Terms of Service: Basic and Pro Plans

These Terms of Service were last updated on March 1, 2012.

By using the “Work for us” Application on Facebook or any other service of Work4 Labs Inc. (“Work4 Labs”) (collectively, the “Services”), you are agreeing to be legally bound by the following terms and conditions (the “Terms”).

1. Provision of Services by Work4 Labs

1.1 Work4 Labs has affiliated legal entities around the world (“Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Work4 Labs. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.

1.2 You agree that the form and nature of the Services that Work4 Labs will be providing to you may change from time to time without prior notice to you. Any changes or additions to the Services, including (but not limited to) the release of new tools and resources and the addition or removal of features, will be governed by these Terms.

1.3 Work4 Labs reserves the right to discontinue the Services, or to disable or limit (permanently or temporarily) your use of or access to the Services at any time, for any reason, at Work4 Labs’s sole discretion, without prior notice to you.

1.4 You acknowledge and agree that if Work4 Labs discontinues or disables or limits your use of or access to the Services, you may be prevented from accessing any files or other content associated with your account, and such files and other content may be irrecoverably deleted. You agree to maintain your own backups (on systems other than those of Work4 Labs) of any important such files and content.

1.5 You agree that Work4 Labs will not be liable to you or any third party as a consequence of the modification (including modification to features, availability, or pricing), discontinuation, suspension, limitation, disablement, or termination of the Services or your access to the Services or your account.

2. Use of the Services by You

2.1 Use of and access to the Services is restricted to (a) employers posting job listings and human beings specifically and personally authorized by such employers to post such listings on their behalf, and (b) job candidates browsing available listings and/or submitting application materials in response to such listings.

2.2 In order to access the Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to Work4 Labs will always be accurate, correct, and up to date.

2.3 You agree to use the Services only for purposes that are permitted by both (a) these Terms; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You may not use the Services for any unlawful purpose.

2.4 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Work4 Labs, unless you have been specifically allowed to do so in a separate agreement with Work4 Labs.

2.5 You agree not to post to or otherwise access (or attempt to post to or otherwise access) the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. All postings to the Services must be made manually by you or a human you have specifically and personally authorized to post on your behalf. You may not, and agree not to, reproduce (including though “screen scraping” or by other means, manual or automated), distribute, aggregate, or create derivative works from postings, articles, images, or any other materials made available by others through the Services without the express written permission of Work4 Labs or the copyright owner(s) of such materials.

2.6 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree not to upload or attempt to upload any viruses, worms, or other malicious or destructive code to the Services or any servers or networks which are connected to the Services.

2.7 Unless you have been specifically permitted to do so in a separate agreement with Work4 Labs, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

2.8 You agree that you are solely responsible for (and that Work4 Labs has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Work4 Labs may suffer) of any such breach.

2.9 You represent that you are at least 18 years of age (or the minimum age necessary to enter into binding contracts in the jurisdiction in which you are viewing, posting to, or otherwise using the Services).

2.10 You agree not to use the Services to post any material that is unlawful, offensive, threatening, libelous, deceptive, defamatory, pornographic, obscene, or otherwise objectionable (at Work4 Labs’s sole discretion) or that violates any party’s intellectual property or other rights. You understand that Work4 Labs or its agents may (but shall not be obligated to) reject, remove, or delete any content that violates these Terms and you hereby consent to such rejection, removal, or deletion. You understand that Work4 Labs does not routinely screen for, and that you may be exposed to, material you find objectionable.

2.11 You specifically understand and agree that Work4 Labs is providing a forum for the posting of job listings and collection of application submissions only and is shall not be responsible for the content (including the accuracy) of such listings or submissions or for any other material (including but not limited to articles, images, advertisements, personal messages, and discussion posts) made available through the Services. Work4 Labs does not screen either employers or candidates and your use of the Services is entirely at your own risk. Work4 Labs is not a recruiter or employment agency.

2.12 If your access to or use of the Services is terminated due to your violation of any of these Terms, you will not be entitled to any refund or other compensation.

3. Proprietary Rights and License from Work4 Labs

3.1 You acknowledge and agree that Work4 Labs or its licensors own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

3.2 Nothing in these Terms gives you a right to use any of Work4 Labs’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features. You agree that you will not use any trade mark, service mark, trade name, or logo of Work4 Labs or any other company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

3.3 Work4 Labs grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to access and use the software and electronic systems provided to you by Work4 Labs as part of the Services as provided to you by Work4 Labs (the “Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Work4 Labs, in the manner permitted by the Terms.

3.4 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Work4 Labs, in writing. You may not copy, modify, create a derivative work of, reuse, or repurpose the HTML code or visual elements of the Services (or any portion thereof) without the express written permission of Work4 Labs.

3.5 You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

4. Content License from You

4.1 You retain copyright and any other rights you already hold in material which you send, submit, post, or display on or through, the Services. By submitting, posting, or displaying such material you give Work4 Labs a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any material which you submit, post, or display on or through, the Services. This license is for the sole purpose of enabling Work4 Labs to operate, display, distribute, and promote the Services.

4.2 You agree that this license includes a right for Work4 Labs to make such material available to other companies, organizations, or individuals with whom Work4 Labs has relationships for the provision of syndicated services, and to use such material in connection with the provision of those services.

4.3 You understand that Work4 Labs, in performing the required technical steps to provide the Services to our users, may (a) transmit, store, or distribute material you submit, post or display on or through the Services over various public networks and in various media, whether owned by Work4 Labs or other parties; and (b) make such changes to such material as are necessary to conform and adapt that material to the technical requirements of using or connecting to networks, devices, services, or media. You agree that this license shall permit Work4 Labs to take these actions.

4.4 You confirm and warrant to Work4 Labs that you have all the rights, power, and authority necessary to grant the above license.

5. Paid Accounts

5.1 Paid accounts allow for the posting of more job listings and provide other features not available to users of free accounts. You may be given a free trial of a paid account, as indicated through the Services.

5.2 After the expiration of any such free trial, or if you are not given a free trial, you must provide to Work4 Labs or its payment processing partners a valid credit card number and related information or other accepted payment method in order to use or continue using a paid account. If you do not, any paid account you have will be downgraded to a free account.

5.3 Paid accounts will be billed monthly (immediately upon subscribing and on the first day of every month thereafter until cancelled) or annually (immediately upon subscribing and on the first day of January 1 of every year thereafter until cancelled), depending on the frequency of billing selected at the time of subscription. The initial payment will be pro-rated according to the length of the initial billing period.

5.4 Using the Services, you may upgrade your account at any time. Your first payment under the new price terms will be pro-rated according to the amount of time remaining on your current billing period, if any.

5.5 If you subscribe to a paid account, or upgrade your subscription to a higher tier, you authorize Work4 Labs and/or its payment processing partners to charge your credit card, or obtain funds via other applicable payment method, for any payment due and all future payments according to the terms of your credit card agreement or other applicable payment method agreement, any terms and conditions made available to you by our payment processing partners, and all applicable law, to all of which you agree to be bound.

5.6 Work4 Labs may change the pricing of any paid account plans at any time. Work4 Labs will provide you with 30 days’ notice of any price increases via either email or posting to the “Work for us” Facebook Page.

5.7 If your credit card or other payment method declines while you have a paid account, you will be notified via email and your account will be downgraded to a free account.

5.8 Using the Services, you may opt to downgrade a paid account to a lower-tiered paid account or to a free account at any time. If you downgrade a paid account, you will not be entitled to any refund or pro-ration. Any reduction or elimination of fees will take effect with the next billing period.

5.9 If a paid account is downgraded, you will lose access to premium features not included at your new account level, but existing postings and submission you have made will be retained.

5.10 You will not be entitled to any refund or pro-ration for non-usage (or usage under the applicable limits) of premium features associated with paid accounts.

5.11 You are solely responsible for cancelling any paid account: you will continue to be billed indefinitely for any paid account until you cancel it using the Services.

5.12 All fees are exclusive of any taxes, levies, and duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, and duties to which you are subject.

6. Cancellation on Facebook

6.1 You can cancel your “Work for us” Facebook application account at any time by deleting the application from within your Facebook settings. If you cancel your account in this way, all material you have posted or submitted via the “Work for us” Facebook application (including all job postings) will be immediately deleted and cannot be recovered under any circumstances.

6.2 Upon deletion of the “Work for us” Facebook application, any paid account you have subscribed to via the Facebook application will be cancelled immediately and will not result in any future billing. You will not be entitled to any refund.

7. Exclusion of Warranties

7.1 Nothing in these terms, including sections 7 and 8, shall exclude or limit Work4 Labs’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

7.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”

7.3 In particular, Work4 Labs and its affiliates, and its licensors, do not represent or warrant to you that:

(A) your use of the services will meet your requirements,
(B) your use of the services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(D) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

7.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

7.5 No advice or information, whether oral or written, obtained by you from Work4 Labs or through or from the services shall create any warranty not expressly stated in the terms.

7.6 Work4 Labs further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

8. Limitation of Liability

8.1 Subject to overall provision in paragraph 7.1 Above, you expressly understand and agree that Work4 Labs, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(A) any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
I. Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
Ii. Any changes which work4 labs may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
Iii. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
Iv. Your failure to provide work4 labs with accurate account information;
V. Your failure to keep your password or account details secure and confidential;

8.2 The limitations on work4 labs’s liability to you in paragraph 8.1 Above shall apply whether or not work4 labs has been advised of or should have been aware of the possibility of any such losses arising.

9. Termination

9.1 The Terms will continue to apply until terminated by either you or Work4 Labs as set out below.

9.2 If you want to terminate your legal agreement with Work4 Labs, you may do so by (a) notifying Work4 Labs at any time AND (b) closing your accounts for all of the Services which you use, where Work4 Labs has made this option available to you (e.g., by cancelling your “Work for us” Facebook account through Facebook as described above). Your notice should be sent, in writing, to Work4 Labs’s address which is set out at the end of these Terms.

9.3 Work4 Labs may, at any time, terminate its legal agreement with you by providing you with notice via electronic mail.

9.4 Nothing in this Section shall affect Work4 Labs rights regarding provision of Services under Section 1 of the Terms.

9.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Work4 Labs have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 10.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

10. General Provisions

10.1 The Terms constitute the whole legal agreement between you and Work4 Labs and govern your use of the Services (but excluding any services which Work4 Labs may provide to you under a separate written agreement), and completely replace any prior agreements between you and Work4 Labs in relation to the Services.

10.2 You agree that Work4 Labs may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

10.3 You agree that if Work4 Labs does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Work4 Labs has the benefit of under any applicable law), this will not be taken to be a formal waiver of Work4 Labs rights and that those rights or remedies will still be available to Work4 Labs.

10.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

10.5 You acknowledge and agree that each member of any group of companies of which Work4 Labs is the parent or subsidiary shall be third-party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms.

10.6 The Terms, and your relationship with Work4 Labs under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Work4 Labs agree to submit to the exclusive jurisdiction of the courts located within the city and county of San Francisco, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Work4 Labs shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11. Privacy Policy

11.1 Work4 Labs collect the email addresses of those who communicate with us via email, aggregate information on what web pages users access or visit (log data), and information volunteered by users (such as survey information, account registration information, and all user submitted and -posted material).

11.2 When you subscribe to a paid account, you will be required to provide additional payment-related information to us and/or our payment processing partners. This information may include your credit card number or other payment method information, your full name, your billing address and phone number, and other information necessary to process your subscription billing transactions.

11.3 The information Work4 Labs collects is used to provide the Services to its users and to improve the quality and user experience of the Services. Work4 Labs does not share or sell user information with others except for the purpose of providing the Services, when it has your express permission, or when it becomes necessary to share such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms, or as otherwise required by law.

11.4 Information collected by our payment processing partners will be used according to the their privacy policy or policies, which will be made available to you at the following URL:
https://cms.paypal.com/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_full&locale.x=en_US

12. Changes to the Terms and Privacy Policy

Work4 Labs reserves the right to update and change the Terms and the above Privacy Policy from time to time without notice. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at http://www.work4labs.com/terms-of-service/

13. Questions & Feedback

Questions or feedback regarding these Terms and the above Privacy Policy, and concerns regarding material appearing on or through the Services, should be directed to support@work4labs.com or via U.S. mail to the following address:

Work4 Labs Inc.
118 2nd Street 6th Floor
San Francisco, CA 94105
USA