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JobPixel Terms of Service

Revised August 3, 2023

These Terms of Service (these "Terms" or this "Agreement") of JobPixel, Inc., a Delaware corporation ("JobPixel") govern your access to and use of JobPixel's platform for the exchange of videos (the "Services"). Whether you are a prospective employer or employee, these Terms constitute a binding agreement between JobPixel and you or any company that you represent (as "you," "your," and, as applicable, "Employer" or "Employee"). By accessing or using the Services, you agree to all of the provisions of these Terms as well as JobPixel's privacy and DMCA takedown policies, which are incorporated herein by reference. If you do not accept these Terms, you are not permitted to use the Services.

JobPixel may modify these Terms from time to time, and modified Terms will take effect immediately upon posting to JobPixel's website. Your continued use of the Services after modified Terms have been posted will constitute your acceptance of such modified Terms.

1. License to use Services

JobPixel grants you a limited, non-exclusive, non-transferable, and revocable right and license to access and use the Services in accordance with the Terms. Enjoy!

2. Authority

You represent either that: (i) you are an individual entering this Agreement for his or her personal use and you are over 12 years of age; or (ii) you are the authorized representative of a company or legal entity, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization, and that you are duly authorized to accept and execute this Agreement.

3. User Conduct

You will use the Service solely in accordance with the Terms. Without limitation, you will not use the Service to:

  • abuse, harass, threaten, or intimidate other users;
  • post or transmit any videos or other content that is obscene or otherwise violates any law or right of any third party, that is hateful or discriminatory, or that incites violence or criminal conduct;
  • attempt to impersonate another user or person;
  • conduct any unlawful activity;
  • solicit or obtain password, account, or private information from any user;
  • conduct or promote unauthorized advertising, solicitations, or "spam", including the use our invite services to engage with users without prior consent;
  • use, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of any content, without authorization, that belongs to or is licensed to JobPixel, or that originates from the Services, or that belongs to another JobPixel user or to a third party, or that violates or infringes any third party intellectual property rights;
  • or upload, post, transmit, or make available any videos or other material that contains software viruses or any other malicious computer code designed to interrupt or limit the functionality of the Services.

4. Trademarks and Copyrights

The name "JobPixel" and all other JobPixel marks, logos, taglines, custom graphics, and button icons appearing on the Services are service marks, trademarks, or trade dress of JobPixel and may not be used in connection with any product or service that is not offered by JobPixel in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits JobPixel. All other trademarks, product names, and company names and logos used on the Services, if any, are the property of their respective owners.

All software and audiovisual works of authorship on the Services, the selection and arrangement thereof, and the compilation of all content on the Services are the exclusive property of JobPixel and are protected by U.S. and international copyright laws.

If you are a copyright owner or an agent thereof and believe that any video or other content on the Services infringes upon your copyrights, you may submit a notification to JobPixel pursuant to the Digital Millennium Copyright Act in accordance with our takedown policy recited here.

5. Privacy Policy; Cookies

JobPixel cares about and respects your privacy. Take the time to read JobPixel's privacy policy found here: so you can see how we use any information we receive. You agree that JobPixel may store a cookie in your browser. JobPixel only utilizes Cookies to store necessary information.

6. Using Your Account

You will provide accurate information when you sign up to use the Services and will keep your account information up-to-date. You will also use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use, and you will not let anyone else use your account.

You are solely responsible for all activity on your account, as well as all fees incurred in relation to your account.

The Terms create no agency, partnership, joint venture, employment, or franchisee relationship between you and JobPixel.

JobPixel retains the right to close or suspend your account in whole or in part, and to terminate your use of its Services at its discretion and without notice. You may terminate your account with JobPixel at your discretion. Any outstanding amounts due to JobPixel related to your account after termination will be due at the time of termination.

7. Uptime

JobPixel will make commercially reasonable efforts to maintain the Services in operation and available on the internet. No minimum uptime or service level is guaranteed. JobPixel may terminate or change the Service at any time in its sole and absolute discretion.

8. Posting

When you post videos on the Services, you are granting (and hereby do grant) to JobPixel the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers), perpetual right and license to use, display, distribute, store, prepare derivative works of, and sell such videos, and to use and share your name, likeness, contact information, and other appropriate property to promote such videos in any format now or hereinafter developed, and through any channels, whether on the Services or otherwise, as JobPixel may elect in its sole and absolute discretion. While JobPixel will continue to enjoy all rights in and to videos as necessary for the purposes of delivering the Services, JobPixel may from time to time agree to limit its own use of your content as JobPixel deems appropriate.

Employee understands that all content and videos may be automatically processed by analytical or artificial intelligence mechanisms. The purposes of such automatic analysis may include without limitation legal compliance, risk management, voice-to-text processing, semantic or language processing, formatting, improving the Services, and delivering the Services. We reserve the right to decline to post or distribute any content that is or is suspected to be unlawful or in violation of these Terms in order to, as the case may be, notify law enforcement and ensure legal compliance.

Employee will maintain the accuracy of Employee's contact information on file with JobPixel.

You should always maintain backup copies of all videos and other information uploaded to the Services. Do not use JobPixel as a storage mechanism. Videos and other information uploaded to JobPixel may be deleted without notice.

Employee represents and warrants to JobPixel that Employee has the unencumbered right to post all videos posted by Employee and to transfer the rights to JobPixel and Employer that are set forth herein, and that all such videos will comply with all applicable law. Employee alone will bear sole liability for all videos, any errors and omissions therein, and all harms caused thereby. Employee will indemnify, defend, and hold harmless JobPixel from and against all claims, damages, awards, fees, and costs (including without limitation reasonable legal fees) incurred by or charged to JobPixel in connection with any act or omission of Employee or otherwise arising from Employee's video(s).Employees shall not upload content that is or appears to violate any laws, rules, or regulations ("laws"). JobPixel retains the right to review or remove any content which appears to violate laws. It is the Employee's sole obligation to ensure their content does not violate laws; while JobPixel retains the right to remove content and report any violations to law enforcement, we maintain no obligation other than where legally required to do so.

9. Additional Rights and Obligations of JobPixel

JobPixel will have the right to reject or remove any videos or other content from the Service, for any reason or no reason, in its sole and absolute discretion. JobPixel may from time to time make available to you certain statistics regarding your activity using the Services. JobPixel will not be responsible for any inaccuracies therein.

10. Use of Communications (email, SMS and MMS)

JobPixel uses digital communications, including email and text messages (both SMS and MMS) for various purposes, including to provide users with login authentication codes, providing invitations from other users, sending invitations to other users for a video request or other action, sending service updates, and sending marketing messages. Users that send invitations to other users through our platform, regardless of whether the recipient is a registered user or not, represent that they have permission from such recipients to send these communications.

11. Disclaimer of Warranty

Employer will have sole responsibility for conducting Employer's hiring practices responsibly. Your use of the Services and any information obtained through or from JobPixel will be at your own risk. The Services are provided on an "as is" basis. You acknowledge and agree that JobPixel exercises no control over, and accepts no responsibility for, the videos or other content passing through JobPixel's host computers, network hubs, points of presence, or the internet in general. The videos found on the Services are produced independently by Employees. Thus, JobPixel makes no warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, merchantability, or fitness for a particular purpose, nor any warranties implied by a course of performance, course of dealing, or usage of trade. JobPixel may exercise no editorial control over employee videos. Placement of an employee video on the Services does not imply any endorsement or approval of the employee or the contents of the video by JobPixel.

JobPixel makes no warranties that the Services will be uninterrupted or error-free or that any results obtained from the use of Services will be accurate or reliable. JobPixel expressly disclaims any liability arising in connection with any videos. No oral or written information given by JobPixel will create any warranty, nor may you rely on such information or advice.

12. Limitation of Liability

To the fullest extent permitted by law, neither JobPixel, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by you or any third party, whether in an action in contract, tort, strict liability, or other legal theory. JobPixel will not be liable to you or any third party for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to JobPixel's records, programs, equipment, or services, or any other condition whatsoever. All hiring decisions are the sole responsibility of Employers. JobPixel will not be liable to any party regarding claims of discriminatory hiring, violations of the Americans with Disabilities Act, wage and hour claims, or any other theory of unfair or illegal hiring practices.

Notwithstanding anything to the contrary in these Terms, JobPixel's maximum liability under these Terms for all damages, losses, costs, and causes of actions from any and all claims will not exceed the actual dollar amount paid by you for the portion of Services that gave rise to such claims during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

JobPixel's Services may contain links to third-party websites not under JobPixel's control or ownership, or you may elect to use a third party's services or product in order to use JobPixel's service. Your access to all third-party services will be at your own risk.

13. Governing Law

This Agreement will be governed by the laws of the State of California, no matter where in the world you live. Disputes hereunder will be resolved before the courts of competent jurisdiction seated in San Francisco, California. All remedies available hereunder will be cumulative and not in lieu of any others.

14. Assignment

You do not have the right to assign this Agreement without the prior written consent of JobPixel. JobPixel may assign this Agreement without notice to you. This Agreement will be binding on the parties and their successors and permitted assigns.

15. Entire Agreement; Severability; Survival

This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof that by their nature should survive termination hereof will so survive.

16. Terminology

Use of the words "Employee" and "Employer" in these Terms is intended to be generic in nature and must not be construed to dictate or limit the relationship, if any, to be formed between Employers and Employees, such as independent contractors, advisors, and the like.