These Terms & Conditions set out the terms of the agreement (the "Agreement") between MUSE CAREERS Pty Ltd (ACN 098 042 749), whose registered office is at Hawkesbury Consulting Unit 5, 31 Brabyn Street, Windsor, 2756, NSW, Australia, and you under which you may view, contribute to, use, link to, reproduce or otherwise refer to the data, information, content, features and services contained in this website from time to time (the "MUSE CAREERS Services").
Please read these Terms & Conditions carefully. By viewing, contributing to, using, linking to, reproducing or otherwise referring to any one or more of the MUSE CAREERS Services, you are expressly, irrevocably and unconditionally agreeing to be bound to the terms of this Agreement. These Terms & Conditions may be updated and revised by MUSE CAREERS from time to time, so please visit this page periodically to review them.
Terminology
The words "we", "our" and "us" refer to MUSE CAREERS and "you", "your" and "user" refers to all individuals accessing our website at www.musecareers.com (the "Site"). Any defined terms that are defined in the Privacy Policy (http://www.musecareers.com/StaticPages/view/privacy_policy) will have the same meanings in these Terms & Conditions.
Eligibility and Accounts
By registering for an account, you represent and warrant that you are eligible for an account as set out in this agreement and that the information you include as part of the registration process is accurate and not deliberately untrue.
In consideration of your use of this service, you agree to provide true, accurate, current and complete information about yourself on our registration form; maintain and update your data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MUSE CAREERS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.
Accounts may be obtained and used only by independent professionals within the entertainment, media and design industries (the "Creative Industries") who are seeking legal employment or career resources ("Creatives"); and/or individuals with the right and authority to act on behalf of an organisation for the purposes of locating independent professionals for available positions ("Clients"). On obtaining an account, you will have access to the services and the functionality that we may establish and maintain at our sole discretion. You agree to use your account for your personal use only and not to redistribute any of the content on this Site.
Registration / Password
You will receive a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and the uses of your registration, whether or not it is authorised by you. You agree to ensure that you exit from your account at the end of each session and to immediately notify MUSE CAREERS of any unauthorised use of your user name or password.
Your Content
You agree that you are solely responsible for any posts, content, information, links to other websites (“external links”) and any other material that you submit, publish, display, insert, transmit, upload, distribute or disseminate or offer to do the same (“publish”) on this Site (“Your Content").
You also agree that we are only acting as a passive conduit for the online distribution and publication of Your Content. Although we are not obligated, however, we reserve the right to take any action with respect to Your Content if we believe that it may create a liability for us.
Your Content will be, honest, decent, true and accurate to the best of your knowledge and belief.
You irrevocably and unconditionally warrant and represent that you are the sole unencumbered author, owner or holder of an appropriate, valid and sufficient licence of all right, title and interest (including the intellectual property rights) in Your Content or you otherwise have all the necessary and appropriate permissions and authorisations in relation to Your Content.
Your Content should not (and you irrevocably and unconditionally warrant and represent that it does not):
(a)infringe, misappropriate or violate the intellectual property, confidentiality, privacy, proprietary or other rights of any party or, in any way, contravene any fiduciary duties that you may owe;
(b)constitute, promote or encourage illegal activity;
(c)be defamatory, libellous, invasive of another's privacy, untrue, tortious, misleading, offensive, racist, ethnically or religiously biased or offensive, discriminatory, malicious, infringing, obscene, indecent, pornographic, sexually explicit, threatening, harassing, abusive or, in any way, unlawful;
(d)harm or threaten to harm minors in any way;
(e)disclose “personal data” about any third party unless expressly authorised to do so by the third party concerned;
(f)contain viruses, corrupted files or any other similar software or programs or programming routines or engines that may disrupt or damage the operation of another's computer or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(g)advertise or offer to sell any goods or services for any commercial purpose, other than in areas of this Site intended for such uses; orimpersonate another person or entity or otherwise misrepresent your affiliation with a person or entity.
Any websites accessed via any external links published by you should not (and you irrevocably and unconditionally warrant and represent that they do not):
(a)infringe, misappropriate or violate the intellectual property, confidentiality, privacy, proprietary or other rights of any party;
(b)constitute, promote or encourage illegal activity;
(c)advertise or offer to sell any goods or services for any commercial purpose, other than in areas of this Site intended for such uses;
(d)be defamatory, libellous, invasive of another's privacy, untrue, tortious, misleading, offensive, racist, ethnically or religiously biased or offensive, discriminatory, malicious, infringing, obscene, indecent, pornographic, threatening, abusive or, in any way, unlawful;
(e)harm or threaten to harm minors in any way;
(f)disclose “personal data” about any third party unless expressly authorised to do so by the third party concerned; and
(g)contain viruses, corrupted files, or any other similar software or programs that may disrupt or damage the operation of another's computer.
You hereby grant (and you warrant that you have the right to grant) MUSE CAREERS and all lawful users of this Site a non-exclusive, irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide licence to use, copy, modify, delete, adapt, publish, translate, reproduce, sell, publicly perform, digitally perform, publicly display and distribute Your Content or any part or parts of it either online or offline and to create derivative works of Your Content or any part or parts of it either online or offline or incorporate it into other works/content either online or offline.
You hereby waive (and you warrant that you have the right to waive) all moral rights that may exist in Your Content in favour of MUSE CAREERS.
Ownership and Permitted Uses
The functionality, design and layout of this Site, including (without limitation) the MUSE CAREERS Services, have been designed by and are the exclusive property of MUSE CAREERS. They are therefore protected by copyright, design rights, trademarks and other laws.
Subject to the terms set out in this Agreement, MUSE CAREERS hereby authorises you to view, contribute to, use, link to, reproduce or otherwise refer to the MUSE CAREERS Services and/or this Site (“Your Authorisation).
Prohibited Uses
You agree that you shall not either directly or indirectly, without MUSE CAREERS' express prior written consent:
(a)sell or re-sell any of the MUSE CAREERS Services or offer them for sale without MUSE CAREERS' express consent;
(b)allow or cause others to access or contribute to this Site or otherwise use the MUSE CAREERS Services and/or this Site using your email, login or password;
(c)submit on this Site any untrue or inaccurate information about yourself;
(d)copy, modify, adapt, translate or reverse engineer any part of this Site and the MUSE CAREERS Services;
(e)access, retrieve, index or use any portion of this Site and the MUSE CAREERS Services for the purposes of constructing, populating or cross-checking any databases, directories, customer lists, mailing lists other than for your personal, non‑commercial purposes;
(f)access, retrieve or use any portion of this Site and the MUSE CAREERS Services by automated means other than in order to index this Site's contents for use by a search engine;
(g)take any steps to interfere with, interrupt, damage, hinder, modify or gain unauthorised access to this Site and/or the MUSE CAREERS Services and/or otherwise interfere with, restrict or inhibit any other user from using or enjoying the use of this Site; or
(h)use this Site and/or the MUSE CAREERS Services for any purpose that intentionally or unintentionally contravenes any applicable laws in this jurisdiction or those of any other jurisdiction from which this Site and/or the MUSE CAREERS Services are or may be accessible.
Security Rules
Users are prohibited from violating or attempting to violate the security of MUSE CAREERS, including but not limited to:
(a)access data not intended for them or logging into a server or account which the user is not authorised to access;
(b)interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing or crashing;
(c)send unsolicited e-mail, including promotions and/or advertising of products or services;
(d)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 this Site other than the search engine and search agents available from MUSE CAREERS and generally available third party web browsers; and
(e)aggregate, copy, duplicate, or frame to in any manner any of the materials or information available from MUSE CAREERS.
Charging for Services
We may add, delete or change some or all of the MUSE CAREERS Services provided for free as part of the account at any time. You will be notified of any charges and given the option to continue to use or to terminate your account. You will be responsible for all charges for using these additional services if you choose to continue use.
Liability for Third-Party Content
This Site provides access to third-party content.You understand and agree that we are only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy or obscenity.
The MUSE CAREERS Services is only a venue for Clients to post Positions and Creatives to post Profiles.MUSE CAREERS is not to be considered an employer with respect to the use of our Site and shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on this Site.
We do not make any warranty, express or implied, regarding any job posting, any individual or organisation providing a posting or for any profiles or resumes.You agree that any agreement between you and any individual or organisation be based solely on the terms negotiated by them and you and shall be done at your own risk.
MUSE CAREERS does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by them.You acknowledge that any reliance on material posted by other users will be at your own risk.MUSE CAREERS has no obligation to screen communications or information in advance and is not responsible for monitoring material posted by users.As such, MUSE CAREERS is independent from, accepts no responsibility for, does not monitor and in no way endorses or supports any comments and other posts, content, external links, information and any other material that is published on this Site by its users.We expect that you will use caution and common sense when using this Site and your account.
If notified by a user of communications which allegedly do not conform to our Terms & Conditions of Use, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication.
Material may contain inaccuracies or typographical errors.We make no representations about the accuracy, reliability, completeness, or timeliness of the Site or the material on it.The use of MUSE CAREERS Services and the material is at your own risk.
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 pretences.Because user authentication on the Internet is difficult, MUSE CAREERS cannot and does not confirm that each user is who they claim to be.By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled.You assume all risks associated with dealing with other users with whom you come in contact through this Site; we expect that you will use caution and common sense when using it.
Disclaimers
MUSE CAREERS is providing this Site and the MUSE CAREERS Services on an “as is” basis. We make no guarantees, representations or warranties as to the quality, accuracy, suitability, completeness, reliability, safety, legality, continuity or availability of the MUSE CAREERS Services and other information or content contained on this Site or other websites accessed via external links and you shall not rely in any way on the quality, accuracy, suitability, completeness, reliability, safety, legality, continuity or availability of any such services, information or content.
MUSE CAREERS does not guarantee continuous or uninterrupted access to your account and makes no warranty as to the operation, functionality or availability of the Site, or that the Site or materials or content provided will be error-free or that defects will be corrected.
MUSE CAREERS has no responsibility or obligation to include Your Content in the MUSE CAREERS Services or otherwise use it or display it on this Site and you shall have no rights or expectations in relation to the same.
You agree that you shall view, contribute to, use, link to, reproduce, download or otherwise refer to the MUSE CAREERS Services, this Site and/or any websites accessed via external links entirely at your own risk and you shall (among other things) be solely responsible for any damage or loss to you or your property that may result.
Your Authorisation shall be void/automatically revoked from the outset where any law in any applicable jurisdiction prohibits you viewing, contributing to, using, linking to, reproducing or otherwise referring to the MUSE CAREERS Services and/or this Site.
Limitation of MUSE CAREERS' Liability
To the fullest extent permitted by any applicable laws, MUSE CAREERS hereby excludes liability for any claim, loss, demand or damage of any kind whatsoever in connection with or related to this Site, the MUSE CAREERS Services and/or websites accessed via external links (whether arising in contract, tort, negligence, under statute or otherwise) including (without limitation) any direct, indirect, incidental or consequential loss or damages, whether arising from loss of profits, loss of goodwill, loss of revenue, loss of data, loss of use, or other intangible losses or otherwise and whether or not the possibility of such loss has been notified to or is apparent to MUSE CAREERS.
MUSE CAREERS' Rights
You agree that MUSE CAREERS may, whenever and for whatever period it chooses to, without any prior notice or warning, in its absolute discretion, for any reason whatsoever and without incurring any liability whatever or however arising to you or any other third party:
(a)edit, amalgamate, delete or take any other action in relation to any posts, content, information and any other material on this Site, including (without limitation) Your Content, in particular (but without limitation) if any person, business, other organisation or regulatory or government body requests that we do so;
(b)revoke part or all of Your Authorisation and otherwise bar or limit access by you (or any other user) to some or all of the MUSE CAREERS Services or this Site;
(c)to add to, discontinue, reduce or modify any of the MUSE CAREERS Services or other aspect of this Site or cease operating this Site or any or all of the MUSE CAREERS Services;
(d)change any or all of the terms set out in this Agreement or add new terms to such Agreement, which changes/new terms, on being posted on this Site, you agree shall come into immediate force and effect and modify/add to any previous versions of this Agreement between MUSE CAREERS and you.
For the avoidance of doubt, if you do anything in contravention of this Agreement, MUSE CAREERS has the right immediately to remove any part or all of Your Content from this Site.
Indemnity
You agree to indemnify and hold MUSE CAREERS, its parents, subsidiaries, affiliates, officers and employees harmless against any liabilities, damages, losses, expenses, legal costs (including reasonable fees arising out of or related to your breach of this Agreement), professional and other expenses of any nature whatsoever due to or arising out of:
(a)you viewing, contributing to, using, linking to, reproducing or otherwise referring to this Site and the MUSE CAREERS Services;
(b)any breach by you of the terms of this Agreement;
(c)any part or all of Your Content being published on this Site;
(d)the infringement by you, or any third party using your account (whether authorised or not), of any intellectual property or other rights of any person or entity.
Privacy and Use of Your Information
You agree that MUSE CAREERS may collect, store and use information about you in accordance with our Privacy Policy, the current version of which is available on this Site. You acknowledge and agree to be bound by the terms of our Privacy Policy.
Copyright
You should assume that all content, such as text, graphics, images, logos, buttons, icons, trademarks and other material and their compilation (meaning the collection, arrangement and assembly) are the exclusive intellectual property of MUSE CAREERS and are protected under both Australian and foreign copyright, trademark and other laws.The code that MUSE CAREERS created to generate its pages is also protected by our copyright and shall not be copied or adapted.All reproduction in whole or in part of the texts or illustrations, by any means whatsoever and without prior consent, is prohibited.
You may print a single copy of site content for your personal use, but must retain all copyright, trademark, service-mark and other proprietary notices contained in the original material on any copy you make.You may not sell or modify it, or reproduce, display, publicly perform, distribute, or otherwise use it in any way for any public or commercial purpose.
Unauthorised use of any of the above may violate copyright, trademark, and other laws.
Notification of Copyright Infringement
MUSE CAREERS will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others.If you believe that your work has been used or copied in away that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to this Site, please provide us with infringement information via email.
Termination
You agree that MUSE CAREERS may terminate your password, account, Profile, Position or use of our services immediately, without prior notice, and remove and discard any content within our services, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions of Use; if you infringe third party intellectual property rights; for lack of use; or if we are unable to authenticate any information that you have provided to us.Further, you agree that MUSE CAREERS shall not be liable to you or any third-party for any termination of your access to our services.
Alternatively, we may choose to remove some or all of Your Content or make it private.MUSE CAREERS may also immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our service.Following the termination, we may remove some or all of Your Content from our servers or elect to retain it, at our sole option.
Any payment obligations incurred prior to the termination of this agreement, shall survive such termination.In no event shall any refunds be paid.
General
Entire Agreement
This Agreement and our Privacy Policy contains the entire agreement and understanding between you and MUSE CAREERS and supersedes any prior oral or written agreements, understandings or arrangements relating to the subject matter of this Agreement and our Privacy Policy. Neither party shall be entitled to rely on any agreement, understanding or arrangement not expressly set out in this Agreement save for any representation made fraudulently.
Notices
Any notices to be sent to MUSE CAREERS under the terms of this Agreement or otherwise (including, without limitation, any requests for any posts, content, information, external links or any other materials on this website to be amended, partially or wholly restricted or removed (“Moderation Notices”) should be sent either:
By Post: To MUSE CAREERS' current registered office, marked for the Attention of “The Legal Department, Muse Careers”; or
By Email: To mail@musecareers.com
MUSE CAREERS shall be entitled not to take any action in respect of any notices until all necessary information has been provided to it (in its absolute discretion).
Severability
If any provision of this Agreement is held to be invalid or void or declared illegal, invalid or unenforceable for any reason whatsoever and that provision shall be divisible from this Agreement without materially altering the substance of this Agreement, it shall be deemed to be deleted from this Agreement and the validity of the remaining provisions shall not be affected or impaired in any way.
Waiver
No failure or delay on the part of MUSE CAREERS in exercising any right, power or privilege under this Agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
Jurisdiction & Governing Law
This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
The parties hereby irrevocably submit to the exclusive jurisdiction of the courts exercising jurisdiction of New South Wales for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this Agreement and for the purpose of enforcement of any judgment against their respective assets