This Lensa.com Jobseeker Agreement (the “Agreement”) is made by and between Lensa Inc (“Lensa.com“, “We“), a Delaware corporation, and solely the individual executing this Agreement (“Jobseeker” or “You”). Jobseekers must read this Agreement carefully.
By clicking to accept, agreeing during the enrollment process, or otherwise using any parts of the products, services, data, or otherwise exercising any other rights under this Agreement, You agree to become a party to, and be bound by, the terms of this Agreement.
“Documentation” means online instructions and tutorials, reference material, or other product collateral if any, provided by Lensa.com for use with its Services.
“Employer” means a company or an individual who uses Lensa.com to post or advertise a job and to access candidate data.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Resume” means a document and/or information in any format which the Jobseeker uses to represent his/her employment history, skills, interests, educational background, and other common items to a prospective Employer or other individual or entity who wishes to review an individual’s career background and that Jobseeker has the right to submit to Lensa.com using the Services under the terms of this Agreement.
“Services” means the version of Lensa.com’s services for which the Jobseeker is granted a license to access and use pursuant to this Agreement and the Documentation.
“Talentpool” means the total and composite database of Resumes and User Data that Lensa.com has the right to use for its business purposes, including but not limited to, sharing, pooling, pricing, selling, sorting, bundling, organizing, and publishing.
“User” means any company or individual using Lensa.com, including You, any other jobseeker or any Employer.
“User Content” shall mean any material a User submits, posts, displays, or otherwise makes available on the Services, including but not limited to job and company information, application information, logos, trademarks, comments, questions, screening questions and testing materials and other content or information.
“UserData” means any information a User submits or creates through use of the Services.
Lensa.com grants to Jobseeker a limited, nonexclusive, and non-transferable license to access and use the Services and Documentation for Jobseeker’s private purposes, subject to the use limitations specified or referenced in this Agreement.
SERVICE RULES AND LIMITATIONS
- You may not relicense, rent, lease, or otherwise provide access to the Services, except as expressly permitted under this Agreement. You agree not to cause or permit the reverse engineering, disassembly, or decompilation of the Services.
- You shall not use the Services in any way to design or develop competing services and/or software products or to create derivative works of the Services. You agree to use the Services only in the manner intended and described by Lensa.com. Lensa.com and its licensors shall retain all title, patent, copyright, trademark, trade secret, and other intellectual property and proprietary rights in the Services, any modifications made to the Services, and in any derivative works. You shall not acquire any rights, express or implied, in the Services or modifications thereto, other than those specified in this Agreement.
- You agree not to engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more server request messages to the Lensa.com than a single person could produce in the same period of time by using a conventional on-line web browser;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Services;
- collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by the features of the Services;
- using the Services for any commercial solicitation purposes;
- impersonating another person, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Services;
- accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or
- bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
- In addition, You may not mine, harvest, spider, display, extract, or otherwise use any User Data on Lensa.com with the exception of the User Data and User Content submitted by You.
- Lensa.com grants public search engines revocable permission to copy certain User Data and User Content from Lensa.com for the sole purpose of creating publicly available searchable indices of such data, but does no cache or otherwise archives such data.
- Lensa.com has the right, in its sole discretion, to
- refuse or remove any User Data that, in our opinion, is inconsistent with the terms of this Agreement, violates any Lensa.com policy, and is in any way harmful or objectionable, and
- terminate or deny access to and use of the Services to any entity or individual
in which cases Lensa.com will have no obligation to provide any refund or other compensation.
- We may, without prior notice, change the Services; stop providing the Services or features of the Services, to You or to Users generally; or create usage limits for the Services (in each case, for paid and/or unpaid services, subject to our Fee Schedule). We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
- You are solely responsible for your interactions with other Lensa.com Users, including Employers. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Lensa.com shall have no liability for your interactions with other Users, or for any User’s action or inaction. Lensa.com shall have no obligation to you to enforce this Agreement against any other User, including, but without limitations Employers.
USER DATA AND CONTENT
- The Services may allow Users to post User Data and User Content such as Resume, application information, comments, questions, and other data, content or information.
- By submitting User Data and User Content, You grant Lensa.com the nonexclusive and perpetual right to use your User Data and User Content for Lensa.com’s business purposes, including but not limited to, storing your Resume and User Data and User Content, manipulating such data and content, including parsing and deduplication of the resumes, creating Jobseeker profiles and otherwise reformatting information.
- You agree to provide true and accurate User Data.
- You agree not to post User Data and Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other User or any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that you know is not correct and current.
- You agree and assume exclusive liability that any User Data or User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. Lensa.com reserves the right, but is not obliged, to reject and/or remove any User Data or User Content that Lensa.com believes, in its sole discretion, violates these provisions.
- You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Data and User Content that you submit, that Lensa.com’s use of your User Data and User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Data and Content and other information that you provide to us is truthful and accurate.
- Lensa.com takes no responsibility and assumes no liability for any User Data and User Content that you or any other User or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and You agree that we are only acting as a passive conduit for your online distribution and publication of your User Data and User Content. You understand and agree that You may be exposed to User Data or User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Lensa.com shall not be liable for any damages you allege to incur as a result of any User Data or User Content.
- USER CONTENT LICENSE GRANT
- By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Lensa.com a sublicensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Lensa.com’s business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
Jobseeker agrees not to provide any information that is subject to any confidentiality, noncompete, or trade secret limitations or other restrictions; infringes the Intellectual Property Rights of any third party; immoral, obscene, vulgar, offensive, violent, threatening, abusive, harassing, discriminatory or racially, ethnically or otherwise objectionable; libelous or defamatory, or invades the privacy or publicity rights of others; violates any applicable local, state, national or international law, rule, or regulation; may constitute advertising, promotional material, “spam,” or any other form of solicitation; contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or impair the functionality of the Services and any computer software or hardware or telecommunications equipment.
- Your Resume and User Data submitted via Lensa.com for a job offering posted by a specific Employer is considered to be under active consideration by such Employer in accordance with the terms under this section 8.
- Lensa.com may not disclose or make available your Resume and User Data under active consideration to any other Employer. Further, Lensa.com may not pool, sell, provide, and otherwise distribute your Resume and User Data under active consideration.
- Your Resume and User Data is considered to be no longer under active consideration in the following cases:
- The vacancy has not been filled in 90 calendar days after the job offer was posted on Lensa.com. In this case, none of the Resumes submitted for that particular vacancy are considered to be under active consideration.
- Any Resume that has been rejected, declined or withdrawn from consideration for a job during the process is considered to be no longer under active consideration.
- Any Resume that has not been reviewed or moved to a new stage in the recruitment process for at least 10 calendar days, is considered to be no longer under active consideration.
- Once the vacancy has been filled, all other resumes submitted for the job are no longer under active consideration, except for the new hire.
- If You terminate this Agreement, and/or no longer accept the terms and conditions set out in this Agreement, your Resume and User Data is considered not to be under active consideration.
- When You submit your Resume and User Data for a specific job offering posted by an Employer, your Resume and User Data is considered to be under active consideration by such Employer in accordance with section 8. Accordingly, your Resume and related User Data are by default not entered into the Talentpool as long as they are under active consideration.
- Your Resume and User Data is automatically entered into the Talentpool database, when your Resume and User Data is considered to be no longer under active consideration in accordance with section 8. Lensa.com uses the Talentpool to match Jobseekers to appropriate job openings that best suit the skills and preferences of the Jobseeker in the Talentpool.
- You may also opt in to be included in the Talentpool when playing one of the skill assessment games provided by Lensa.com. To be included in the Talentpool, You are asked to upload your Resume to receive job recommendations and Employer enquiries via Lensa.com. This is expressly stated in the skills assessment process.
- In both cases, You can specify Employers that should not be able to view your Resume and User Data. You can also freely change your Resume and any User Data you provided.
TERM AND TERMINATION
- The terms and conditions of this Agreement shall apply for the entire term of the use of the Services by You.
- You may terminate this Agreement at any time with immediate effect.
- Lensa.com may terminate this Agreement at any time with immediate effect. Upon termination, You shall cease using the Services, and shall return or destroy all copies of the Documentation.
- You shall defend lensa.com, its officers, agents, and employees from any claims and demands whatsoever by any third party in connection with your Resume, User Content or any other User Data submitted or posted by You on lensa.com.
- In addition, You shall indemnify and hold Lensa.com, its officers, agents, and employees fully harmless against any liability, loss, costs (including the costs of legal representation) or damages they may directly or indirectly suffer in connection with your Resume, User Content or any other User Data submitted by You.
WARRANTIES AND DISCLAIMERS
- The Services are provided “as is” and “as available” and the representations provided under this Agreement are exclusive and in lieu of all other warranties, whether express or implied, including, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement of third party rights.
- Without limiting the generality of the foregoing, Lensa.com disclaims the quality or usefulness of any reports, or output from the Services; that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, or error free and the correctness, accuracy, or reliability of the Services; and/or that defects will be corrected.
For any breach of the representations by Lensa.com contained in this Agreement, your exclusive remedy, and Lensa.com’s entire liability, shall be the correction of the problems that cause the errors, or if Lensa.com is unable to make the Services operate as represented, You shall be entitled to terminate this Agreement.
LIMITATION OF LIABILITY
- Except as stated above, in no event shall either party be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, salary, User Data or any other data or use, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages.
- Notwithstanding the foregoing, Lensa.com’s liability for damages hereunder shall in no event exceed USD 100 (one hundred US dollars).
- The provisions of this Agreement allocate the risks between Lensa.com and You. Lensa.com’s provision of the Services reflects this allocation of risk and the limitation of liability specified herein.
- EQUITABLE RELIEF
Each party acknowledges that any breach of its obligations with respect to proprietary rights of the other party will cause the other party irreparable injury for which there are inadequate remedies at law and that Lensa.com shall be entitled to equitable relief in addition to all other remedies available to it.
- By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information“). Confidential Information shall be limited to the Services, Documentation, Resume, User Data, User Content and all information clearly marked as confidential.
- A party’s Confidential Information shall not include information that:
- is or becomes a part of the public domain through no act or omission of the other party;
- was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party;
- is lawfully disclosed to the other party by a third party without restriction on disclosure;
- is independently developed by the other party.
- The parties agree to hold each other’s Confidential Information in confidence during the term of this Agreement and for an infinite period of time after termination of this Agreement.
- The parties agree, unless required by law, not to make each other’s Confidential Information available in any form to any third party (except to each such party’s agents or independent contractors) for any purpose other than exercising its rights under this Agreement.
- Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees, agents, or independent contractors in violation of the terms of this Agreement.
GOVERNING LAW AND JURISDICTION
- This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of the State of California and shall be deemed to be executed in San Francisco, California.
- Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in the County of San Francisco, California. Lensa.com and You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
- You agree that all notices will be sent either to the email or postal address You have on file with Lensa.com. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
- Notices from You to Lensa.com shall be made either by email, sent to info (at) lensa (dot) com, or first class mail to Lensa.com’s address at: 541 Jefferson Avenue, Suite 100, Redwood City, California, 94063, United States.
You may not assign this Agreement for any reason. Any such attempted assignment shall be null and void and a breach of this Agreement.
The parties hereto are and shall remain independent. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
Lensa.com will make reasonable efforts to keep the Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. Lensa.com shall not be responsible or liable for any of the consequences of such interruptions.
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Jobseeker agrees to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that neither the Services nor any direct product thereof are exported or used, directly or indirectly, in violation of Export Laws.
If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees from the other party.