Terms of Service
Published April 20, 2015
Welcome to The Washington Post's Talent Network (the "Site "). This Site is provided by WP Company LLC (The Washington Post) ( "we " or "us ").
In exchange for access to the Site, users ( "you ") must agree to enter into this contract, called the Terms of Service, with us. Please read these Terms of Service carefully, because this document is a legal contract, and by using the Site you agree to its terms.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 11) AND DISCLAIMERS OF LIABILITY (SECTION 12).
We may change the Terms or modify any features of the Site at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the "Terms of Service " link at the bottom of the Site's home page. If you continue to use the Site after changes are posted you will be deemed to have accepted the change.
2. User Conduct
You agree and warrant that you will not use the Site in a manner that is illegal or otherwise inconsistent with these Terms of Service, or that we deem objectionable. We may restrict, suspend, or terminate your access to the Site without notice for any reason, including if we believe that you may have violated any law or these Terms of Service.
The Site is offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Site for any other purpose.
You agree that you will only access the Site through the interfaces we provide. You agree not to "hack " or reverse-engineer the Site, take any action that could have the effect of damaging the Site or its security, or interfere with other users' use of the Site. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Site, or to send unsolicited or unlawful e-mail, to or through the Site or with reference to us or the Site. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
4. Our Intellectual Property
The Site (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) is protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Site are also copyrighted works. All copyrights in the Site are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Site, or unless expressly authorized by The Washington Post in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Site.
5. Trade and Service Mark Rights.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Site, whether or not appearing in large print or with the trademark symbol, belong exclusively to The Washington Post or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of The Washington Post, its affiliates, or any third party.
The material on the Site is provided for informational purposes only as a convenience for our users. You should not rely on this Site except as an informational resource.
6. Prohibited Conduct
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not:
- Access parts of the Site to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Site.
- Engage in unauthorized "scraping " or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information.
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site.
- Take any action that violates or threatens our system or network security.
7. Registration and Security
You also can provide us certain information about yourself in the "My Profile " section of your account, which you agree to keep accurate and updated.
You will be responsible for all usage and activity on your account, including use of the account by any third party authorized by you to use your login credentials. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms.
You must be 13 years or older to use the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
8. Third-Party Content and Links to Third-Party Websites
The Site may contain third-party owned content and links to other websites ( "Linked Sites "). The Washington Post does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of The Washington Post, and The Washington Post is not responsible for the content or privacy practices of the Linked Sites.
9. Limitation of Liability
You understand that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Site, for any reason, including costs incurred while using the Site, the inaccessibility of the Site, information posted on the Site, or the costs associated with any claims you bring or try to bring against us. In particular, we are not responsible or liable for any transactions, claims, costs, or other actions or experiences related to any of the service providers listed on the Site.
IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, ANY LINKED SITES, ANY SERVICE PROVIDERS' OR ADVERTISERS' PRODUCTS, SERVICES, GOODS, OR EVENTS OFFERED ON OR IN CONNECTION WITH THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUBSIDIARIES, PARENTS, PARTNERS, AND LICENSORS ( "THE POST PARTIES ") FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
YOU AGREE TO INDEMNIFY THE POST PARTIES AGAINST, AND HOLD THE POST PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) INCURRED AS A RESULT OF YOUR USE OF THE SITE OR CLAIMS MADE IN CONNECTION WITH SUCH USE.
11. Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS. " WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
This agreement may be terminated by us for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.
13. Governing Law / Entire Agreement
You agree that any dispute between you and us will be governed by the law of the District of Columbia, and that any legal action brought by one party against the other will be brought in the courts of the District of Columbia.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of the Site, superseding any prior communications and proposals in any form between you and us. If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall remain in effect.
15. E-Sign Disclosure and Consent.
By registering a Talent Network account and agreeing to these Terms of Service, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (collectively, the "Electronic Communications"). We will provide these Electronic Communications by posting them on the Site, the "My Profile" section of your account, and/or emailing them to your primary email address associated with account. You agree that the Electronic Communications will satisfy any legal communication requirements, including that such communications be in writing. Electronic Communications will be deemed received by you within 24 hours of the time posted to our website or the "My Profile" section of your account, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
a. System Requirements to Access Information. To receive Electronic Communications, you must have the following equipment and software:
- a computer or other device with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
- a valid email address (your primary email address associated with the Digital Products Subscription); and
- Sufficient storage space or other methods (e.g., a USB drive or secure online storage) to save past Electronic Communications or a printer to print them.
Your access to this page verifies that your system/device meets these requirements. You also confirm that you have access to the necessary equipment and are able to receive, open, print, or store Electronic Communications.
It is your responsibility to keep your primary email address up to date. You can change your primary email address in the "My Profile" section of your account. You agree that Electronic Communications sent to a primary email address that is incorrect, out of date, blocked by your service provider, or cannot be received due to your failure to maintain the system requirements, will be deemed to have been provided to you. If an Electronic Communication is returned to us because an email your address becomes invalid, we may deem your registration to be inactive, and you will not be able to use your account until we receive a valid, working primary email address from you.
We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications.
b. Paper Delivery of Disclosures and Notices. You have the right to receive a paper copy of the Electronic Communications. To receive a paper copy at no charge, please request it by sending an email request to: firstname.lastname@example.org. Any withdrawal of your consent to receive Electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent we may - though we are not required to - cancel your registration with the Site.
From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of the Site constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Service by clicking the "Terms of Service " button at the bottom of the web pages on the Site because this agreement is binding on you.
17. Additional Agreements
From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Service, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Service and any additional agreement.
18. No Waiver
You agree that our failure to enforce any provisions of these Terms of Service or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Service or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Service or your access to and use of the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about the above Terms of Service, please contact us before using the Site at email@example.com.