ACCEPTANCE OF TERMS OF SERVICE

  1. You (hereafter “You” “User” or “Account(s)”) agree to and are bound by the terms and conditions set forth below and to any modified or additional terms that Between 10and5 (hereafter “10and5” or “Site” or “our”, or “we”) may publish from time to time (hereafter “Terms” or “Agreement”). If you do not agree to be bound by all of the Terms contained in the Terms of Service, do not access or utilize 10and5 Matchie.
  2. 10and5 may change these Terms from time to time. Your continued access or utilization of 10and5 constitutes your acceptance of such changes. Your access and utilization of 10and5 will be subject to the current version of the Terms, rules, or guidelines posted on 10and5 at the time of such use. In addition to regularly reviewing the Terms, please accept the Terms only after reviewing the Terms upon entering 10and5.
  3. If you breach any of the Terms, your authorization to access or utilize this Site shall automatically terminate.

REGISTRATION AND ELIGIBILITY

  1. In order to utilize 10and5, you must register with 10and5 on the Site. By registering you agree to:
    1. provide accurate, current, and complete information about you (hereafter “Registration Data”) as may be prompted by the registration forms on the Site;
    2. maintain the security of your password, username, and identification;
    3. maintain and promptly update the Registration Data, and any other information you provide to 10and5, and keep it accurate, current and complete; and
    4. accept all risks of unauthorized access to the Registration Data, and any other information you provide to 10and5. (Please review our Privacy Policy).
  2. This Site is not intended for users who are under the age of 17. In order to create an account for 10and5, you must be 17 years of age or older. By registering, you represent and warrant that you are 17 years of age or older.

PRIVACY

  1. See our Privacy Policy for information about how 10and5 collects, uses, and discloses information on users of the Site.

INTELLECTUAL PROPERTY

  1. All content on this Site, including but not limited to the Creative Job Board, Job Posts, Build a Portfolio, Staff Selects, Employers, Images, Footage, and related metadata (hereafter collectively the “10and5 Content”), as well as the selection and arrangement of the 10and5 Content, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treatises. Any unauthorized use of 10and5 Content violates such and this Term of Service. Except as expressly provided herein, we do not grant any express or implied permission to use the Site, Site Service (as hereafter defined), or any 10and5 Content.
  2. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer, the Site or any 10and5 Content. Additionally, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site.
  3. You may not sell, modify, re-publish or distribute 10and5 Content in any way.
  4. You may not remove any watermarks, trademarks, or copyright notices contained in the 10and5 Content.

10AND5 TRADEMARKS

  1. For purposes of these Terms of Service, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, internet domain names, or other indications or origin now or in the future used by 10and5.
  2. Nothing contained herein grants or shall be construed to grant you any rights to use any 10and5 Trademark, unless expressly conferred by these Terms of Service.
  3. You agree that you will not use 10and5’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or 10and5.
  4. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist in or encourage any other person or entity to contest challenge, the validity of any 10and5 Trademarks or Trademark rights claimed by 10and5.
  5. You agree that you will not use any 10and5 Trademark or any variation thereof, including misspellings, as a domain name or as part of a domain name, regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
  6. You may not at any time, adopt or use, without 10and5’s prior written consent, any word or mark, which is similar to or likely to be confused with 10and5’s Trademarks.
  7. The look and feel of the 10and5 website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of 10and5 and may not be copied, imitated or used, in whole or in part, without the prior written consent of 10and5.
  8. All other trademarks, product names, and company names or logos used or appearing on the 10and5 website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by 10and5, unless expressly stated.
  9. You may not use a 10and5 trademark, logo, image, or other proprietary graphic of 10and5 to link to the 10and5 website without the prior written consent of 10and5.
  10. You may not frame or hotlink to the 10and5 website or any image without prior written consent of 10and5.

SITE SERVICES AND LIMITED LICENSE TO USERS

  1. Subject to your compliance with these Terms of Service, any applicable license agreement with 10and5, and the law, you may access and use the Site Services.
  2. Several services are made available to you, pursuant to your use of the Site and the 10and5 Content licensed thereon (hereafter the “Site Services”).
  3. The Site Services, including but not limited to, The Creative Job Board, Build a Portfolio, Staff Selects, Employers, Post a Job, Login, and other features on 10and5 may only be used by individuals seeking employment, to build a portfolio, and/or career information and by employers seeking employees.
  4. 10and5 remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Services. 10and5 may modify, replace, or discontinue any Site Service at any time, for any reason, with or without notice, in 10and5’s sole discretion. 10and5 provides the Site Services on an “as is” and “as available” basis. 10and5 (or third parties acting on its behalf) may collect data related to your use of the Site Services.
  5. 10and5 may make 10and5 Content available through the Site Services. Displaying and/or distributing to the public any watermarks or unlicensed 10and5 Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

JOB POSTS GUIDELINES

  1. Subject to adherence to the Terms of Service herein, Job Posting credits do not expire.
  2. A single Job Posting may only advertise a single position.
  3. In addition to the limitation outlined in Section VIII (3) herein, Job Posts may not contain:
    1. Any hyperlinks, other than those specifically authorized by 10and5;
    2. the names, logos, or trademarks of unaffiliated companies other than those of your client, unless expressly agreed to in writing by said unaffiliated company and 10and5;
    3. the names of academic institutions, cities, states, towns, or countries that are unrelated to the posting; and
    4. more than one job or job description, more than one location, or more than one job category.

BUILD A RESUME GUIDELINES

  1. You are solely responsible for all User Content you upload.
  2. You understand that User Content is intermittently selected and featured on 10and5 Staff Selects section on the Site. To opt out of this prospect, be removed and/or not considered, you shall send formal notice in an email to support@10and5.com, including your account name and request of opt out.

USER CONTENT

  1. For any image, text, or any other content that you upload or post to the Site (hereafter “User Content”), including but not limited to the Site Services, you represent and warrant that:
    1. you are authorized, empowered, and able to enter into and fully perform your obligations under the Terms;
    2. you have all necessary rights to submit your User Content to the Site and Site Services;
    3. neither these Terms nor the fulfillment hereof, by you, infringes upon the rights of any individual, corporation, partnership, association or other organized group of persons or legal successors or representatives of the foregoing;
    4. 10and5 will not need to obtain licenses from any third party or pay royalties to any third party with respect to your User Content;
    5. your User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
    6. your User Content complies with these Terms and all applicable laws.
  2. By uploading your User Content to the Site and to the Site Services, you grant 10and5 a limited, worldwide, non-exclusive, royalty free license and right to copy, transmit, distribute, publicly perform, and publicly display (through all media now known or hereafter created), and make derivative works from User Content for the purpose of allowing you to edit and display User Content using the Site Services and archiving or preserving User Content for disputes, legal proceedings, or investigations. The aforementioned licenses will continue unless and until you remove User Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for archival and preservation purposes within the context of a legal dispute, proceeding, or investigation shall continue indefinitely.
  3. You may not use the Site or Site Services to do any of the following:
    1. Create, upload, post, transmit, or otherwise make available any image, text, or other content that is unlawful, harmful, threatening, violent, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise discriminatory;
    2. Create, upload, post, transmit, or otherwise make available any image, text, or other content that infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
    3. Create, upload, post, transmit, or otherwise make available any image, text, or other content that exploits minors;
    4. Create, upload, post, transmit, or otherwise make available any image, text, or other content that depicts unlawful acts;
    5. Create, upload, post, transmit, or otherwise make available any image, text, or other content that depicts animal cruelty or violence towards animals;
    6. Create, upload, post, transmit, or otherwise make available any image, text, or other content that promotes fraud, fraudulent schemes, or gives rise to a claim of deceptive advertising or unfair competition;
    7. Create, upload, post, transmit, or otherwise make available any image, text, or other content that violates any law, statute, or regulation; or
    8. Upload or transmit spam or unsolicited messages using the transmission capabilities of the Site or Site Services.

INFRINGEMENT CLAIMS/ DMCA NOTICES

  1. If you believe that anything on the Site or Site Service infringes upon any copyright that you own or control, you may file a notification with 10and5’s administration on admin@10and5.com
  2. If you knowingly misrepresent in your notification that the Site, Site Services, User Content, or any related activity is infringing, you may be liable for any damages, including costs and attorney’s fees, incurred by 10and5 or the alleged infringer as the result of 10and5 relying upon such misrepresentation in removing or disabling access to the alleged infringement, claimed to be infringing.

LIMITATIONS

  1. You agree that you shall not:
    1. Engage in conduct that shall constitute a violation of any law or that infringes the rights of 10and5 or any third party.
    2. Violate any applicable laws or regulations related to the access or use of the Site, or engage in any activity prohibited by these Terms.
    3. Violate the rights of 10and5 or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

TERM, TERMINATION AND EFFECTS OF TERMINATION

  1. 10and5 may block, restrict, disable, suspend, or terminate your access to all or part of the Site, the Site Services, and/or 10and5 Content and/or User Content at any time in 10and5’s discretion, without prior notice or liability to you. Any conduct by you that, in 10and5’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without any further notice to you.
  2. While 10and5 reserves the right in its sole discretion to remove User Content, job postings, portfolios, resumes, or other materials from the 10and5 Site, 10and5 does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
  3. If you wish to terminate this Agreement or your 10and5 account (if you have one), you may simply discontinue using the Site Service.
  4. All provision of this Agreement, which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

LINKS TO THIRD PARTY SITES

  1. In the event that 10and5 provides links to any third-party websites or permits any third party to link from its website to the 10and5 website, you acknowledge that 10and5 makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of 10and5, and 10and5 provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by 10and5.

WARRANTIES AND DISCLAIMERS

  1. You use of the Site and the Site Services is at your own risk.
  2. The Site acts as, among other things as a venue for i) employers to post job opportunities and search for and evaluate job candidates, and ii) candidates to post resumes and build portfolios and search for and evaluate job opportunities. Accordingly, 10and5 is not responsible for User Content, the quality, safety, or legality of the User Content posted, or the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and 10and5 makes no representations about any jobs, resumes, portfolios, or User Content on the 10and5 Site.
  3. 10and5 does not screen or censor Users or User Content and 10and5 is not involved in the communication between Users. Therefore, 10and5 has no control over the accuracy, reliability, completeness, or suitability of Users or User Content submitted on the Site and makes no representations about the Users or User Content on the 10and5 site.
  4. Please understand and take notice that there are risks, including but not limited to risk or physical harm, in dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with Users with whom you come in contact with through the Site. Use caution and common sense when using this Site.
  5. In the event you have a dispute with one or more 10and5 User, you agree to release 10and5 and all of our agents and employees from claims, demands, damages of every kind of nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with said disputes to the fullest extent permitted by law.
  6. You represent, warrant, and covenant that:
    1. Your use of the Site and Site Service shall be in strict accordance with the Terms, Privacy Policy, and all applicable laws and regulations (including but not limited to any local laws or regulations in your county, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and
    2. Your use of the Site and Site Service shall not infringe or misappropriate the intellectual property rights of any third party.
    3. The Site and Site services, are provided by 10and5 under these Terms “as is” without warranty of any kind, express, implied, statutory, or otherwise. 10and5 expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
  7. Without limiting the foregoing, 10and5 makes no warranty, representation, or covenant that:
    1. the Site will meet your requirements;
    2. access to the Site will be uninterrupted;
    3. the quality of the Site will meet your expectations; and
    4. any errors or defects in the Site, Site Services, or materials will be corrected.
  8. 10and5 makes no warranty, representation, or covenant that the Site will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error free, that any of the User Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that 10and5 will continue to support any particular feature on the Site Services. To the extent that any disclaimer or limitation on liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
  9. 10and5 will use and protect your personal information, such as your name and address, in accordance with the 10and5 Privacy Policy, the contents of which are incorporated by reference into these Terms.

INDEMNIFICATION

  1. At your sole expense, you agree to defend, indemnify, and hold harmless 10and5, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities, and expenses (including but not limited to reasonable attorney’s fees) arising out of or related to your conduct, your use or inability to use the Site, the Site Services, your breach or alleged breach of the Terms or of any representation, warranty, or covenant contained herein, your unauthorized use of 10and5 Content, or your violation of any rights of another 10and5 User.

GOVERNING LAW AND JURISDICTION

  1. These Terms are governed by and shall be construed in accordance with the laws of South Africa. All actions, controversies and disputes arising from or relating to these Terms shall be heard and decided exclusively before the courts located within South Africa and not elsewhere.

SEVERABILITY

  1. The invalidity or unenforceability of any part of these Terms shall not affect the validity or enforceability of all other provisions of these Terms and such Terms shall remain in full force and effect.