This Service is provided by Gerber Enterprises (herein referred to as “The Company”). The Company owns and operates NeverGetaRealJob.com and all Terms and Conditions of Use (and the rules that may be published and updated from time to time) herein apply to use of NeverGetaRealJob.com (hereinafter referred to as “Our Service”). Before using Our Service read these Terms and Conditions carefully. By using Our Service you are agreeing to these Terms and Conditions of Use (referred to herein as “The Agreement”). The Company has the right to terminate the account of users who violate the terms of this Agreement and to permanently ban such users from using Our Service. The Company reserves this Agreement at any time and for no reason whatsoever. The Company also reserves the right to make any changes at any time, without notice, to any of the information, products or services contained on or offered through Our Service.
You expressly understand and agree that your use of Our Service is at your sole risk. Our Service is provided on an “as is” and “as available” basis. Any material downloaded or otherwise obtained through the use of Our Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material.
You retain full ownership of and all rights, title, and interest in and to any materials, videos, sound recordings, compositions, pictures, song lyrics, writings and/or other content format, now known or later developed (collectively referred to herein as “Content”) that you submit or make available for inclusion on Our Service. By submitting Content, you hereby grant The Company a worldwide, perpetual, royalty-free, irrevocable, transferable and fully sublicensable, non-exclusive license(s) to access your Content through Our Service and to use, market, store, distribute, reproduce, modify, adapt, publicly perform, create derivative works of, and publicly display your Content anywhere (in whole or in part) and to incorporate such Content into other works in any form, media, or technology now known or later developed without any claim for payment, or right to royalties, by you. You also grant each user of Our Service a non-exclusive license to access your Content through Our Service and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Content as allowed by Our Service and in accordance with this Agreement.
To the extent that you appear in the Content, you agree that we have the right to use (and to license to others to use) your name, voice and likeness in connection with our use of the Content without any payment to you. We shall also have the right to use the Content in order to promote our products and services and to use your name, picture, photograph, other reproduction of your appearance, and biographical material without any payment to you. You hereby waive any right to inspect or approve uses of the Content.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NEITHER THE COMPANY , NOR ITS SUPPLIERS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OUR SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM.
BY REGISTERING FOR MEMBERSHIP, YOU (FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, ASSIGNS, AND SUCCESSORS-IN-INTEREST) HEREBY RELEASE AND ABSOLUTELY DISCHARGE THE COMPANY AND ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, DEBTS, LIABILITIES, OBLIGATIONS, COSTS, EXPENSES, LIENS, ACTIONS, CAUSES, AND CAUSES OF ACTION, OF EVERY KIND OF NATURE WHATEVER, AT LAW OR IN EQUITY, KNOWN OR UNKNOWN, WHICH YOU EVER HAD, NOW HAVE OR HEREAFTER SHALL HAVE OR MAY HAVE IN ANY WAY ARISING OUT OF, IN CONNECTION WITH THIS AGREEMENT AND OUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, UNFAIR COMPETITION, INVASION OF PRIVACY, NEGLIGENCE, BREACH OF IMPLIED CONTRACT OR BREACH OF CONFIDENTIALITY, AND YOU FURTHER WAIVE ALL RIGHTS YOU MAY HAVE IN ANY MATERIALS UPLOADED OR SENT TO US BY YOU.
The Company is not responsible or liable in any manner for any user Content or third party Content posted on the website or in connection with Our Service, whether posted or caused by users of Our Service or by any of the equipment or programming associated with or utilized in Our Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post on Our Service and are not responsible for any offensive, inappropriate, or otherwise objectionable Content you may encounter on Our Service or in connection with any user Content. The Company and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on Our Service.
The Company further expressly disclaims (1) that Our Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that Our Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of Our Service or the Content made available on the website will be correct, accurate, timely, or otherwise reliable.
The Company disclaims any liability arising from third party advertisements which are posted on or through Our Service. The Company does not take any responsibility for the goods or services provided by its advertisers, affiliates, and associated third parties. The Company is not responsible for the conduct, whether online or offline, of any user of the Our Service services. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on Our Service or combination thereof, including any injury or damage to users or any person’s computer related to or resulting from participation, uploading or downloading materials in connection with the Our Service.
You are solely responsible for your Content that you upload, publish or display on or through Our Service or transmit to or share with other users and we act as a passive conduit for your online distribution and publication of your Content. You understand and agree that The Company may, but is not obligated to, review and delete or remove (without notice) any user Content in its sole discretion, including without limitation, user Content that in the sole judgment of The Company might be offensive, or that might violate the rights, harm, or threaten the safety of users or others or if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our suppliers.
By registering for membership, you represent and warrant that (1) you are 13 or older and that you have the capacity to understand, agree to and comply with the terms of this Agreement; (2) if you are a minor (according to the applicable laws of your State or Country), that you have obtained the consent of your parent or legal guardian for you to enter into this Agreement; (3) the Content is your own original work, and contains no material otherwise created by someone who is not you; (4) you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Company to use all Content, including patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content submitted to enable inclusion and use of the Content in the manner contemplated by this Agreement; (5) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content; (6) we are not required to make any payments of any kind to you or any other person or company in connection with our use of the Content; (7) the Content does not and will not infringe on any third party’s intellectual property or other proprietary rights, or rights of publicity or privacy; (8) the Content is not and will not be defamatory, libelous, pornographic or obscene; and (9) the Content does not and will not contain any viruses or other information which may damage or otherwise interfere with our computer system or data or that of our visitors or other users. Upon our request, you agree to furnish us with all documentation, consents and/or other releases necessary to prove your unrestricted ownership in all materials contained in the Content and/or your right to use such materials without limitation for any purpose including without limitation all agreements with all third parties appearing in the Content setting forth those third parties’ consent to your use of the Content.
In addition, by registering for membership you agree that you shall not (1) reproduce, duplicate, copy, sell, trade or exploit for any commercial purposes any portion of Our Service, use of Our Service or access to Our Service; (2) violate or attempt to violate the security of Our Service; (3) access data or materials not intended for you; (4) log onto Our Service under another person’s account, impersonate any person, or use another person’s password; (5) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (6) attempt to interfere with Our Service to any user, host or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “mailbombing” or “crashing” Our Service, (7) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (8) use Our Service in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of The Company, its third party suppliers or any other third party; (9) make any use of Our Service which is illegal under, or would violate, any applicable law, statute, ordinance or regulation; (10) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; (11) upload, post, email, transmit or otherwise make available any Content that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (12) “stalk” or otherwise harass another; or collect or store personal data about other users; (13) access the Our Service by any means other than through the interface that is provided to you by Our Service; (14) use any device, software or routine to interfere or attempt to interfere with the proper working of Our Services; (15) disclose your password to any third parties or use your password for any unauthorized purpose. If you violate any of these rules your account will be terminated.
You acknowledge that The Company is relying upon your representations contained herein. You agree to indemnify, defend and hold harmless The Company, its subsidiaries, and affiliates and their respective officers, agents, partners and employees, from and against any and all claims, proceedings, damages, injuries, liabilities, lawsuits, costs and expenses (including reasonable attorneys’ fees), resulting from (a) any misrepresentations made by you in registering for Our Service; (b) any violation of the terms and conditions of this Agreement; (d) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account; (c) your use of (or inability to use) Our Service; and (d) any use of your Content by The Company or Our Service or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. You agree to execute and deliver documents to us that we may request to confirm our rights under this Agreement. This indemnification and defense obligation will survive this Agreement and your use of Our Services.
The Company uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to The Company and any information stored on servers controlled by The Company. Notwithstanding these efforts, The Company cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify The Company in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized. Please notify us immediately of any unauthorized use of your user name and password via email to [email protected]
The Company’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of The Company. This Agreement is binding on the user’s heirs or successors.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement sets forth the entire understanding and agreement between you and us and supersedes all previous agreements, communications, oral or written, between you and us, and will be deemed effective as of the date that you first registered for membership.
The Company may cancel your membership at any time for any reason. Once your account is terminated by The Company, you may not access your account on Our Service in any manner or for any reason without the express written consent of The Company.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. Specifically, you represent and warrant that you are in compliance with (1) the applicable laws regarding your state’s requirements for participation in social networking sites by users in your age group; (2) all applicable state laws regarding online conduct and acceptable Content; (3) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge and agree that you have read and understand this Agreement and that you have had the opportunity to seek independent legal counsel regarding the advisability of entering into this Agreement. The rights you grant to us in this Agreement are in consideration of the potential use of your Content by us. You hereby acknowledge the adequacy and receipt of such consideration. This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to any conflict of laws provisions. You agree that if any part of this Agreement is found to be unenforceable, then the remainder of this Agreement will remain in full force and effect. Both parties submit to jurisdiction in New York, and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in New York, New York.