Effective Date: May 20, 2014
Welcome to the web site of CareerSushi.com, operated by the “Company.” The web site (the “Web Site”) provides general information about the Company.
1. USE OF THE SERVICES
The Web Site may contain forums, blogs, bulletin board services, live chat areas, videos, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community, a group, or with an individual.
You agree to use the Services only for lawful purposes and to comply with all laws in connection with your use of the Services.
(a) Specifically you agree not to do any of the following: (1) upload to or transmit any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an individual or affiliation with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business, except that employers using the Services are permitted to upload video and other content describing and promoting their companies, the work of their companies, and/or their relevant internship or employment programs for consumption by potential applicants; (6) restrict or inhibit use of the Services by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to the Web Site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; (15) post or transmit any content that constitutes a trade secret of another individual or company; or (16) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by the Company, may harm the Company or users of the Services or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chat room or any other publicly available section of the Web Site (including password-protected areas), and all articles, videos, blog entries and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it.
(c) To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide will be correct, current and complete.
(d) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site or via the Services which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Web Site or Services. However, the Company can neither review all material before it is posted nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Services and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.
If you subscribe on a monthly basis, your credit card will be automatically charged on or about the same date of each month. If you subscribe on a yearly basis, your credit card will be automatically charged on the same date of each year. If you wish to terminate your membership, simply visit your account page and terminate your membership. Your membership will terminate on your next billing date.
The Web Site has a manage platform that can be used to facilitate communication between the candidates and prospective employers. By offering the manage platform, the Company is merely acting as an intermediary is not a party to any communications between an employer and candidate. The Company is not responsible and shall not be liable for any errors or miscommunications between the employer and candidate. The terms of your interaction with any third party are solely between you and such third party. You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such third parties on the Web Site or as part of the Services.
4. TERMINATION OR RESTRICTION OF ACCESS
5. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of the Web Site (including all information, software, text, displays, images and audio) (collectively, “Content”) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site or Services made available to you by Company for personal use or legitimate business purposes related to your role as a current or prospective candidate, employer or vendor. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site or Services without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Web Site or Services are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (y) any part of the Web Site or Services, or (z) access to the Web Site or Services.
6. TRADEMARKS AND PROPRIETARY INFORMATION
The Company name, the terms “Intern Sushi,” “Career Sushi” and “Be Picky,” the Company logo, and copyrighted works on the Web Site, and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Web Site or as part of the Services.
7. NO EMPLOYMENT AGENCY/COMPLIANCE WITH LAWS
The Company is not an employment agency or a recruiting firm. The Company makes no representations or guarantees regarding the effectiveness or timeliness of the Web Site or Services in meeting employment objectives of prospective candidates or their employers. The Company does not guarantee that that utilizing the Web Site or Services will lead to employment or job interviews for prospective candidates, or the identification of qualified or suitable applicants for employers.
THE COMPANY DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS (i.e. CANDIDATES OR EMPLOYERS) OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
Employers using the Web Site and Services understand and agree that it is solely their responsibility to make determinations and ensure compliance with all laws concerning the payment of wages and the offering and administration of internships and employment.
Employers using the Web Site and Services agree to comply with all federal, state and local laws and regulations regarding interns, employees and candidates for employment.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for any reconstruction of any lost data.
YOUR USE OF THE WEB SITE AND SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB SITE OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB SITE, SERVICES OR THE CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
9. LIABILITY OF THE COMPANY AND ITS LICENSORS
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE PRECEDING TWELVE (12) MONTHS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
11. PROTECTION OF PERSONAL INFORMATION AND SECURITY
13. HYPERLINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Web Site may be hyperlinked to other sites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Web Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. The Company is not responsible for webcasting or any other form of transmission received from any hyperlinked site. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
14. COPYRIGHT INFRINGEMENT
The Company respects the copyright rights of others and has adopted the following procedure regarding the removal of allegedly infringing materials from the Web Site, consistent with the removal notification and counter-notification provisions of the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
The DMCA provides a process for an owner of copyrighted material to notify an online service provider of alleged copyright infringement. Upon receipt of a valid DMCA removal notification (described below), the Company will remove or disable access to the allegedly infringing content and take reasonable steps to contact the party that originally posted that content to allow it to file a counter-notification that indicates that it had the right to post the content. Upon receipt of a valid counter-notification (also described below), the Company may restore the content in question, unless it receives timely notice from the party that requested removal that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
By submitting either a removal notification or a counter-notification as described herein, the submitting party acknowledges and agrees that the Company may provide copies of such notices and any information contained therein to the other participants in the dispute or to any other third parties deemed necessary by the Company. Please note that federal law provides that any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees.
If you believe someone has posted your copyrighted material on the Web Site and wish to have it removed, please send a removal notification to the Company's designated copyright agent as provided below. To be considered valid, your request for removal must be written and include the following:
1. A statement that you are the owner of the material that has allegedly been infringed, or a statement that you are authorized to act on behalf of the owner of the material that has allegedly been infringed.
2. Your name, address, telephone number and, if available, an email address so that the Company may contact you.
3. A statement identifying the material that you believe to be infringing and information reasonably sufficient to permit the Company to locate that material. (If you believe multiple copyrighted works have been infringed, you can submit a single notification with a representative list of the allegedly infringed works.)
4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in the removal notification is accurate.
6. Your signature. (The signature may be electronic.)
Promptly after receipt of a valid removal notification, the Company will remove or disable access to the allegedly infringing content. The Company will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send the Company a written counter-notification as provided below.
In response to the Company's receipt of a valid removal notice and removal of material, if you believe that the allegedly infringing material is not infringing and want the Company to restore it on the Web Site, please send a counter-notification to the Company's designated copyright agent as provided below.
To be considered valid, your counter-notification must be written and include the following:
1. Your name, address, telephone number and, if available, an email address so that the Company may contact you.
2. A statement identifying the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or for Los Angeles County, California, if your address is outside of the United States), and that you will accept service of process from the person who sent the removal notice or an agent of such person.
5. Your signature. (The signature may be electronic.)
Promptly after receipt of a valid counter-notification, the Company will forward it to the party who submitted the original removal notification. After the Company sends out the counter-notification, the party that submitted the original removal notification must then notify the Company within 10 business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity. If the Company receives such notification, it will not restore the material. If the Company does not receive such notification, the Company may reinstate the material within 10 to 14 days of receipt of the valid counter-notification.
Where to Send Notices
All notices should be sent to the Company's designated copyright agent using the following contact information:
Intern Media Group, Inc
Attn: Agent for DMCA Notices
1990 South Bundy Drive, Suite 200
Los Angeles, CA 90025
Alternatively, you may email your notice to:
Please indicate either "DMCA Removal Notification" or "DMCA Counter-Notification" in the subject line.
15. TRADE SECRETS
If you believe any of your or your company’s confidential information or information protected by the trade secret laws of California have been posted on the Web Site, please notify the Company at Intern Media Group, Inc., 1990 South Bundy Drive, Suite 200, Los Angeles, California 90025, with details of what information you believe is confidential or protected and where it is located on the Web Site. The Company will investigate all such matters in a reasonable amount of time and remove any information it deems confidential or proprietary to an individual or company.
16. ARBITRATION AGREEMENT
For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Company must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles County, California.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section 16 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 16 shall continue in full force and effect. No waiver of any provision of this Section 16 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Section 16 will survive the termination of your relationship with Company.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The owner of the Web Site is based in the State of California, USA. The Company makes no representation that materials on the Web Site or made available as part of the Services are appropriate or available for use in other locations. If you access the Web Site or Services from other locations, you are responsible for complying with local laws.
Notwithstanding the foregoing, any additional terms and conditions on the Web Site will govern the items to which they pertain.