TERMS OF SERVICE

 

Revised and updated – August 23, 2017

 

Thank you for using RIVS.COM, Inc. (“InterviewStream”).  This is the agreement which states the terms of service (“Terms of Service”) regarding your use of our website and/or sub-domains (collectively, the “Site”) and the products and services we provide through the Site and underlying technology (collectively, the “Service” or “Services”).  Although you may be using our Site and Services on behalf of a company, school or other legal entity (“Your Company”), you are nevertheless individually bound by these Terms of Service even though Your Company may have a separate agreement with InterviewStream (“Your Company’s Agreement”).  You also are bound by your Company’s Agreements, if any.  The term “interviewing companies” or “interviewing company” as used herein shall include, in addition to the interviewing company, any third party designees or others operating on their behalf or contributing Content (as defined below) on their behalf.  

 

1.                  Your Acceptance

 

By using the Site and/or the Services in any way, you consent to, and are agreeing to comply with, these Terms of Service.  These Terms of Service apply to all users of the Site and/or the Services including, but not limited to, interviewing companies and applicants for employment (the term “applicants” is deemed to include any potential employment candidates participating in interview-related preparation or counseling) and companies and their staff that conduct training within the organization.  If you do not agree with these Terms of Service, we ask that you refrain from using the Site and/or the Services.  You affirm that you are more than 18 years of age and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.  In any case, you affirm that you are over the age of 13, as the Site and/or the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Site and/or the Services.

 

The Site and/or the Services may contain links to third party websites that are not owned or controlled by InterviewStream.  These links are provided solely as a convenience to you and not as an endorsement by InterviewStream of the content on such websites.  InterviewStream has no control over, and assumes no responsibility or liability for, the content, privacy policies or practices of any third party websites.  In addition, InterviewStream will not and cannot censor or edit the content of any third party website.  However, InterviewStream does reserve the absolute right to refuse to consent to such links without having to give a reason.  By using the Site and/or the Services, you expressly relieve InterviewStream from any and all liability from your use of any third party website.

 

In order to access some features of the Site and/or the Services, you will have to create an InterviewStream account.  You may never use another’s account without permission.  When creating your account, you must provide accurate and complete information.  You and Your Company, if applicable, are solely responsible for the activity that occurs on your account, and you must keep your account passwords secure.  You must notify InterviewStream immediately of any breach of security or unauthorized use of your account.

 

2.                  Consent for Video/Audio Recording and Digital Media Production

 

You hereby authorize InterviewStream, its designees, licensees (including any interviewing companies), service providers and assignees, to create photographs, digital images and audio and/or video recordings of, and to stream, broadcast, reproduce, transmit, use, publish, display and otherwise disseminate over the Internet or otherwise, your name, appearance, likeness, voice, speech, video recording and presentation (either in real-time or as embodied in the photographs, images and recordings described above) for the purposes of enabling you to conduct or participate in interviews for employment, roleplays for training and/or enabling your conduct of, or participation in, preparation or counseling for employment-related interviews and/or custom roleplays, and to store, cache, replay, transcribe, copy in other forms or media, edit, excerpt from, distribute, display or otherwise include any and all of the foregoing material in furtherance of such purposes.  You hereby release, discharge and hold harmless InterviewStream, its affiliates, and its and their respective members, managers, shareholders, officers, directors, employees, service providers, contractors, designees, licensees and assignees from any and all claims, liabilities, suits and action relating in any way to the activities described above including, but not limited to, any utilization of video/audio recordings and digital media.  The company acknowledges and agrees that the recorded interviews and/or roleplays are to be used in a legitimate manner, both internally and outside the InterviewStream organization and are not intended to cause any harm or undue embarrassment to the parties involved.  You fully acknowledge, agree and understand that InterviewStream has no control over, and assumes no responsibility or liability for, any Content or the interview company or the interviewing company’s use or reproduction of any recorded interviews or other Content.  

 

3.                  Multi- Company Accounts or Submitting Content on Behalf of Others

 

If you are submitting Content on behalf of one or more interviewing companies or for training purposes, then you represent and warrant that you are authorized to act on behalf and bind such companies to these Terms of Service.

 

4.                  Privacy Policy

 

In addition to these Terms of Service, InterviewStream has established a Privacy Policy to explain to users how their information is collected and used.  You can access the Privacy Policy at http://interviewstream.com/Public/Privacy and it is recommended that you review the Privacy Policy prior to using the Site and/or the Services.  All of the information set forth in our Privacy Policy is incorporated into these Terms of Service by reference and your use of the Site and/or the Services signifies acknowledgement of and agreement to our Privacy Policy.

 

5.                  Modifications to these Terms of Service

 

We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms and conditions set forth herein at any time, and you agree to be bound by such changes, modifications or alterations.  Such modifications shall become effective immediately upon the posting thereof.  Although we may attempt to notify you when major changes are made to these Terms of Service, you must review these Terms of Service on a regular basis to keep yourself apprised of any changes.  We strongly encourage you to check the “Revised and Updated” date at the top of these Terms of Service to familiarize yourself with the most up-to-date version of this document.

 

6.                  Use of the Site and/or the Services

 

InterviewStream has no control or responsibility whatsoever over the conduct of interviews, any counseling or preparation for interviews provided using the Services, any interview- or employment-related decisions, or roleplays.  While we attempt to respond to complaints about inappropriate uses of our Services, applicants, users and companies are solely responsible for all Content or any unlawful or inappropriate behavior that transpires during interviews or roleplays.  We also are not an employment agency or counselor.  Any recommendations or advice provided by us on the Site are for informational purposes only and should not be relied upon to result in employment or produce any other particular result.

 

InterviewStream is not a data controller of any information recorded in an interview or roleplay.  InterviewStream simply acts as a data processor, or conduit, who facilitates the recording of the data and transmits any personal data contained in the interview or roleplay from the applicant or user to the company.  The manner in which the Site and/or the Services are used is entirely determined by the interviewing companies or companies.  InterviewStream does not initiate the transmission of interview content or roleplay, does not determine the recipient of the interview or roleplay invitation and does not select or modify the information contained in any interview or roleplay transmission.  As the data controller of the interviews or roleplays is the interviewing company or company, applicants or users must contact the interviewing company or company if they wish to raise any issues in respect of the interview or roleplay.  InterviewStream expresses no view as to the quality or suitability of any interviewing company or company or applicant/user and does not endorse any opinion, recommendation or advice expressed by users of the Site and/or the Services.

 

We maintain a copy of the interview or roleplay on the hosting servers of our hosting partners for secure access by the interviewing company or company.  InterviewStream uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Site and/or the Services. 

 

As an interviewing company or company, you agree that any use of the Site and/or the Services is solely for the purpose of setting up legitimate recruiting processes and conducting interviews with legitimate applicants or setting up legitimate training processes and conducting custom roleplays.  As part of the Services, users are able to post their own Content, either as an interviewing company/company or an applicant/user.  “Content” includes the text, scripts, graphics, photos, sounds, videos, questions, responses to questions and any other information that you post, communicate, transmit, record, link to or direct to any third party in any manner through the use of the Site and/or the Services including, but not limited to, any presentation, appearance or participation by you in an interview, roleplay, or preparation, or counseling session that is streamed through the Services.  InterviewStream takes no responsibility or liability for the Content posted by users of the Site and/or the Services.  To the extent that any Content violates these Terms of Service, InterviewStream reserves the right (but not the obligation) in its sole discretion to refuse or remove Content from the Site and/or the Services.

 

All Content generated or collected through use of our Services is transported to, processed, and stored in the United States of America

 

7.                  Conduct

 

You agree not to post, email, or otherwise make available Content:

 

·         that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

·         that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (b) bestiality, or (c) masturbation, or (d) sadistic or masochistic abuse, or (e) lascivious exhibition of the genitals or pubic area of any person;

·         that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

·         that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any interview for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;

·         that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

·         that impersonates any person or entity, including, but not limited to, an InterviewStream employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

·         that includes personal or identifying information about another person without that person’s explicit consent;

·         that is false, deceptive, misleading, deceitful or mis-informative;

·         that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

·         that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

·         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;

·         that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

·         that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

 

Additionally, you agree not to:

 

·         contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

·         “stalk” or otherwise harass anyone;

·         collect personal data about other users for commercial or unlawful purposes;

·         use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted in writing by InterviewStream;

·         impose an unreasonable or disproportionately large load on our infrastructure;

·         attempt to gain unauthorized access to InterviewStream’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site;

·         use any form of automated device or computer program that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or

·         reproduce, duplicate, copy, sell, trade or resell any portion of the Site and/or the Services, use of the Site and/or the Services or access to the Site and/or the Services.

 

8.                  Proprietary Rights

 

Subject to your compliance with these Terms of Service and Your Company’s Agreement, if applicable, InterviewStream grants you a non-exclusive, non-transferable, limited right to access and use the Site and/or the Services for which your account has been approved.  Except as provided in the immediately preceding sentence, no other right, title or interest in the Site or the Services is hereby granted or transferred to you as a result of any permitted use of the Site and/or the Services.  InterviewStream retains the exclusive right, title and interest to the Site and the Services.  While InterviewStream does not claim any rights to any original interview content posted by an interviewing company or applicant, you agree to provide InterviewStream with a limited, royalty-free, fully paid up, non-exclusive, transferable, worldwide, perpetual license and right to use, distribute and display all Content provided that such license and right is restricted to the sole purpose of enabling InterviewStream to perform the Services.

 

All original materials incorporated in or accessible through the Site and/or the Services (other than those posted by interviewing companies or applicants) including, but not limited to, texts, photos, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Site), are protected by United States and international copyright laws, and are owned exclusively by InterviewStream.

 

9.                  No Unauthorized Modification or Forwarding of Content

 

Except as otherwise expressly permitted in these Terms of Service, you agree that you will not give access to, forward, display, post or distribute any part of the Content or the recorded interview or roleplay to any individuals, persons or companies other than the interviewing company/company and any individuals employed by the interviewing company/company that have a legitimate interest in the hiring of the applicant or training of staff.  You agree that you will not forward, display, post or distribute any part of the Content or the recorded interview or roleplay to any public website such as YouTube, Facebook, Twitter and the like.

 

10.              Digital Millennium Copyright Act

 

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (a defined below) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

 

·         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

·         Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

·         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·         A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

InterviewStream’s designated Copyright Agent to receive notifications of claimed infringement is InterviewStream's CFO, email: copyright@interviewstream.com, fax: 254.313.1829.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to InterviewStream customer service.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

 

·         Your physical or electronic signature;

·         Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

·         A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

·         Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Central District of Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Copyright Agent, InterviewStream may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at InterviewStream’s sole discretion.

 

11.              Software

 

InterviewStream software (“Software”) is hosted by InterviewStream and accessed over the Internet.  In that event, InterviewStream agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software, subject to these Terms of Service and Your Company’s Agreement, if applicable.  You may not use the Software for anything other than as intended by InterviewStream in connection with your use of the Site and/or the Services.  You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws.  All rights not expressly granted by InterviewStream are hereby reserved.  You agree not to take any action to interfere with InterviewStream’s ownership of or rights in the Software.  You agree that you will not: (a) reproduce, republish, display, frame, download, distribute, or transmit the Software, (b) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software, (c) modify or create any derivative works based on the Software, including customization, translation, or localization, (d) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software, (e) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software, (f) create or use any software other than as authorized by InterviewStream to access the Software, (g) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software, (h) use the Software in any way that violates these Terms of Service, or any other agreements between you or Your Company and InterviewStream, or any law, and (i) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Site and/or the Services.

 

12.              Suspension or Termination of Your Account

 

You agree that InterviewStream may suspend or terminate your access to the Site and/or the Services without notice if InterviewStream determines, in its sole and absolute discretion: (a) that you have violated these Terms of Service, (b) that you or Your Company has violated Your Company’s Agreement or Your Company’s Agreement with InterviewStream has been terminated or has expired, or (c) InterviewStream is required to do so by any court or government authority in any country.  Also, if you are not accessing the Site or Services pursuant to Your Company’s Agreement, InterviewStream may suspend or terminate your access to the Site and/or the Services without notice at any time for any reason or no reason in its sole and absolute discretion.  You agree that the Site and/or the Services are not intended to act as an indefinite video or information repository and, therefore, InterviewStream may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files.  Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Site and/or the Services without refund or compensation.  You agree that InterviewStream has no obligation to monitor your use of the Site and/or the Services but has the right to do so to ensure your compliance with this Terms of Service and, if applicable Your Company’s compliance with Your Company’s Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.  These Terms of Service continue to apply to you even after you are no longer using the Site and/or the Services for any reason, including any suspension or termination by InterviewStream.

 

13.              Use of Your Name and Logo

 

You agree that InterviewStream may use the name, logo and other trademarks or service marks of any interviewing company to create a co-branded Services website as part of the delivery of the Services.

 

14.              Warranty Disclaimer

 

YOU AGREE THAT USE OF THE SITE AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK.  THE SITE AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. INTERVIEWSTREAM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR THE SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

 

INTERVIEWSTREAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S AND/OR THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND/OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE AND/OR SERVICES BY ANY THIRD PARTY, OR (V) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE AND/OR SERVICES. INTERVIEWSTREAM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND/OR SERVICES OR ANY HYPER-LINKED SITES OR SERVICES, AND INTERVIEWSTREAM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND INTERVIEW COMPANIES OR COMPANIES.

 

Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you.  The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.

 

15.              Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL INTERVIEWSTREAM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INTERVIEWSTREAM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOU AGREE THAT THE LIABILITY OF INTERVIEWSTREAM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FOR ANY CLAIM WILL BE LIMITED TO, WITH RESPECT TO INTERVIEWING COMPANIES, THE AMOUNT SET FORTH IN SUCH INTERVIEWING COMPANY’S AGREEMENT WITH INTERVIEWSTREAM FOR THE SERVICES OR, WITH RESPECT TO ANY OTHER PARTY, THE LESSER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT SUCH PARTY ACTUALLY PAID INTERVIEWSTREAM, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SITE AND THE SERVICES.

 

Under no circumstances will InterviewStream be liable in any way for any conduct of interviews, any counseling or preparation for interviews provided using the Services, or any interview- or employment-related decisions or any Content. 

 

The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

The Site and/or the Services is controlled and offered by InterviewStream from its facilities in the United State of America.  InterviewStream makes no representations that the Site and/or Services is appropriate or available for use in other locations.  Those who access or use the Site and/or the Services from other jurisdictions do so at their own volition and are responsible for compliance with all local laws, statutes, rules, regulations and codes.

 

16.              Indemnity

 

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless InterviewStream and its directors, officers, employees, representatives and agents (the “InterviewStream Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with (a) your use of and access to the Site and/or the Services, (b) your violation, breach or default of any term of these Terms of Service, (c) your violation of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, property or privacy right, or (d) any claim that your Content caused damage to a third party.

 

In addition to the foregoing indemnity, each interviewing company agrees to defend, indemnify and hold harmless each of the InterviewStream Indemnified Parties from and against any and all Losses arising out of or related to or in connection with (a) claims by an applicant or third party based on allegations relating to any interview or such applicant’s or third party’s use of the Services, (b) any acts or omissions of the interviewer including, but not limited to, claims that the interviewing company’s employment, interview or other hiring practices are discriminatory or otherwise unlawful, (c) the applicant selection process, or (d) the selection or non-selection of employees and/or contractors pursuant to an interview.

 

17.              Miscellaneous

 

·         Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits.

·         Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to or in connection with the use of the Site and/or the Services or these Terms of Service must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.

·         These Terms of Service (including the Privacy Policy) and Your Company’s Agreement, if any, constitute the entire agreement between InterviewStream and you with respect to your access to and use of the Site and/or the Services and supersedes all prior and/or contemporaneous agreements relating to the subject matter contained herein.

·         These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InterviewStream without restriction.

·         If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect to the extent allowed by law.

·         The waiver by either party of a breach or a default of any provision of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.

·         This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflicts of laws’ principles.  The parties hereby consent to the exclusive personal and subject matter jurisdiction of the federal and state courts sitting in the State of Texas in any dispute arising under these Terms of Service.