VIDCRUITER TERMS OF USE AND PRIVACY POLICY

CLIENT VERSION

THESE TERMS OF USE AND THE PRIVACY POLICY FOUND BELOW GOVERNS YOUR USE OF THE SITE IF YOU ARE A PROSPECTIVE EMPLOYER OR RECRUITMENT AGENCY (“CLIENT/YOU/SERVICE PROVIDER”) AND PROVISION OF SERVICES THROUGH WWW.VIDCRUITER.COM (THE “WEBSITE”). PLEASE READ THESE TERMS OF USE CAREFULLY.

BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

Service Overview. VIDCRUITER connects Clients with individuals who register to use our Website (“Candidates”) in order to fill certain job vacancies. The VIDCRUITER service facilitates the submission of Candidates’ job applications, including the online recording of text, audio and video responses to interview questions selected by Clients along with reference checking (the “Service”). The Service utilizes six dynamic products, including, VidTracking, VidInterviewing, VidReferencing, VidTrainer, and VidHiring as further described on the Website (the “VIDCRUITER Offerings”).

1. Registering as an Employer. In order to be listed as an Employer and fully use the Website and Service, Clients must fill out the registration form on the Website and pay the applicable subscription fees. To register, Clients will be required to provide the following information: contact business email address, company name, and telephone number. Fees are non-refundable. Any personal information provided by Clients will be stored in accordance with our Privacy Policy which is set out below and which should be read carefully.


2. Your Conduct. You acknowledge and agree that You are solely responsible for any information or advice that You provide using the Website and/or Service and any action You may take with respect to any Applications, and you further represent and warrant that You will only provide information that is appropriate and accurate. In addition, You acknowledge that You are responsible for your use of the Services including any content you post on the Website or through the Services (“User Content”).



In using the Website and Service You agree that You will not:

a. copy or distribute any part of the Website or Service (including any User Content shared with You) without VIDCRUITERS prior consent and the consent of the User (in the case of Candidates’ content);

b. utilize Direct Link Access Service which enables anyone who has the link access to the content at the link without inputting a password (the “Direct Link Access Service”) unless You include specific releases and indemnities absolving VIDCRUITER from any potential claims or liability relating to the use of Direct Link Access Service;

(c) alter or modify any part of the Website or Service;

(d) upload, post, email, transmit or otherwise make available on the Website or through the Service:

i. any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,

ii. any falsehoods or misrepresentations including statements that create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm Candidates in any way;

iii. any advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, excluding legitimate job postings on Your public page on the Website;

iv. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Candidates or visitors to the Website or that compromises a User’s privacy;

(e) impersonate any person or entity or misrepresent their affiliation with a person or entity;

(f) interfere with or disrupt the Website and/or Service or servers or networks connected to the Website and Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and Service or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(g) collect or store personal information about Candidates or viewers except for information shared with You directly by Candidates, in which case You shall only collect or store such personal information in accordance with all applicable laws; or

(h) resell the content of the Website or Service, the use of the Website or Service or access to the Website or Service.

3. Your Responsibilities. Clients acknowledge that it is their responsibility, and not that of VIDCRUITER, for:

a. ensuring that the process as well as all questions (even samples provided by VIDCRUITER) are legal in their jurisdiction;

b. any claims relating to any hire/no hire decision made by You;

c. any decision to hire/not hire and the results of the VIDCRUITER process should not be taken as a recommendation either way;

d. ensuring that Your hiring process is not discriminatory, including making alternate interview methods available to any applicant that is not able to conduct an interview through the VIDCRUITER process for any legally protected reason;

e. implementing Your own terms of use and privacy policy governing Your relationship with Candidates;

f. including within Your terms of use and privacy policy provisions making it clear that You, not VIDCRUITER is responsible for any claims or liabilities relating to Your use of the Services (including Direct Link Access Services and processing of Candidate data);

g. any claims relating to equitable estoppel and/or privacy laws; and

h. having a privacy policy to govern Your relationship with Candidates and Your failure to provide an adequate privacy policy is solely your concern and you will be responsible for indemnifying VIDCRUITER in relation to any claims arising as a result of your failure to comply with any of the terms of this Section 3.

4. Feedback: Website and/or Service. If You provide VIDCRUITER with any suggestions, comments or other feedback ("Feedback") relating to the Website and/or the Service, VIDCRUITER may use such Feedback on the Website or Service. Accordingly, You agree that: (a) VIDCRUITER is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or the proprietary information of You or any third party, and You have all of the necessary rights to disclose the Feedback to VIDCRUITER, (c) VIDCRUITER (including all of its successors and assigns} may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in which case You shall not be entitled to receive any compensation or re-imbursement of any kind from VIDCRUITER.


5. Links to Third-Party Websites. The Website or Service may contain links to other websites that are not owned or controlled by VIDCRUITER. VIDCRUITER is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-VIDCRUITER websites does not imply that VIDCRUITER endorses or accepts any responsibility for the content or use of such websites.


6. DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE and SERVICE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, VIDCRUITER DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED; OR (IV) THIS WEBSITE and SERVICE and THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIDCRUITER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. VIDCRUITER DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR SERVICE OR FOR ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR SERVICE OR IS FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR SERVICE. VIDCRUITER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY UNLESS EXPRESSLY ACKNOWLEDGED BY VIDCRUITER IN WRITING. Information sent or received over the Internet is generally unsecure and VIDCRUITER cannot and does not make any representation or warranty concerning security of any communication to or from the Website OR SERVICE or any representation or warranty regarding the interception by third parties of personal or other information.


7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VIDCRUITER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR SERVICE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES; (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR SERVICE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE; (VI) YOUR NON-COMPLIANCE WITH ANY LAW, INCLUDING, WITHOUT LIMITATION, ALL PRIVACY AND EMPLOYMENT-RELATED LAWS; (VII) THE USE OF SAMPLE QUESTIONS PROVIDED BY VIDCRUITER; (VII) YOUR DECISION TO HIRE OR NOT HIRE CANDIDATES; (IX) DISCRIMINATION BY YOU; (X) YOUR FAILURE TO ACCOMMODATE CANDIDATES WITH DISABILITIES; (XI) VIDCRUITER’S USE OF AN EFFECTIVE HIRING PROGRAM (WHICH SHOULD NOT BE RELIED UPON AS THE ONLY PROCESS OR DATA POINT IN MAKING HIRING DECISIONS); OR (XII) ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THIS WEBSITE OR SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF VIDCRUITER HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OR WILL BE SUFFERED BY ANY PERSON OR ENTITY WHATSOEVER. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


8. Release. Because VIDCRUITER does not supervise or control interactions between Candidates and Clients; and because VIDCRUITER cannot guarantee the true identity, age, nationality of Candidates; and because VIDCRUITER has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various information provided through or in connection with the Website and/or Service and the conduct of users of the Website and/or Service, You agree that You bear all risk and you agree to release VIDCRUITER (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) for all liability, actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website or Service, transactions with Candidates or transactions with third parties. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. Without limiting the foregoing, You also acknowledge and hereby release VIDCRUITER from all potential claims, including but not limited to:



a. Claims relating to VIDCRUITERS use of an effective hiring program; and

b. Claims relating to the questions that You ask, even if You use sample questions provided by VIDCRUITER.

9. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD VIDCRUITER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (i) MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE OR SERVICE; (ii) YOUR USE OF THE WEBSITE OR SERVICE IN VIOLATION OF THESE TERMS OF USE; (iii) YOUR USE OF THE DIRECT LINK ACCESS SERVICE; OR (iv) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS, HUMAN RIGHTS, AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).


10. Termination. VIDCRUITER may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website and/or Service or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use (including, without limitation, non-payment of any fees owed in connection with the Website or Service or otherwise owed by You to VIDCRUITER), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website or Service (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities; or (g) non-payment of fees for the Website or Service. You acknowledge and agree that any such termination may be made by VIDCRUITER in its sole discretion and that VIDCRUITER shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website or Service. Any termination of these Terms of Use by VIDCRUITER shall be in addition to any and all other rights and remedies that VIDCRUITER may have.


11. Enforcement of Terms. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of VIDCRUITER to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by VIDCRUITER must be in writing and shall only apply to the specific instance identified in such writing. No waiver by VIDCRUITER of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Service and Your use of this Website or Service, must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.


12. Copyright and Trademark Information. This Website and/or Service, and the information and materials that it contains, are the property of VIDCRUITER and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All VIDCRUITER product names and logos are trademarks or registered trademarks. Nothing contained on this Website or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website and/or Service or any materials displayed on this Website or Service, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of VIDCRUITER. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.


13. Changes to the Service or Website. VIDCRUITER reserves the right to alter the Website and/or Service at any time and for any reason or no reason without any liability to You. If VIDCRUITER suspends or discontinues this Website and/or the Service, thirty (30) days written notice shall be provided. The Website or Service may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. VIDCRUITER may periodically add or update the information and materials on this Website or Service without notice.


14. UPDATES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY VIDCRUITER FROM TIME TO TIME AND THE MOST RECENT VERSION WILL BE POSTED ON THE WEBSITE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE WEBSITE OR SERVICE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE OR SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

LAST UPDATE: December ●, 2012

• Privacy policy
• Copyrights