Terms of Use

Big Moe Media LLC (“Big Moe”) operates this Site to provide online access to employment opportunities for jobseekers and employers (the “Service”). By accessing and using this Site, you hereby agree to the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions may also be posted in certain areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with any applicable additional terms and conditions, are referred to as this “Agreement.”

Big Moe reserves the right to modify any part of this Agreement at any time without providing you prior notice. Your use of this Site after any such modification implies your agreement to follow and be bound by the Agreement as it has been modified.

1. Use of this Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively known as the “Content”) solely for your purpose and/or to access the products and services offered within. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Big Moe reserves full intellectual property rights to all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright

The Site and its Content are protected by U.S. and/or foreign copyright laws, and is the direct property of Big Moe. The copyrights in the Content are owned by Big Moe or other copyright owners who have authorized their use on the Site. You may not download, alter, procure and/or reprint any Content without the express permission of Big Moe.

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without the written permission of the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites are provided as a convenience to you the user. Use of these links will take you away from the Site. Any posted links do not constitute or imply an endorsement, sponsorship, or recommendation by Big Moe. Big Moe is not responsible for the availability or content of any such web sites. Big Moe is not responsible nor shall be held liable for any such web site or the content of the site.

5. Downloading Files

Big Moe does not guarantee or warrant that files available for downloading on the Site will be free of infection by software viruses or other harmful computer code, files or programs. The user is responsible for virus prevention on all data downloaded from the Site.

6. Software

Software available for download via the Site is the copyrighted work of Big Moe and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

7. Disclaimer of Warranties

BIG MOE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BIG MOE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BIG MOE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BIG MOE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

8. Limitation of Liability

IN NO EVENT WILL BIG MOE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BIG MOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Big Moe, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

10. Privacy

Big Moe’s Privacy Policy is available here.

11. User Conduct

You agree to use the Site only for purposes that are legal. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

12. Password Security

If you register to subscribe to the Site, you are responsible for maintaining the confidentiality of your user identification and password information, and for restricting access to your computer and your account. You further agree to be responsible for all activities that occur under your user identification and password.

12. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Big Moe of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Big Moe reserves the right to correct any errors, omissions or inaccuracies and to change or update the Content at any time without prior notice. Big Moe does not guarantee that any errors, omissions or inaccuracies will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Big Moe’s Privacy Policy, your use of the Site, any Big Moe web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.

© Copyright 2010 Big Moe Media, LLC. All rights reserved.