Terms of Use

Understanding your rights and responsibilities as an
EasyCityLiving user

Privacy Reminder
Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.

Terms of Use
This page states the Terms of Use ("Terms") under which you ("You") may use the EastCityLiving Sites and the EastCityLiving Services (each as defined below).

These Terms constitute a binding agreement between You and EastCityLiving. or the EastCityLiving company operating the Web site for the country in which You live or in which business is headquartered ("EastCityLiving"), and are deemed accepted by You each time that You use or access any EastCityLiving Site or EastCityLiving Services. If You do not accept the Terms stated here, do not use the EastCityLiving Sites and the EastCityLiving Services.

The EastCityLiving Sites are defined as any Web sites under EastCityLiving's control, whether partial or otherwise (including, without limitation, the EastCityLiving Sites and the Web site from which these terms of use were accessed from). The EastCityLiving Sites include a variety of features and services, including an on-line service to post and search employment opportunities ("EastCityLiving ServicesEastCityLiving may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.

Users who violate these Terms may have their access and use of the EastCityLiving Sites suspended or terminated, at EastCityLiving's discretion.

Eligibility
You must be 13 years of age or older to visit or use any EastCityLiving Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any EastCityLiving Site under the supervision of a parent, legal guardian, or other responsible adult. By visiting the EastCityLiving Sites or accepting these Terms, You represent and warrant to EastCityLiving that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to EastCityLiving that You will use the EastCityLiving Sites in a manner consistent with any and all applicable laws and regulations.

Use of EastCityLiving Content
EastCityLiving authorizes You to view and access a single copy of the content available on or from the EastCityLiving Sites solely for your personal use. The contents of the EastCityLiving Sites such as text, graphics, images, logos, button icons, software and other EastCityLiving content (collectively, "EastCityLiving Content"), are protected under both United States and foreign copyright, trademark and other laws. All EastCityLiving Content is the property of EastCityLiving or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the EastCityLiving Sites is the exclusive property of EastCityLiving and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the EastCityLiving Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original EastCityLiving Content on any authorized copy You make of the EastCityLiving Content.

You agree not to sell or modify the EastCityLiving Content or reproduce, display, publicly perform, distribute, or otherwise use the EastCityLiving Content in any way for any public or commercial purposeThe use of the EastCityLiving Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that EastCityLiving creates to generate or display any EastCityLiving Content or the pages making up any EastCityLiving Site is also protected by EastCityLiving's copyright and you may not copy or adapt such code.

EastCityLiving Site Restrictions
Users may not use any EastCityLiving Site in order to transmit, post, distribute, store or destroy material, including without limitation, EastCityLiving Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any EastCityLiving Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any EastCityLiving Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. EastCityLiving will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all of our customers, EastCityLiving reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in EastCityLiving's sole discretion from time to time.

Specific Prohibited Uses
The job posting, resume database ("EastCityLiving Resume Database") and other features of the EastCityLiving Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. EastCityLiving Communities and Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.

EastCityLiving specifically prohibits any other use of the EastCityLiving Sites, and all Users agree not to do any of the following: (a) post any jobs on any EastCityLiving Site for any competitor of EastCityLiving or post jobs or other content that contains links to any site competitive with EastCityLiving; (b) post jobs or content on any EastCityLiving Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any EastCityLiving Site; (d) use any EastCityLiving Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the EastCityLiving Resume Database to sell or promote any products or services; (e) use the EastCityLiving Communities for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any EastCityLiving Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any EastCityLiving Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any EastCityLiving Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any EastCityLiving Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any EastCityLiving Site other than the search engine and search agents available from EastCityLiving on such EastCityLiving Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any EastCityLiving Site; (m) aggregate, copy or duplicate in any manner any of the EastCityLiving Content or information available from any EastCityLiving Site, without express written consent from EastCityLiving; or (n) frame or link to any EastCityLiving Content or information available from any EastCityLiving Site.

EastCityLiving does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.

If notified by a User of User Content (as defined in Section 6 below) or other materials which allegedly do not conform to these Terms, EastCityLiving may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. EastCityLiving has no liability or responsibility to Users for performance or nonperformance of such activities.

Registration Information
When You register with any EastCityLiving Site, You will be asked to create an account and provide EastCityLiving with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with EastCityLiving's Privacy Policy.

You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from EastCityLiving, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in EastCityLiving's databases and will be removed from any public area of the EastCityLiving Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through EastCityLiving's web servers. In addition, third parties may retain cached copies of your Information.

User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a EastCityLiving Site ("User Content") is the sole responsibility of the person from which such User Content originated. EastCityLiving claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through EastCityLiving and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through EastCityLiving, you grant EastCityLiving a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through EastCityLiving. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant EastCityLiving a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting EastCityLiving services. EastCityLiving will discontinue this licensed use within a commercially reasonable period after such User Content is removed from EastCityLiving. EastCityLiving reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any EastCityLiving Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any EastCityLiving Site retains any and all rights that may exist in such User Content.

EastCityLiving acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, EastCityLiving may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any EastCityLiving Site. EastCityLiving reserves the right to expel Users and prevent their further access to the EastCityLiving Sites and/or use of the EastCityLiving Services for violating the Terms or applicable laws, rules or regulations. EastCityLiving may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for EastCityLiving, damage EastCityLiving's brand or public image, or cause EastCityLiving to lose (in whole or in part) the services of its ISPs or other suppliers. EastCityLiving does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the EastCityLiving Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
• harasses, incites harassment or advocates harassment of any group or individual;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• contains restricted or password only access pages, or hidden pages or images;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
• solicits passwords or personal identifying information from other Users.

It is also a violation of the Terms, to include in any User Content submitted to EastCityLiving Communities information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.

In order to protect our EastCityLiving Community Users from commercial advertising or solicitation, EastCityLiving reserves the right to restrict the number of e-mails which a User may send to other Users to a number which EastCityLiving deems appropriate in its sole discretion.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, EastCityLiving may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. EastCityLiving has no liability or

Registration and Password.
You are responsible for maintaining the confidentiality of your employer account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Your EastCityLiving Site registrations and passwords, whether or not authorized by You. You agree to immediately notify EastCityLiving of any unauthorized use of your employer account, Profile, passwords or passwords, as the case may be.

We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

EastCityLiving's Liability
The EastCityLiving Sites act as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. EastCityLiving is not involved in the actual transaction between employers and candidates. As a result, EastCityLiving has no control over User Content, the quality, safety or legality of the jobs or resumes posted, 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 EastCityLiving makes no representations about any jobs, resumes or User Content on the EastCityLiving Sites. EastCityLiving may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for EastCityLiving, damage EastCityLiving's brand or public image, or cause EastCityLiving to lose (in whole or in part) the services of its ISPs or other suppliers. While EastCityLiving reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the EastCityLiving Sites from time to time, EastCityLiving does not assume any obligation to do so and disclaims any liability for failing to take any such action.

The EastCityLiving Communities provide a venue for individuals to network for professional purposes and EastCityLiving does not screen or censor the Profiles or User Content on the EastCityLiving Sites. EastCityLiving is not involved in the actual communications between EastCityLiving Community Users. As a result, EastCityLiving has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the EastCityLiving Sites and makes no representations about any Profile or User Content on the EastCityLiving Sites.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the EastCityLiving Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the EastCityLiving Sites.

Because User authentication on the Internet is difficult, EastCityLiving cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any EastCityLiving Site, in the event that You have a dispute with one or more Users, You release EastCityLiving (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

The EastCityLiving Sites and the EastCityLiving Content may contain inaccuracies or typographical errors. EastCityLiving makes no representations about the accuracy, reliability, completeness, or timeliness of any EastCityLiving Site or the EastCityLiving Content. The use of all EastCityLiving Sites and the EastCityLiving Content is at your own risk. Changes are periodically made to EastCityLiving Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the EastCityLiving Sites. Employers are solely responsible for their postings on EastCityLiving Sites. EastCityLiving is not to be considered to be an employer with respect to your use of any EastCityLiving Site and EastCityLiving shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any EastCityLiving Site.

EastCityLiving cannot guarantee and does not promise any specific results from use of the EastCityLiving Sites. No advice or information, whether oral or written, obtained by a User from EastCityLiving through or from any EastCityLiving Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty
EASTCITYLIVING DOES NOT WARRANT THAT ANY EASTCITYLIVING SITE WILL OPERATE ERROR-FREE OR THAT ANY EASTCITYLIVING SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY EASTCITYLIVING SITE OR THE EASTCITYLIVING CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EASTCITYLIVING IS NOT RESPONSIBLE FOR THOSE COSTS. THE EASTCITYLIVING SITES AND EASTCITYLIVING CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EASTCITYLIVING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. EASTCITYLIVING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE EASTCITYLIVING CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages
IN NO EVENT SHALL EASTCITYLIVING, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY EASTCITYLIVING SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY EASTCITYLIVING SITE AND THE EASTCITYLIVING CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EASTCITYLIVING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

EASTCITYLIVING'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY EASTCITYLIVING SITE OR YOUR USE OF THE EASTCITYLIVING CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Links to Other Sites
The EastCityLiving Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by EastCityLiving of the contents on such third-party Web sites. EastCityLiving is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any EastCityLiving Site.

Indemnity
You agree to defend, indemnify, and hold harmless EastCityLiving, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any EastCityLiving Site, (ii) your use of any EastCityLiving Content, or (iii) your breach of the terms of these Terms. EastCityLiving shall provide notice to You promptly of any such claim, suit, or proceeding.

General
EastCityLiving makes no claims that the EastCityLiving Content may be lawfully viewed or accessed outside of the United States. Access to the EastCityLiving Content may not be legal by certain persons or in certain countries. If You access EastCityLiving.com or any other U.S. based EastCityLiving Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction

Term and Termination
These Terms will remain in full force and effect while You are a User of the EastCityLiving Sites at any level. EastCityLiving reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the EastCityLiving Sites and the other EastCityLiving Sites and immediate termination of your registration with or ability to access the EastCityLiving Sites and the other EastCityLiving Sites and/or any other services provided to You by EastCityLiving, upon any breach by You of these Terms or if EastCityLiving is unable to verify or authenticate any information You submit to EastCityLiving.com or pursuant to other EastCityLiving Site registration. Even after You are no longer a User of the EastCityLiving Sites, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8 through 17, inclusive.

These Terms constitute a binding agreement between You and EastCityLiving, and is accepted by You upon your use of a EastCityLiving Site.