Effective as of April 12, 2019
Vangst is an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status, or any other characters protected by the law. This job description is a product of Vangst.
LICENSE GRANT. This TOU provides to an individual (person) user (identified herein as “you” or “user” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and (limited) non-sublicensable license to use the Platform. If you use the Platform on behalf of an entity (employer), then “you” includes you and such entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this TOU, and that you agree to this TOU on the entity’s behalf.
LICENSE GRANT RESTRICTIONS. This TOU provides only a license and not an assignment or sale. Vangst transfers no ownership or intellectual property interest or title in and to the Platform to you or anyone else. Further, Vangst reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Vangst) of the Platform (including any video or screen image thereof). In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering Vangst or the use of the Platform (or any part thereof).
USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. By accessing or using the Platform, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials to or through the Platform, including, without limitation, when you provide information via registration or submission form or in connection with the Job Posting or Job Seeker functionality (described below). Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Platform only with the involvement and acceptance of (this TOU by) their parent or legal guardian and then solely under such parent or legal guardian’s account. You also represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Platform. You also acknowledge and agree that use of the Internet and the Platform is solely at your own risk.
ACCOUNT. You may be required to register to use the Platform and establish an account for access to the Platform generally, or to the available Job Posting or Job Seeker functionality (as such terms are defined below). Each registration is for a single individual person (or entity) only, unless otherwise expressly agreed upon by Vangst. Registration for access to and use of the Platform may also require access credentials, such as a password or adherence to other particular access requirements as designated by Vangst in its sole discretion from time to time. You hereby agree to consider the information associated with your account and its respective access credentials as confidential information. You shall use no less than reasonable effort to maintain the confidentiality of such information and agree not to disclose such information to any third party without the prior express written consent of Vangst, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of the Platform, including being held responsible for any and all activity occurring through your user name and password (and the related account access). In particular, you are responsible for the actions or omissions of any individual utilizing your account, and agree to cooperate with Vangst with respect to ensuring adherence to this TOU. You shall immediately notify Vangst if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and/or password.
YOUR ALLOWANCES AND GRANTS TO VANGST; USER CONTENT. You permit Vangst the right to (i) allow the Platform to use the processor, bandwidth, camera, and storage hardware on your mobile device or other device used to access the Platform in order to facilitate the operation of the Platform; (ii) require the downloading of updates and upgrades including for the purpose(s) of fixing product defects or providing enhancements; and (iii) provide advertising and other information to you as determined (or permitted) by Vangst. You further grant to Vangst for any lawful purpose and without any additional approval or consideration, a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use the data and content, including your image (or likeness), photograph, or any Interaction(s) you submit (or provide) through the Platform or that is gathered by Vangst in connection with your use of the Platform (collectively, “User Content”). You represent and warrant that you have all necessary rights or permissions to upload, share, display, or transmit all User Content in accordance with all applicable laws and regulations, and acknowledge that Vangst has no control over the extent to which any User Content may be used by any party or person once posted or displayed.
SOCIAL INTERACTIONS. The Platform may provide access to communication, other interactive features, and social functionality where you can share, exchange information or content, or otherwise communicate with other users (with such shared or exchanged information, content, or communications (including any User Content) referenced collectively herein as “Interactions”). Your Interactions shall not include:
- anything which may damage, lessen, or harm the goodwill or reputation of Vangst and its services;
- anything which defames, harasses, bullies, threatens, or in any way violates or infringes on the rights of others;
- anything which may be considered offensive, obscene, or otherwise inappropriate, including language or content of a sexual nature, that includes nudity, that includes or incites violence, that relates to alcohol, tobacco, or drugs, or that denigrates any person or group on any basis, including, without limitation, on the basis of race, religion, nationality, age, sexual orientation, or gender identity;
- anything which involves the impersonation of any other person or entity;
- anything which constitutes junk mail, spam, or unauthorized advertising; or
- anything which is unlawful.
Vangst reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning storage, display, or availability (to be identified online with the Platform). Further, and as applicable, Vangst shall not have any obligation to incorporate or utilize anything that does not correspond to or meet Vangst’s technical or usage practices, parameters, and limits (if any and as applicable).
NO PRE-SCREENING OF INTERACTIONS. You, and not Vangst, shall be the author of your User Content and/or sender of any Interaction. Vangst is not responsible for pre-screening or editing your User Content or any other user’s Interactions and encourages reasonable discretion and caution in evaluating or reviewing any Interaction(s). Moreover, Vangst does not endorse or approve of any message, opinion, or idea expressed in an Interaction (unless separately and expressly provided by Vangst), and does not make any representation with respect to the accuracy, acceptability, completeness, timeliness, or reliability of any Interaction(s). Nevertheless, Vangst reserves the right to monitor, delete, or take other action with respect to any Interaction(s) that Vangst reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this TOU, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of Vangst, its users, or the public; or (vi) address any act or omission that Vangst believes in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to Vangst, its services, or goodwill.
DMCA NOTICE PROCEDURE. It is the policy of Vangst to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify the Vangst copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Platform;
- Information reasonably sufficient to permit Vangst to contact you, such as your address, telephone number, and, email address;
- 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following Vangst copyright agent:
1700 Lincoln St, Denver, CO 80203
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT YOUR CLAIM, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. In accordance with the DMCA and other applicable law, Vangst has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be infringers. Vangst may also, at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
JOB POSTING(S). If you use the Platform to search for employees, view resumes or profiles, and/or post and/or distribute job openings (“Job Postings”), such a user shall also be referred to herein as an “Employer” for purposes of this TOU and shall have the following additional obligations. All Job Postings must comply with all applicable laws and regulations, any online notices regarding size, format, or content, and include or have the necessary rights and permissions to allow display, transmission, and use by Vangst. Vangst does not guarantee the display or placement of any Job Posting and reserves the right to reject any Job Posting that does not comply with this TOU or any online notices, guidelines, or requirements for submission. By submitting a Job Posting, you give Vangst permission to post, display, or otherwise distribute such Job Posting. Vangst does not guarantee any result(s) from use of a Job Posting(s), and in particular, does not guarantee the number or quality of responsive candidates. You acknowledge and agree that Job Seekers (defined below) are free to apply for a Job Posting and to disclose their respective information for such Job Posting. Vangst may inform Job Seekers that you have taken an action with respect to a Job Posting of interest, and you agree to deal fairly and professionally with individuals who may respond to your Job Posting. But, unless agreed by Vangst, you are solely responsible for all Job Seekers for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate.
JOB SEEKERS. If you use the Platform to upload your resume or profile, or to search for or apply to Job Postings, such a user shall also be referred to herein as a “Job Seeker.” Job Seekers can use the Platform to upload or add User Content (including resume and other information about potential job opportunities), search Job Postings, apply for a Job Posting, receive alert emails or text messages related to Job Postings, and provide User Content in the form of a resume and other applicable information for a Job Posting. The Platform may offer opt-out options for certain features or functionality available to Job Seekers. Job Seekers, however, acknowledge that searching or applying for a Job Posing will require submission of information, including a resume or other related information, and hereby consent to the use and sharing of such information (including only portions of such information) by Vangst. Job Seekers may only use Job Postings for their own respective, personal use and in accordance with all applicable laws and regulations. Job Postings may not be disclosed to a third party. You are responsible for necessary or required certifications, licenses, or degrees for the Job Posting. If a Job Seeker opts out of the sharing his or her resume at any time, Vangst reserves the right to block access to, and/or remove, the Job Seeker’s resume from the Platform. Vangst does not guarantee any response to a Job Posting and Job Seekers are responsible for reviewing all Job Postings and the associated employer.
FEEDBACK. Vangst further welcomes your feedback and suggestions about Vangst’s products or the Platform, or with respect on how to improve the Platform. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Vangst, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Vangst and enable Vangst to use such Feedback. In addition, any Feedback received by Vangst will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right, and license from you for Vangst to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed, for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
PROPRIETARY RIGHTS. The Platform is owned by KT Holdings, Inc. d/b/a Vangst and/or its licensor(s). © 2018–2019 KT Holdings, Inc. and/or its licensor(s). All rights reserved. VANGST, the VANGST logo, and all other names, logos, and icons identifying Vangst and its solutions, products, and services are proprietary trademarks of Vangst, and any use of such marks without the express written permission of Vangst is strictly prohibited. Other services, products, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.
LINKS TO OTHER SITES. The Platform may connect to certain third-party websites, advertisements, or online networks (collectively, “Third-Party Sites”). All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom Vangst exercises no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s). Vangst encourages review of the applicable terms, conditions, or notices governing use of these Third-Party Sites. Your correspondence or any other dealings (including any transactions) with third parties found through any Third-Party Site(s) is solely between you and such third party.
DISCLAIMER. THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE STATE LAW IMPLEMENTATION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (INCLUDING ANY AVAILABLE REMEDIES OR LAWS) SHALL NOT APPLY TO THIS TOU AND IS HEREBY DISCLAIMED. VANGST ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM (AND ANY THIRD-PARTY COMPONENTS) WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. VANGST (AND ITS PROVIDERS OF THIRD-PARTY COMPONENTS) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VANGST ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY, OR AVAILABLE THROUGH, THE PLATFORM.
LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE VANGST FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND VANGST’S CONTROL, INCLUDING AS CAUSED BY ANY THIRD-PARTY SOFTWARE OR HARDWARE. MOREOVER, IN NO EVENT SHALL VANGST (OR PROVIDERS OF THIRD-PARTY COMPONENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM (OR ANY THIRD-PARTY COMPONENT). NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF VANGST FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE PLATFORM, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE PLATFORM WHATSOEVER. THE TOTAL LIABILITY OF VANGST IS LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO VANGST DURING THE PRIOR SIX (6) MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE PLATFORM.
INDEMNITY. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Vangst and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from your violation of this TOU or your negligent actions or omissions.
ARBITRATION. Subject to the right of Vangst to seek injunctive relief, you agree that all disputes between you and Vangst (whether or not such dispute involves a third party) with regard to your relationship with Vangst, including, without limitation, disputes related to this TOU, your use of the Platform, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration. Without limiting Vangst’s right to seek injunctive or other equitable relief (as set forth below), any disputes arising with respect to this TOU between you and Vangst (“parties”) shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. Arbitration shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding shall be carried on and heard in the State of Colorado using the English language. In any action or proceeding to enforce rights under this TOU, the prevailing party will be entitled to recover costs and reasonable attorneys’ fees from the other party. You may bring claims only on your own behalf. Neither you nor Vangst will participate in a class-wide arbitration for any claims covered by this TOU. This dispute resolution provision will be governed by the Federal Arbitration Act.
GOVERNING LAW. The Platform is controlled and operated by Vangst from its offices within the United States. Use of the Platform constitutes agreement to enter into transactions electronically. This TOU has been made in, and will be construed and enforced in accordance with, the laws of the State of Colorado, as applied to agreements entered into and completely performed in the State of Colorado. A printed version of this TOU, and of any related notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this TOU, to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this TOU or contact Vangst if you wish to receive a printed copy of this TOU.
ENFORCING SECURITY. You may not use the Platform or any of Vangst’s data, systems, networks, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Vangst’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Vangst system or network, circumventing any Vangst security or authentication measures, monitoring Vangst data or traffic, interfering with any Vangst services, collecting or using from the Platform email addresses, usernames, or other identifiers, collecting or using from the Platform information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Platform to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Vangst or its data, systems, or network. Actual or attempted unauthorized use of the Platform may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Vangst reserves the right to view, monitor, and record activity on the Platform (including through your account) without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Platform, as well as to disclosures required by, or under applicable law, or related government agency actions. Vangst will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Vangst reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation or access to the Platform, or any portion of the Platform in order to protect the Platform or Vangst.
INJUNCTIVE RELIEF. Notwithstanding the arbitration provision above, you acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Vangst proprietary assets, will cause irreparable injury to Vangst. Such injury would not be quantifiable in monetary damages and Vangst would not have an adequate remedy at law. You therefore agree that Vangst shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Vangst post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Vangst to enforce any provision of this TOU.
TERM AND TERMINATION. This TOU will take (re-take) effect at the time you accept, download, or begin using the Platform, whichever is earliest. This TOU will terminate automatically if: (i) you fail to comply with any of its TOU; or (ii) cease all use of the Platform. Termination in such event(s) will be effective without notice. In addition, Vangst may in its sole discretion terminate this TOU or suspend the Platform’s performance upon notice to you for any or no reason. Upon termination of this TOU, any and all right(s) to use the Platform shall immediately cease and you must promptly delete or destroy all copies of the Platform in your possession or control. The provisions concerning License Grant Restrictions, Your Allowances and Grants to Vangst, the Feedback, Confidentiality, Vangst’s Proprietary Rights, Disclaimer, Limitation of Liability, Arbitration, Governing Law, Indemnity, Enforcing Security, Injunctive Relief, Waiver and Severability, and Entire Agreement will survive the termination of this TOU for any reason.
WAIVER AND SEVERABILITY. Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Vangst of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the licensed rights to Vangst, warranty disclaimers, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
ENTIRE AGREEMENT. You and Vangst are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and Vangst as a result of this TOU or your utilization of the Platform. This TOU represents the entire agreement between you and Vangst with respect to your individual use of the Platform. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of Vangst. Please note that Vangst reserves the right to change this TOU under which the Platform and its offerings are extended to you by posting online a revised TOU or mailing and/or emailing notice thereof to you. In addition, Vangst may add, modify, or delete any aspect, program, functionality, or feature of the Platform. Your continued use of the Platform following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the TOU of this TOU. Accordingly, please review this TOU on a periodic basis.
CONTACT INFORMATION. If you have questions regarding the Platform or if you are interested in obtaining more information concerning Vangst or its products, services, or solutions, please contact Vangst, email@example.com.