Terms and Conditions

Welcome to Employment.Media ("the Service," "the Platform," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," "User," "Job Applicant," or "Employer") and Employment.Media regarding your access to and use of the Employment.Media website and services.

By accessing, browsing, or using the Employment.Media platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years of age to use this Service. By using Employment.Media, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

Employment.Media provides an online video interview platform that enables:

• Job Applicants to create video responses to common hiring interview questions or custom questions of their choosing
• Job Applicants to select from a pre-determined library of common interview questions or create their own questions
• Job Applicants to generate shareable links to their video responses for inclusion in resumes and job applications
• Employers to view and evaluate Job Applicant video responses
• Employers to create custom sets of interview questions for open positions within their organizations
• Employers to require Job Applicants to answer specific questions via video recording for particular job openings

The Service is designed to enhance the hiring process by allowing Employers to see and hear candidates beyond traditional resume screening, and enabling Job Applicants to showcase their communication skills and personality.

3.1 Account Creation

To access certain features of the Service, you must create an account. You may register as either a Job Applicant or an Employer. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Accept all responsibility for activities that occur under your account
• Immediately notify Employment.Media of any unauthorized use of your account

3.2 Account Security

You are solely responsible for safeguarding your account credentials. Employment.Media will not be liable for any loss or damage arising from your failure to maintain account security. You may not share, transfer, or sell your account to any third party without our express written consent.

3.3 Account Types

Job Applicant Accounts: Allow users to create video responses, manage question libraries, and generate shareable links.

Employer Accounts: Allow users to view Job Applicant videos, create custom question sets, post job-specific video interview requirements, and evaluate candidates.

4.1 Permitted Uses

You may use Employment.Media only for lawful purposes and in accordance with these Terms. Specifically, the Service is intended solely for legitimate employment and hiring activities.

4.2 Prohibited Activities

You agree NOT to:

• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Upload videos containing discriminatory content based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Upload content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service, other user accounts, or any systems or networks
• Use any automated means, including robots, crawlers, or scrapers, to access or collect data from the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service for any purpose other than legitimate employment and hiring activities
• Violate any applicable local, state, national, or international law or regulation

5.1 Platform Ownership

Employment.Media and its original content, features, functionality, logos, trademarks, service marks, and trade names are owned by Employment.Media and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License to Use Platform

Subject to your compliance with these Terms, Employment.Media grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Service except as expressly permitted in these Terms.

5.3 Pre-Determined Question Library

The pre-determined library of common interview questions provided by Employment.Media remains the sole property of Employment.Media. Users may utilize these questions for creating video responses but may not republish, sell, or redistribute the question library.

6.1 Video Content Ownership

You retain all ownership rights to the video responses you create and upload to Employment.Media. However, by uploading video content to the Service, you grant Employment.Media a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your video content in connection with the Service and Employment.Media's business operations.

6.2 Content Representations and Warranties

By uploading video content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to upload and share the content
• Your content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Your content complies with these Terms and all applicable laws
• Your content is truthful and accurate to the best of your knowledge
• Your content does not contain false, misleading, or fraudulent information

6.3 Content Moderation

Employment.Media reserves the right, but has no obligation, to monitor, review, edit, or remove any user-generated content at our sole discretion, for any reason, and at any time without notice. We reserve the right to remove content that violates these Terms or that we deem inappropriate, offensive, or harmful.

6.4 Employer-Created Questions

Employers retain ownership of custom interview questions they create according to existing copyright rules and regulations. Common language and use are not bound by copyrights. By posting questions on the Platform, Employers grant Employment.Media a license to display, distribute, and enable Job Applicants to respond to those questions through the Service.

6.5 Sharing and Privacy Controls

Job Applicants understand and acknowledge that video responses may be shared via links and accessed by Employers and other third parties to whom the Job Applicant provides access. Job Applicants are responsible for managing who has access to their video content through the sharing features provided by the Platform.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Employment.Media makes no warranty that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The use of the Service will result in employment or hiring success

Employment.Media does not guarantee that Job Applicants will be hired or that Employers will find suitable candidates. The Service is a tool to facilitate the hiring process, and actual hiring decisions are solely the responsibility of Employers.

You acknowledge that Employment.Media does not pre-screen or verify the accuracy of user-generated content, including video responses and employer job postings. You use the Service at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMPLOYMENT.MEDIA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Hiring decisions made by Employers
• Failure to secure employment as a Job Applicant

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EMPLOYMENT.MEDIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL EMPLOYMENT.MEDIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO EMPLOYMENT.MEDIA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, protect, and disclose information about you. By using the Service, you consent to our collection and use of personal information as outlined in our Privacy Policy.

Video content uploaded to Employment.Media may contain personal information, including your likeness, voice, and any information you choose to disclose during your video responses. You are responsible for the personal information you include in your videos.

Employers who access Job Applicant video content agree to comply with all applicable employment laws and regulations, including those related to equal employment opportunity, non-discrimination, and data privacy.

10.1 Employer Responsibilities

Employers using Employment.Media acknowledge and agree that they are solely responsible for compliance with all applicable employment laws and regulations, including but not limited to:

• Equal employment opportunity laws
• Anti-discrimination laws and regulations
• Fair hiring practices
• Background check requirements and restrictions
• Data protection and privacy laws
• Record retention requirements

Employment.Media is a technology platform and does not provide legal, HR, or employment advice. Employers are responsible for ensuring their hiring practices comply with all applicable laws.

10.2 Non-Discrimination

Employers must not use the Service to discriminate against Job Applicants based on race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by law. Questions created by Employers must not be designed to elicit information that could be used for discriminatory purposes.

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion features available in your account settings. Upon termination, your right to access and use the Service will immediately cease.

11.2 Termination by Employment.Media

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Technical or security issues
• Discontinuation or material modification of the Service

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Employment.Media may, but is not obligated to, delete your account and any content associated with your account. Video content that has been shared via links may continue to be accessible to recipients of those links unless you request deletion prior to termination.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You agree to defend, indemnify, and hold harmless Employment.Media, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any content you upload to the Service
• Your hiring decisions or employment practices (for Employers)
• Any violation of applicable laws or regulations

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Tacoma, Washington, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

13.3 Class Action Waiver

YOU AND EMPLOYMENT.MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Employment.Media agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Venue

In the event that arbitration is not applicable or enforceable, you agree that any legal action or proceeding shall be brought exclusively in the federal or state courts located in Pierce County, Washington, and you consent to the personal jurisdiction of such courts.

Employment.Media reserves the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and post the revised Terms on the Service.

We will notify you of material changes to these Terms by posting a notice on the Service or by sending an email to the address associated with your account. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account as described in Section 11.

Employment.Media reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Employment.Media. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Employment.Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Employment.Media respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent with the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and information sufficient to locate the material
• Your contact information, including name, address, telephone number, and email address
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Copyright notices should be sent to: Employment.Media, 3965 Bethel Rd SE, Ste 1-113, Port Orchard, WA 98366.

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Employment.Media regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Employment.Media's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. Employment.Media may assign these Terms at any time without notice or consent. Any attempted transfer or assignment in violation of this section shall be null and void.

18.5 Force Majeure

Employment.Media shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.6 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Employment.Media. You have no authority to bind Employment.Media in any manner whatsoever.

18.7 Notices

All notices to Employment.Media shall be sent to the contact information provided below. We may provide notices to you via email to the address associated with your account or by posting on the Service. You consent to receive communications from us electronically.

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

Employment.Media
3965 Bethel Rd. SE, Ste. 1-113
Port Orchard, WA 98366

Email: information@employment.media
Phone: 855-435-3000

BY USING EMPLOYMENT.MEDIA, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.