AWN Career Connections

AWN Career Connections Terms of Service

Acceptance of Terms

Please read this page carefully. Your use of this site constitutes your agreement to the following terms of service. If you do not accept the Terms of Service, do not use the website or any associated services.

AWN, Inc., VFXWorld.com, AWN.com, AIDB.com and jobs.awn.com (collectively, "AWN") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice. You can review the published version of AWN's TOS most any time here. Please note that AWN may provide different services that are governed by different TOS and/or other rules and guidelines applicable to such services.

This TOS includes the Career Connections Privacy Statement, which is incorporated into this TOS by reference. Your use of AWN constitutes your agreement to all such terms, conditions, policies and notices of this TOS, including the Career Connections Privacy Statement.

Description Of Service

AWN currently provides users with access to a collection of on-line resources, including the Career Connections features currently found at http://jobs.awn.com (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for AWN to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new AWN properties, shall be subject to the TOS. You understand and agree that the Service is provided "as is" and that AWN assumes no responsibility for the timeliness, deletion, or failure to store or deliver any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Postings and Submissions

AWN makes no guarantees as to the level of success a user may achieve by using the Service. You are not entitled to any refund, rebate or retribution for usage that you determine to be unsuccessful.

We make no guarantee that your posting will be accessible for the entire term of its listing. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that we cannot be held liable for.

You agree that your job listings may be available on the job boards of our networked partners. If you do not want your jobs listed on additional job boards for free, you need to email jobs@awn.com with your request.

Modifications To Service

AWN may change, add or remove any part of this TOS, or any other terms associated with the use of the AWN Career Connections website, at any time, without prior notice, by posting a notice of such changes to the "Terms of Service" page of the AWN Career Connections website. Any changes shall become part of the TOS and shall take effect as soon as they are posted. By using the Service, you are indicating your explicit consent to the terms of service of this TOS. If you do not agree with the terms of service of this TOS, do not use the Service.

Use Of Service

The job posting and resume database features of Career Connections may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. In consideration of your use of the Service, you agree:

• To provide true, accurate, current and complete information about yourself, your organization or the organization you represent, or any other entity, as prompted by the Service's job seeker and/or company profile systems (such information being the "Content").
• To maintain and promptly update the Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AWN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AWN has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
• Not to upload, post or otherwise transmit any Content that is unlawful (including, without limitation, Content which infringes or misappropriates or otherwise violates any rights of any third party), harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable.
• Not to promote or provide instructional information about illegal activities, nor to promote physical harm or injury against any group or individual.
• Not to impersonate any person or entity, including, but not limited to, an AWN official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
• Not to upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Not to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
• Not to upload items that are designed to damage the systems (ex. Viruses, Trojan horses, worms, time bombs, etc.) or designed to crack the system or extract protected data.
• Not to attempt to probe, scan or test the vulnerability or security of any of the systems used to provide the Service. This includes attempting to overload, flood, spam, mailbomb or crash the system.
• Not to use our services for anything other than their intended uses. This shall include, but not be limited to, the practice of posting job openings that do not specifically exist for the purpose of collecting resumes or other data from our users. This practice is explicitly restricted and may result in cancellation of your posting and removal of your usage rights.
• Not to distribute what the company defines as protected materials to any third party. This may include contact data, passwords, discounts, etc. This includes the sharing of protected data with other site users. No party may utilize data from the website in an attempt to bypass the site's security and extract protected data from outside sources. AWN reserves the right to alter, edit, or remove any data posted.
• Not to aggregate, package, spider, collect, display any of the content on this site without the express written consent of AWN.
• Not to copy, duplicate or use any of the coding, markup language, or software that comprises the site or any of its services. None of these items may be reverse-engineered or duplicated for any purpose.
• Not to post any jobs on Career Connections for any competitor of AWN or posting jobs or other content that contains links to any site competitive with AWN.
• Not to use any AWN or Career Connections resume database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services.
• Not to post on any AWN website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
• Not to send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any AWN website.

Account Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify AWN immediately of any unauthorized use of your password or account or any other breach of security. Ensure that you exit from your account at the end of each session. AWN cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Content Submitted To AWN

AWN does not claim ownership of, and has no responsibility for, the content of any messages, information, logos, electronic files or materials you upload, post, distribute, or transmit via the Service. AWN does not assume any responsibility or liability for your Content. You will be solely responsible for any and all liability with respect to your Content. Under no circumstances will AWN be liable in any way for any Content, including, but not limited to, 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 Service. You represent and warrant that you own, control or are authorized to grant usage of all rights, title and interest of every kind and character in the Content that has been submitted via the Service. You further warrant and represent to AWN that the Content will not infringe any copyright, right of privacy or right of publicity, or any other intellectual property rights, and does not contain any defamatory, libelous or scandalous material, or infringe or violate any other right of any third party. You will not use the Service or permit others to use the Service in any way that violates any law or regulation or subjects AWN to liability. You also represent and warrant that there is no litigation or claims pending against you that may adversely affect the rights granted to AWN hereunder. All Content submitted by you to AWN will be reviewed and is subject to approval by AWN before publication. AWN reserves the right to reject any company, individual, description, graphic, URL or other information. In addition, AWN retains the right, but not the obligation, in its sole discretion, to monitor, review, edit, delete or refuse to post any Content that AWN deems to be objectionable or in violation of the TOS. AWN reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting AWN a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: Use, copy, sublicense, reproduce, edit, modify, adapt, publish, transmit, display, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed. You further grant all rights necessary to effectuate the goals of this agreement, including, without limitation, all rights requisite to perform the Service being provided by AWN. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. This grant of publishing rights is provided free of charge. There are no required royalties or payment of any kind to be paid to you or any third party by AWN for use of the Content, and AWN's use of the Content as provided under this TOS will not violate the rights of any third party. You acknowledge and agree that AWN may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• Comply with legal process;
• Enforce the TOS;
• Respond to claims that any Content violates the rights of third-parties; or
• Protect the rights, property, or personal safety of AWN, its users and the public.

Changes of Information

Information of any type provided by AWN to you through your use of the Service may change at any time without notice. Information about individuals, companies, organizations and other entities may change without AWN being informed of such change. While AWN will use its best efforts to provide accurate information, AWN does not guarantee, nor provide any assurance that any of the information you obtain through your use of the Service is accurate or up to date, or is free of data entry error.

Disclaimer of Warranties

THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. AWN MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION SENT OR ACCESSED THROUGH ITS SITE OR THAT THE SERVICE WILL BE ERROR FREE. AWN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR SECURE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AWN AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) WHETHER OR NOT FORESEEABLE, THAT RESULT IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON INFORMATION PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, EVEN IF AWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY AWN MATERIAL, OR WITH ANY OF AWN'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AWN.

Indemnity

You agree to indemnify, defend and hold harmless, AWN and its subsidiaries, affiliates, officers, agents, advertisers, suppliers, co-branders or other partners, employees and independent contractors, from and against any and all claims or demands made by any third party, including but not limited to any action, cost, damage, obligation, disbursement, expense, liability, loss, penalty, judgment, suit, settlement payments, including without limitation, attorneys', accountants' and other reasonable professional fees and cost, due to, arising out of, relating to, or as a result of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. This indemnification shall survive the termination of the TOS.

Termination

You agree that AWN, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if AWN believes that you have violated or acted inconsistently with the letter or spirit of the TOS. AWN may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that AWN may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that AWN shall not be liable to you or any third-party for any termination of your access to the Service.

Restrictions on Use

You may use the Service for your own non-commercial use and benefit. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Links

You may publish links within the Content to other World Wide Websites or resources. Because AWN has no control over such links, sites and resources, you acknowledge and agree that AWN does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AWN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your or any third party's use of or reliance on any such materials, goods or services available on or through any such site or resource.

Acceptance

Your use of the Service constitutes acceptance of this TOS. You hereby waive any and all defenses you may have based on the electronic form of this TOS and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms of service of this TOS and any additional terms, conditions, rules or procedures imposed by Service or by third party content providers in connection with third-party content, software or services available on, through or in connection with Service.

Waiver

Failure to enforce strict performance of any provision of this TOS will not constitute a waiver of AWN's right to subsequently enforce such a provision or any other provision of this TOS, nor will any delay or omission on the part of AWN to exercise or take advantage of any right or remedy that AWN has or may have hereunder operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of this TOS shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

General Information

This TOS constitutes the entire agreement between you and AWN and governs your use of the Service, superceding any prior agreements between you and AWN. You also may be subject to additional terms of service that may apply when you use other affiliate or AWN services. You acknowledge and agree that any controversy or claim arising out of or relating to this TOS, or any breach thereof, shall be determined and settled by binding arbitration in Los Angeles, California, pursuant to the rules then pertaining of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The parties will share equally the administrative costs of such arbitration proceedings. This TOS and all matters or issues collateral thereto shall be governed by the laws of the State of California, United States of America, applicable to contracts made and performed entirely herein.

By accepting this agreement, you also agree to the terms and conditions set forth by JobTarget.

If you have any questions or concerns about anything contained in this document, please email us at jobs@awn.com or mail us at:

AWN, Inc.
6525 Sunset Blvd. GS10
Los Angeles, CA 90028 USA.

Thank you.