Note: These TOU require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
ELIGIBILITY TO USE/LICENSE. To access or use SWW, you must be 18 years of age or older and have the power and authority to enter into these TOU. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access SWW in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from SWW, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with SWW, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You will use SWW solely for lawful purposes in a manner consistent with these TOU and any and all applicable laws, regulations, or other binding obligations (including contractual obligations) you may have towards third parties.
You will not:
Links to Third-Party Websites. SWW may contain links to third-party websites placed by us as a service to those interested in this information. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave SWW, our terms and policies no longer govern.
Third-Party Content on Serenity Worldwide. Content from advertisers, and other third parties are made available to you through SWW. (“Content”) means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, or other materials you find on SWW. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related accuracy, currency, suitability, or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by employers, advertisers, and third parties.
In accordance with Section 230 of the U.S. Communications Decency Act, we generally cannot be held liable for claims arising from the Content provided by third parties on SWW.
PROHIBITED CONTENT. You agree that you will not post any Content that:
SPECIAL PROVISIONS APPLICABLE TO EMPLOYERS.
You may not post any job that:
SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS. This provision applies to all advertisers, including Employers who purchase Job Ads or display ads. Unless we agree otherwise, you may not use data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting visitor profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You ay use information provided directly to you from visitors if you provide clear notice to and obtain consent from those visitors and comply with all applicable laws and industry guidelines.
MODERATION/ENFORCEMENT BY SERENITY WORLDWIDE
Removal of Content. While SWW has no obligation to do so, SWW reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these TOU or other applicable policies posted on SWW, or that we deem, in our sole discretion, inappropriate. If you see any Content on SWW that you believe violates our policies, you may report that Content by contacting us here. Once notified, we will review the Content and consider whether to remove or modify it. Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of the TOU or any agreement we have with you.
Copyright Policy. SWW has adopted the following policy toward copyright infringement on SWW in accordance with the Digital Millennium Copyright ACT (the “DMCA”). It is our policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied in violation of DCA and used on SWW in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
If you feel that content has been taken down inappropriately please contact our Copyright Agent who will provide information on the requirements and procedure for filing a counter-notification with us.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Serenity Worldwide, Inc.
Attn: Copyright Agent
18723 Via Princessa #243
Santa Clarita, CA 91387
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these TOU, including without limitation: removing Content from SWW (or modifying it); suspending your rights to use SWW; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Members. While we have no obligation to do so, we reserve the right to take appropriate action to protect the anonymity of our Members against the enforcement of subpoenas or other information requests that seek a Member’s electronic address or identifying information.
SALES. You authorize us to charge your account for SWW fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on ads) or new services, and such changes are effective when we post the temporary promotional event or new service on the Website.
DISCLAIMERS AND LIMITATION ON LIABILITY. The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
To the extent permitted by law, (1) we make no promise as to SWW, its completeness, accuracy, availability, timeliness, propriety, security, reliability or that SWW will meet your requirements; (2) your access and use are at your own risk, and SWW is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your SWW use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“SWW ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (5) SWW ENTITIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
You are solely responsible for your interactions with advertisers and other visitors and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or visitor of SWW. We are not responsible for any incorrect or inaccurate Content posted on SWW, whether caused by visitors or by any of the equipment or programming associated with or utilized in SWW. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other visitors. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the internet or on SWW or combination thereof, including any injury or damage to visitors or to any person’s computer related to or resulting from participation or downloading materials in connection with SWW. Under no circumstances shall we be responsible for any loss or damage resulting from use of SWW or from any Content posted on SWW or transmitted to visitors, or any interactions between visitors of SWW, whether online or offline.
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your SWW use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Santa Clarita, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against SWW Entities; (6) (except government agencies) to indemnify SWW Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your SWW use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.