Terms and Conditions
1. Terms of Service
The following Terms and Conditions (the “Terms”) govern all use of the http://www.heynomad.co website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites, taken together, the “Website”.
2. Scope of Services
Our Website is an online platform for job posting and searching and related services. Through the Website we gather information received from companies and other entities that post jobs, search for candidates and manage hiring.
By using the Website, a visitor may browse through job posts, submit applications and arrange for interviews. Entity Lab is not an owner or operator of job posts, and other content listed on and/or through the Website by companies and other entities.
The job description and other information contained in the job posts are based solely on the information provided by companies and other entities. We do not verify any such information and cannot guarantee that all information is accurate, complete and correct, nor can we be held liable for any errors, omissions, interruptions (whether due to any breakdown, repair, upgrade or maintenance of our Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Customer and company/entity remains responsible at all times for the accuracy, completeness and correctness of any and all information displayed on our Website.
3. Your Account
If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Entity Lab may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Entity Lab liability. You must immediately notify Entity Lab of any unauthorized uses of your Account or any other breaches of security. Entity Lab will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We charge fees for certain Services, such as fees for Services packages and other fees as indicated on the Website.
When you use any paid Service, you have an opportunity to review and accept the fees that you will be charged. We may change any fee from time to time and will update you by placing revised fees on our Website. We may choose to temporarily change the fees for our Services for promotional events (for example, discounts on fees for a job post) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
By posting any job on the Website or using any Services, you authorize Entity Lab to initiate such payment with the use of the designated payment method on your behalf.
There will be no refunds or credits for partial periods of job postings. Postings recur on a 45-day basis and the user is required to update the subscription on a 45-day basis for each job post.
You take full responsibility for all taxes and fees of any nature associated with the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.
5. Responsibility of Account Holders
If you operate an Account, comment on a screenshot, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Entity Lab or otherwise.
Without limiting any of those representations or warranties, Entity Lab has the right (though not the obligation) to, in Entity Lab’s sole discretion (i) refuse or remove any content that, in Entity Lab’s reasonable opinion, violates any Entity Lab policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Entity Lab’s sole discretion.
All Content uploaded are copyright © their respective owners.
If you delete Content, Entity Lab will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
6. Responsibility of Website Visitors
Entity Lab has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Entity Lab does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Entity Lab disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
This Website does not constitute and shall not be regarded as a recommendation or endorsement of the quality, service level, qualification of job offer, job description displayed on the Website.
Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship, except for this User Agreement and our policies which governs the relationship between us in relation to your use of the Website.
If you make a contract with a third party who is named or referred to on this Website, it is your responsibility to ensure that the terms of that contract are acceptable to you and to take legal advice if necessary.
8. Third Party Websites and Content
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Entity Lab links, and that link to Entity Lab. Entity Lab does not have any control over those non-Entity Lab websites and webpages, and is not responsible for their contents or their use. By linking to a non-Entity Lab website or webpage, Entity Lab does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Entity Lab disclaims any responsibility for any harm resulting from your use of non-Entity Lab websites and webpages.
9. Intellectual Property
All material available on the Service and all material and services provided by or through Entity Lab, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with the Terms, during the term of the Terms, Entity Lab grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.
If Entity Lab, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then Tiny Boards may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. Entity Lab has no liability to you for suspending the Service under this provision.
This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Entity Lab related to the Service or Entity Lab or its business (“Feedback”) are and will be Entity Lab ’s exclusive property without any compensation or other consideration payable to you by Entity Lab, and you do so of your own free will and volition. Entity Lab may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Entity Lab may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to Entity Lab in any Feedback and, as applicable, waive any moral rights.
10. Aggregated Data
Entity Lab retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that Entity Lab may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.
Entity Lab reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Terms constitutes acceptance of those changes. Entity Lab may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
Entity Lab may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of the Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If Entity Lab decides to temporarily or permanently close your Account, Entity Lab has the right where allowed by law but not the obligation to notify the Customer or a legal entity of the grounds for Account termination. You agree that Entity Lab will have no liability arising from or relating to any Account termination or the reasons for the closure.
You shall acknowledge that upon termination of your Account for any reason, you will no longer have access to data, messages, files, or other material you keep in your Account and that any closure of your Account may involve deletion of any content stored in your Account for which Entity Lab will have no liability whatsoever, unless otherwise required by law. Entity Lab, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
13. Disclaimer of Warranties
Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. Entity Lab expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
14. Limitation of Liabilities
You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will Entity Lab or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if Entity Lab has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. Entity Lab ’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to Tiny Boards in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, Entity Lab ’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, Entity Lab will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to Entity Lab or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.
The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than Entity Lab and received by you through or advertised on the Service or received by you on any third party sites. You also agree that Entity Lab will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.
15. General Representation and Warranty
You agree to indemnify, defend, and hold harmless Entity Lab, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Entity Lab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Entity Lab and you agree to cooperate with Entity Lab ’s defense of these Claims. You agree not to settle any matter without the prior written consent of Entity Lab. Entity Lab will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
The Terms will be governed in all respects by the laws of Romania. Except for any claim involving the ownership of intellectual property, if a dispute cannot be resolved by you and Entity Lab by negotiations, the parties irrevocably submit to the exclusive jurisdiction of the courts of Romania.
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
18. Contact Entity Lab
You may contact Entity Lab by email at [email protected]