These Terms constitute a binding agreement between You and Whodoo, LLC. , and are deemed accepted by You each time that You use or access any Whodoo Site or Service. If You do not accept the Terms stated here, do not use the Whodoo Site and Services.
The Whodoo Site includes a variety of features and services, including an on-line service to post and search employment opportunities. The Whodoo Site also allows Users to create individual profiles, which may include personal information, and to make these Profiles, or aspects thereof, public.
Whodoo may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Whodoo Sites suspended or terminated, at Whodoo’s discretion.
You must be 18 years of age or older to visit or use any Whodoo Site in any manner.
1. Use of Whodoo Content.
Whodoo authorizes You, subject to these Terms, to access and use the Whodoo Site and the Whodoo Content (as defined below) and to download and print a single copy of the content available on or from the Whodoo Site solely for Your personal, non-commercial use. The contents of the Whodoo Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content (collectively, "Whodoo Content"), are protected under copyright, trademark and other laws. All Whodoo Content is the property of Whodoo. The compilation (meaning the collection, arrangement and assembly) of all content on the Whodoo Site is the exclusive property of Whodoo and is protected by copyright, trademark, and other laws. Unauthorized use of the Whodoo Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Whodoo Content on any authorized copy You make of the Whodoo Content.
Any code that Whodoo creates to generate or display any Whodoo Content or the pages making up any Whodoo Site is also protected by Whodoo's copyright and You may not copy or adapt such code.
You may not use any of the Whodoo Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing Whodoo Content on any Internet, Intranet or Extranet site or incorporating the Whodoo Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. Use of the Whodoo Services.
The opportunity posting, profile database and other features of the Whodoo Site may be used only by individuals seeking employment and/or career information and by employers seeking employees.
All Whodoo Users agree to not:
b) take any action that imposes an unreasonable or disproHportionately large load on the Whodoo Site infrastructure;
c) use any device to navigate or search the Whodoo Site other than the tools available on the Site, generally available third party web browsers, or other tools approved or provided by Whodoo;
d) use any data mining, robots or similar data gathering or extraction methods;
e) violate or attempt to violate the security of the Whodoo Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
g) aggregate, copy or duplicate in any manner any of the Whodoo Content or information available from the Whodoo Site, including expired opportunity postings, other than as permitted by these Terms;
h) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
i) post any resume or apply for any opportunity on behalf of another party;
j) defer any contact from an employer to any agent, agency, or other third party;
k) set more than one copy of the same resume to public at any one time;
l) share with a third party any login credentials to the Whodoo Site;
m) access data not intended for You or logging into a server or account which You are not authorized to access;
n) post or submit to the Whodoo Site any incomplete, false or inaccurate biographical information or information which is not Your own;
o) create or maintain more than one User account on Whodoo
p) post content that contains restricted or password-only access pages, or hidden pages or images;
q) solicit passwords or personally identifiable information from other Users;
r) delete or alter any material posted by any other person or entity;
s) harass, incite harassment or advocate harassment of any group, company, or individual;
t) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
u) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Whodoo Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
v) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
w) use the Whodoo Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or opportunity posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Whodoo's discretion.
Violations of system or network security may result in civil and/or criminal liability. Whodoo 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.
3. Additional Terms Applicable to Employers.
You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Whodoo Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Whodoo of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on the Whodoo Sites. Whodoo is not to be considered to be an employer with respect to Your use of any Whodoo Site and Whodoo shall not be responsible for any employment decisions, for whatever reason, made by any entity posting opportunities on any Whodoo Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Whodoo, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Whodoo's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Whodoo's web servers.
An Opportunity posting may not contain:
a) any hyperlinks, other than those specifically authorized by Whodoo;
b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the opportunity being presented, as determined in Whodoo’s reasonable discretion;
c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Whodoo;
d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
e) more than one opportunity or opportunity description, more than one location, or more than one opportunity category, unless the product so allows;
f) inaccurate, false, or misleading information; and
g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Whodoo Opportunity posting(s) to:
a) post opportunities in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
b) post opportunities that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
c) post opportunities that include any screening requirement or criterion in connection with an opportunity posting where such requirement or criterion is not an actual and legal requirement of the posted opportunity;
d) post opportunities or other advertisements for competitors of Whodoo or post opportunities or other content that contains links to any site competitive with Whodoo;
e) sell, promote or advertise products or services;
f) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
g) post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
h) post any business opportunity that pays commission only unless the posting clearly states that the available opportunity pays commission only and clearly describes the product or service that the opportunity seeker would be selling;
i) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
j) post opportunities on the Whodoo Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
k) advertise sexual services or seek employees for opportunities of a sexual nature;
l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
m) endorse a particular political party, political agenda, political position or issue;
n) promote a particular religion;
o) post opportunities located in countries subject to economic sanctions of the United States Government; and
p) except where allowed by applicable law, post opportunities which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Whodoo reserves the right to remove any opportunity posting or content from the Whodoo Site, which in the reasonable exercise of Whodoo's discretion, does not comply with the above Terms, or if any content is posted that Whodoo believes is not in the best interest of Whodoo.
If at any time during Your use of the Whodoo Services, You made a misrepresentation of fact to Whodoo or otherwise misled Whodoo in regards to the nature of Your business activities, Whodoo will have grounds to terminate Your use of the Whodoo Services.
Use of the Whodoo Pofile Database by Employers
You shall use the Whodoo Profile Database as provided in these Terms and in any contract You have with Whodoo. You shall use the Whodoo Profile Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Whodoo Profile Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Whodoo Profile Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Profile Database login credentials with any other party, nor share Profile Database pay-per-view license login credentials with any party.
The Whodoo Profile Database shall not be used:
a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted);
In order to ensure a safe and effective experience for all of our customers, Whodoo reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Whodoo's sole discretion from time to time.
4. Additional terms applicable to Opportunity Seekers.
When You register with any Whodoo Site, You will be asked to create an account and provide Whodoo with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person.
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 Whodoo Site.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Whodoo account or Your Whodoo account is terminated, all Your account information from Whodoo, including resumes, Profiles, cover letters, saved opportunities, questionnaires will be marked as deleted in and may be deleted from Whodoo's databases and will be removed from any public area of the Whodoo Site. Information may continue to be available for some period of time because of delays in propagating such deletion through Whodoo's web servers. In addition, third parties may retain saved copies of Your Information.
Whodoo reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Whodoo Site ("User Content") is the sole responsibility of the person from which such User Content originated. Whodoo claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Whodoo and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Whodoo, you grant Whodoo a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through Whodoo. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Whodoo a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Whodoo and its services. Whodoo will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Whodoo. Whodoo reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of the Whodoo Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Whodoo Site retains any and all rights that may exist in such User Content. Whodoo may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Whodoo Site. Whodoo reserves the right to expel Users and prevent their further access to the Whodoo Site and/or use of Whodoo Services for violating the Terms or applicable laws, rules or regulations. Whodoo may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Whodoo, damage Whodoo's brand or public image, or cause Whodoo to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Whodoo does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Whodoo endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Whodoo Site and is accessible on such Whodoo Site in a way that constitutes copyright or trademark infringement, please contact the Chief Operating Officer who we have designated as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the Whodoo Site. You can contact the COO as follows:
Chief Operating Officer
PO Box 11345
Bozeman, MT 59719
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Whodoo respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Whodoo Site, You agree not to use any Whodoo Site to infringe the intellectual property rights of others in any way. Whodoo reserves the right to terminate the accounts of any Users, and block access to the Whodoo Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Whodoo reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Chief Operating Officer as set out above.
8. Whodoo's Liability.
The Whodoo Site acts as, among other things, venues for (i) employers to post opportunities and search for and evaluate opportunity candidates and (ii) candidates to post resumes and Profiles and search for and evaluate opportunities. Whodoo does not screen or censor the listings, including Profiles offered. Whodoo is not involved in the actual transaction between employers and candidates. As a result, Whodoo is not responsible for User Content, the quality, safety or legality of the opportunities or resumes posted, the truth or accuracy of the listings, the ability of employers to offer opportunities to candidates or the ability of candidates to fill opportunity openings and Whodoo makes no representations about any opportunities, resumes or User Content on the Whodoo Site. While Whodoo reserves the right in its sole discretion to remove User Content, opportunity postings, resumes or other material from the Whodoo Site from time to time, Whodoo does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
The Whodoo Sites and the Whodoo Content may contain inaccuracies or typographical errors. Whodoo makes no representations about the accuracy, reliability, completeness, or timeliness of the Whodoo Site or the Whodoo Content. The use of all Whodoo Sites and the Whodoo Content is at Your own risk. Changes are periodically made to Whodoo Sites and may be made at any time. Whodoo cannot guarantee and does not promise any specific results from use of the Whodoo Site. No advice or information, whether oral or written, obtained by a User from Whodoo or through or from any Whodoo Site shall create any warranty not expressly stated herein.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, WHODOO DOES NOT WARRANT THAT ANY WHODOO SITE OR ANY WHODOO SERVICES WILL OPERATE ERROR-FREE OR THAT ANY WHODOO SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WHODOO SITE OR THE WHODOO CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WHODOO IS NOT RESPONSIBLE FOR THOSE COSTS. THE WHODOO SITES AND WHODOO CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WHODOO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHODOO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WHODOO CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL WHODOO, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY WHODOO SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WHODOO SITE AND THE WHODOO CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHODOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, WHODOO'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WHODOO'S SITE OR YOUR USE OF THE WHODOO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Whodoo Site.
You agree to defend, indemnify, and hold harmless Whodoo, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Whodoo Site, (ii) Your use of any Whodoo Content, or (iii) Your breach of these Terms. Whodoo shall provide notice to You promptly of any such claim, suit, or proceeding.
Whodoo makes no claims or representations that the Whodoo Content may be lawfully viewed or accessed outside of the United States. Access to the Whodoo Content may not be legal by certain persons or in certain countries. If You access any Whodoo Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Whodoo Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, 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 Boston, Massachusetts. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Whodoo's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Whoodo's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Whodoo Sites, a particular "Legal Notice," or software license or material on particular pages on the Whodoo Sites, these Terms constitute the entire agreement between You and Whodoo with respect to the use of the Whodoo Sites. No changes to these Terms shall be made except by a revised posting on this page.
15. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Whodoo Site. Whodoo reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Whodoo Sites and immediate termination of Your registration with or ability to access the Whodoo Sites and/or any other services provided to You by Whodoo, upon any breach by You of these Terms or if Whodoo is unable to verify or authenticate any information You submit to a Whodoo Site registration. Even after You are no longer a User of the Whodoo Sites, certain provisions of these Terms will remain in effect.
Update effective May 28, 2012.