Effective Date: November 2, 2018
Interviewing.io, Inc. (“Interviewing.io” or “we” or “our”) is a platform designed for permitting engineers to participate in real and mock interviews with peers as well as individuals who hire engineers for a living.
The Service (the “Service”) includes the www.interviewing.io website, including without limitation, any related subdomains and forums, chat rooms, accounts, products and services available thereon (the “Site”) as well as other products and services offered by Interviewing.io.
The Service is offered and available only to users who are 18 years of age or older. By using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
Interviewing.io takes its data and intellectual property rights very seriously. As between Interviewing.io and you, Interviewing.io owns, has licensed, or otherwise has rights, title and interest in and to the Service and all of the content that appears on the Service. Interviewing.io’s intellectual property rights include, but are not limited to, copyrights, trademark rights, trade dress rights, and trade secrets. You agree that you have no right, title or interest in or to the Service or any Interviewing Materials.
All software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and other Interviewing Materials, and the selection and arrangement thereof and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Interviewing.io and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Interviewing.io on the Service, or in connection with the Service are the exclusive property of Interviewing.io and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Interviewing.io and its licensors reserve all rights in connection with the Service and its content (other than User Content), including, without limitation, the exclusive right to create derivative works therefrom.
Interviewing.io’s name, the Inteviewing.io logo and all related names, logos, product and service names, designs and slogans are trademarks of Interviewing.io or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Inteviewing.io. Any images of persons or personalities contained on the Service are not an indication or endorsement of Interviewing.io or any particular product or our service unless otherwise indicated.
Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to Interviewing.io (a) through an interview conducted using the Service (“Interview Content”), and (b) through our forums or otherwise through any other use of the Service (“General Content”, and, collectively with Interview Content, “User Content”) shall be deemed, and shall remain, your property from the moment of creation. Accordingly, you hereby grant Interviewing.io a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right, in any media known or not currently known, and without any requirement of permission from or payment to you (or any other person or entity): (A) with respect to Interview Content, to reproduce, fix, adapt, modify, translate, reformat, enter into computer memory, display, perform or provide access to, communicate to and share with participants in your interview (as well as with any companies conducting such interviews), and use such Interview Content for the purposes of (i) providing the Service, (ii) improving the Service, and (iii) facilitating academic research into industry hiring and related business practices (which may include sharing aggregated or otherwise anonymized Interview Content with third parties); and (B) with respect to General Content, to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, publish, distribute, license, sublicense, transfer, transmit, publicly display, publicly perform, or provide access to, broadcast, communicate to the public by telecommunication, enter into computer memory, and use and practice, such General Content, as well as all modified and derivative works thereof, in whole or in part. To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.
You shall not (and shall not permit any third party to) create, upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Service, that:
Interviewing.io does not, and cannot, pre-screen or monitor all User Content. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Interviewing.io’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to Interviewing.io’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by email to firstname.lastname@example.org. Interviewing.io will respond expeditiously to claims of copyright infringement using the Service that are reported to Interviewing.io’s copyright agent in the notification explained above. It is Interviewing.io’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf.
In order to use certain features of the Service, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third-Party Account”), or an account with Interviewing.io or an Interviewing.io affiliate to function properly, either in whole or in part. The Service may also require you to create a user account with Interviewing.io (“User Account”) in order to access certain functionality and features of the Service. You are responsible for all use and the security of your User Account that you use to access and use the Service. You may not sell, transfer or allow any other person to access your User Account or login credentials, or offer to do so. You are entirely responsible for maintaining the confidentiality of your User Account’s login credentials.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY USER ACCOUNT STORED OR HOSTED ON AN INTERVIEWING.IO SYSTEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF INTERVIEWING.IO.
INTERVIEWING.IO MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY USER ACCOUNT FOR ANY REASON OR FOR NO REASON AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.
Any and all (i) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Interviewing.io by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Interviewing.io or otherwise relating to the Service (collectively, “Revisions”), are and will remain the property of Interviewing.io. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Interviewing.io and Interviewing.io may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Interviewing.io any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Interviewing.io’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NONE OF THE INTERVIEWING.IO PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE INTERVIEWING.IO PARTIES ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR DEVICE IN CONNECTION WITH YOUR VIEWING OF, OR ACCESS TO, OR USE OF THE SERVICE.
FOR THE AVOIDANCE OF DOUBT, INTERVIEWING.IO DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT BELOW.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FORGOING DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.
WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTERVIEWING.IO IS TO STOP USING THE SERVICE.
IN NO EVENT SHALL ANY OF THE INTERVIEWING.IO PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU TO INTERVIEWING.IO FOR THREE (3) MONTHS PRECEDING YOUR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Interviewing.io Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree that a breach of these Terms adversely affecting Interviewing.io’s proprietary rights in the Service or Interviewing Materials will cause irreparable injury to Interviewing.io for which monetary damages would not be an adequate remedy and Interviewing.io shall be entitled to obtain equitable relief in addition to any remedies it may have hereunder or at law.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding) (“Arbitration Agreement”). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described below.
Informal Process First.You agree that in the event of any dispute between you and Interviewing.io, you will first contact Interviewing.io and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Interviewing.io’s services and/or products, including the Service, or relating in any way to the communications between you and Interviewing.io or any other user of the Service, will be finally resolved by binding arbitration. This mandatory Arbitration Agreement applies equally to you and Interviewing.io. However, this Arbitration Agreement does not (a) govern any Claim by Interviewing.io for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this Arbitration Agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Interviewing.io are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
Any arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with Interviewing.io and you are an individual, you may opt out of this Arbitration Agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access or use the Service.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Interviewing.io each waive any right to a jury trial.
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