OR SAFE EMPLOYER OR WILL ACT IN A LEGAL OR ETHICAL MANNER.
(b) WESTAF DOES NOT ACCEPT RESPONSIBILITY FOR INACCURACIES IN, USE OF OR CONCLUSIONS ANY USER MAY DRAW FROM ANY INFORMATION, REGARDLESS OF HOW SUCH INACCURACIES MIGHT OCCUR, AND IT IS YOUR RESPONSIBILITY TO ASSURE THE ACCURACY OF ANY INFORMATION AND TO DETERMINE HOW AND IF YOU MIGHT RELY OR ACT UPON THAT INFORMATION. FOR THE FOREGOING REASONS, AND THAT WESTAF HAS NO CONTROL OVER OR KNOWLEDGE CONCERNING YOUR USE OF THE INFORMATION, WESTAF ACCEPTS NO AND SHALL HAVE NO RESPONSIBILITY FOR YOUR USE OF THE INFORMATION AND SERVICE. YOU AGREE THAT THE INFORMATION AND THE SERVICE ARE PROVIDED AS IS AND THAT YOUR USE OF AND RELIANCE ON THE INFORMATION AND SERVICE ARE AT YOUR SOLE RISK.
(c) WESTAF DOES NOT GUARANTEE OR PROMISE THAT JOB SEEKERS WILL FIND JOBS AND DOES NOT GUARANTEE OR PROMISE THAT JOB POSTERS WILL FILL JOBS.
14. Conflicts in Terms.
In the event of any conflict between these Specific Terms and the General Terms, then these Specific Terms shall control and take precedence over the General Terms.