TERMS AND CONDITIONS OF USE

This page states the "Terms and Conditions" regarding the use of the JobSmack website, www.jobsmack.com, and its related services offered by Digital Artist Management, Inc. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. You agree not to assign or otherwise transfer your rights or obligations under these Terms and Conditions to any other person or entity, and you also agree not to make any unauthorized commercial use of this website. These Terms and Conditions may be revised at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

WEBSITE CONTENT

The JobSmack website contains trademarks and other information and material furnished by JobSmack, its partners, and other Users. You should assume that everything you see or read in publicly accessible areas of the website (such as images, illustrations, text and other materials) ("website content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, have modified, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the “website content” in any way for any public or commercial purpose without prior written consent of JobSmack or the rights holder. The use of any “website content” on any other web site or in a networked computer environment for any purpose is also prohibited.

WEBSITE USE

The JobSmack website and related services may only be used for lawful purposes by individuals seeking employment and career information and employers seeking employees. JobSmack specifically prohibits any use of the website or services for unlawful purposes, and all users agree not to use the website for any of the following: (a) posting any incomplete, false or inaccurate information; (b) posting any franchise, pyramid scheme, "club membership" or other business opportunities requiring payment; (c) commissions only positions; (d) positions requiring recruitment of other members, sub-distributors or sub-agents.

You may not: (a) delete or revise any material posted by any other person or entity; (b) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site; (d) take any action which imposes an unreasonable or disproportionately large load on this website’s infrastructure; (e) create derivative versions of any part of the website; or (f) aggregate, duplicate, copy, frame or link to any of the materials or information available from the website.

SPECIFICALLY PROHIBITED USES

Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. JobSmack will investigate occurrences, which may involve such violations, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

USER INFORMATION

When you register to use the JobSmack website, you will be asked to provide certain information including, a valid email address, phone numbers, preferences, etc. (your "Information"). You understand and agree that JobSmack may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application, however, user specific information, such as your name, address, e-mail address or telephone number will not be disclosed to any third party without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Digital Artist Management Inc., reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter. Please consult the Privacy Policy for further details regarding your Information.

JobSmack users are solely responsible for the form, content, and accuracy of any content or information they place on the website. By using the website, you agree that such content and information shall not: (a) be fraudulent; (b) infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy, publicity or other personal rights of any third party; (c) be defamatory, obscene, threatening, abusive, hateful or sexually explicit; (d) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or (f) advertise, promote, offer or describe goods or services prohibited by JobSmack.

JobSmack does not represent or guarantee the truthfulness, accuracy, or reliability of information posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on content posted by other users will be at your own risk. Jobsmack is merely a venue for the online distribution and publication of user-submitted information and has no obligation or responsibility to screen or monitor, in advance, the information posted by users. If notified by a user of information which allegedly does not conform to these Terms and Conditions, JobSmack may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the information. JobSmack has no liability or responsibility to users for performance or nonperformance of such activities. JobSmack reserves the right to remove information which is abusive, illegal, or disruptive and expel users and prevent their further access to the JobSmack website for violating the Terms and Conditions or the law. JobSmack may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes the information creates a potential liability or may cause JobSmack to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the website, including message boards, forums, contests and chat rooms, you grant JobSmack and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any authorized subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.

CONFIDENTIALITY

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify JobSmack of any unauthorized use of your information or password.

LIABILITY

JobSmack is a venue for employers to post job opportunities and job seekers to post profiles and resumes and does not screen or censor the listings offered. JobSmack has limited involvement in the actual transaction between employers and job seekers. As a result, JobSmack has little control over the quality, safety or legality of the jobs, profiles or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to job seekers or the ability of job seekers to fill job openings. In addition, you agree to assume all the risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses, associated with dealing with other users whom you come in contact with through the JobSmack website.

Since user authentication on the Internet is difficult, JobSmack cannot and does not confirm that each user is who they claim to be. Because we are not and cannot be involved in user-to-user dealings or control the behavior of participants on JobSmack.com, in the event that you have a dispute with one or more users, you release JobSmack (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

JobSmack is under no legal obligation to, and generally does not, control the information provided by other users, which is made available through the website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this website.

JobSmack is not considered to be an employer with respect to your use of the website and shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the website.

JOBSMACK DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE INFORMATION THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOBSMACK AND ITS AFFILIATE COMPANIES ARE NOT RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL JOBSMACK, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE INFORMATION THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE WEBSITE AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOBSMACK, 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. JOBSMACK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. JOBSMACK’S ENTIRE AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR THE INFORMATION THEREIN SHALL BE LIMITED TO $100.

LINKS TO THIRD PARTY SITES

The Jobsmack website may contain links to other third party websites. These links are provided solely as a convenience to you and do not reflect an endorsement by JobSmack of the contents on such third-party websites. JobSmack is not responsible for the content of linked third-party sites and makes no representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party website, you do so at your own risk.

TERMINATION

JobSmack reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the website and immediate termination of your access to the website and/or any other service provided to you by JobSmack or its affiliates, upon any breach by you of these Terms and Conditions or if JobSmack is unable to verify or authenticate any information you submit via the website registration. The provisions of these Terms and Conditions and any payment obligations incurred prior to termination shall survive such termination.

INDEMNITY

You agree to defend, indemnify, and hold harmless JobSmack, its 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 your use of the website or your breach of the terms of these Terms and Conditions.

GENERAL

JobSmack makes no claims that JobSmack.com or the information therein may be lawfully viewed or downloaded outside of the United States. Access to the site content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the Commonwealth of California, 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 Los Angeles, California. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the website, a particular "Legal Notice," or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and JobSmack with respect to the use of this website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.