TERMS & CONDITIONS
1. Introduction. Please read this carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Music City Jobs Website (the “Site”), which is a public website and provided by the Nashville Convention and Visitors Corporation (“NCVC”). It you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. These Terms and Conditions (as they may be amended from time to time by NCVC, form a binding agreement (the “Agreement”) between you and NCVC. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
2. General Use Rules. The Site is public, intended for individuals seeking employment and for employers seeking candidates for employment. You have no right to privacy. You may use the Site only for lawful purposes within the context of NCVC’s intended and acceptable use of the Site. NCVC is the sole interpreter of the Site intended and acceptable use. The Site and all right, title and interest in and to the Site is the sole property of NCVC and is protected by the United States and foreign copyright, trademark and other laws. NCVC reserves for itself and all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell or distribute the Site content, or use it in any other way for public or commercial purpose. The use of the content on any other web site or in a networked computer environment for any purpose is strictly prohibited.
3. Use by Users who are Job Seekers. NCVC hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download the material on the site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of information you post to a Site and any consequences arising from such posting. Your use of the Site is a privilege. NCVC reserves the right to suspend or terminate that privilege for any reason at any time, without notice, in its sole discretion.
4. Use by Users who are Employers. NCVC hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download the material on the Site solely for your business use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign your rights to the Site to any third party without the express written authorization of NCVC. You agree that you are solely responsible for the content of any information you post to the Site and any consequences arising from such posting. NCVC reserves the right to suspend or terminate your access and use at any time for any reason, without notice, if NCVC determinates that you are in breach of these Terms and Conditions.
5. Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Site will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws.
6. Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
7. Allocation of Responsibility. NCVC assumes no responsibility for information posted by User and no responsibility for the activities, omissions or other conduct of Users. NCVC acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring information posted by Users. NCVC may take action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
8. No endorsements by NCVC. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User, whether in regards to its webs site , products, services, hiring, experience, employment or recruiting practices, or otherwise.
9. WARRANTY DISCLAIMERS.
(a) THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NCVC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. NCVC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) NCVC MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS OR ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. INFORMATION MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON INFORMATION POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
(ii) NCVC MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
(iii) NCVC MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. NCVC DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BE FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
10. DAMAGE LIMITATIONS AND ALLOCATIONS OF LIABILITY.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE INFORMATION THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL NCVC (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NCVC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT NCVC WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
11. User Authentication. Because User authentication on the internet is difficult, NCVC cannot and does not confirm that each User is who they claim to be. Because NCVC does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release NCVC from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Links to Other Sites. NCVC contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by NCVC of the contents on such third-party web sites. NCVC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party webs sites, you do so at your own risk.
13. Indemnity. You agree to defend, indemnify, and hold harmless NCVC (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third-party claims, actions or demands ( including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of this Agreement. NCVC shall use reasonable efforts to provide you prompt notice of any such claim, suit or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
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