Any references to "Ninja Gig" or "we" in this Agreement shall mean the applicable entity as set forth above.
The Site is made available for use only by individuals searching for employment openings ("Job Applicants"), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties ("Employers"), and by individuals and/or organizations seeking to participate in the Ninja Gig Publisher Program ("Publishers"). If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Ninja Gig through the Site, or otherwise made available to you by Ninja Gig. For all uses of the Site, you are agreeing to be bound by the Ninja Gig General Terms of Service
Last Updated: January 01, 2018.
A. The following terms and conditions apply to all Job Applicants, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
1. The Ninja Gig Services
Ninja Gig may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, ("Job Listings" or "Job Ads"), through Ninja Gig’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Ninja Gig exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. Ninja Gig does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Ninja Gig assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Ninja Gig may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Ninja Gig, and are not a direct reflection of the actual Job Listing.
In addition, by using Ninja Gig, you agree that Ninja Gig is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format or method of delivery and that Ninja Gig does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Ninja Gig does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application you must approach the Employer directly to request such as Ninja Gig is not responsible for the Employer application process.
1(c) Regardless of whether you are an Employer or Job Applicant, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Ninja Gig may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Ninja Gig product or service (including to provide better search results and other listings for Job Applicants and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Ninja Gig may also inform a Job Applicant that an Employer has taken an action with regards to a Job Applicant’s Resume or application such as opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application, and you hereby consent to Ninja Gig taking such actions. Ninja Gig assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Ninja Gig to do so.
1(d) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may use application materials (including resumes and responses to screener questions) and the recency of your activity on Ninja Gig to determine whether the words of any Job Applicant’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Job Applicant, you agree and consent that Ninja Gig may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Ninja Gig may also use such information in order to improve the Site or any other Ninja Gig product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Applicants and Employers).
1(e) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may provide certain categories of information to you for informational purposes only. For example, Ninja Gig may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by Ninja Gig are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the Ninja Gig Ads Program, please note that this is not the information you are purchasing from Ninja Gig and you are not charged per apply. Ninja Gig may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Ninja Gig. These figures are given to Ninja Gig users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
1(f) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may provide certain types of career-related or hiring-related information on its Site. All information contained in any Ninja Gig career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Ninja Gig may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Ninja Gig is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, Ninja Gig may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
1(g) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. Ninja Gig may match a Job Applicant’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Applicant would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event Ninja Gig determines that a Job Applicant matches the Employer’s hiring criteria, Ninja Gig may connect such matching Job Applicant and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Applicant taken directly from the Job Applicant’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Applicant or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Applicant express interest in each other, you agree Ninja Gig may provide the Employer with an email address for the Job Applicant either provided by Ninja Gig or the Job Applicant and, if you are a Job Applicant, you consent to this. Regardless of whether you are an Employer or Job Applicant, by submitting the completed questionnaire, you agree and consent to Ninja Gig (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Applicants to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.
1(h) If you are a Job Applicant, you take a variety of actions on our Site. For example, you search for jobs, and Ninja Gig knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed Ninja Gig, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Ninja Gig, or any of your other behavior on the Ninja Gig site, when you use Ninja Gig. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Ninja Gig account or an Ninja Gig-hosted resume, you agree that Ninja Gig may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Ninja Gig. You also agree that Ninja Gig may contact you based on this observed behavior for Employers or for Ninja Gig itself. Please note, although information may be sent to you by a third party through the Ninja Gig system, the aforementioned behavior does not include information relayed to you. However, Ninja Gig may publicly display the fact that you have recently used the Ninja Gig Site or the fact that you have recently used the Ninja Gig system to correspond with a third party. In addition, if you set your Resume to public, this means that Ninja Gig may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to private.
1(i) If you are a Job Applicant, please note that Ninja Gig may automatically send you recommended jobs via the email address you use to create an Ninja Gig account or apply to a job. Ninja Gig may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Ninja Gig.
1(j) Screening Tools: Ninja Gig may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. Ninja Gig is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Ninja Gig, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Ninja Gig. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a "disparate impact". You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Ninja Gig does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify Ninja Gig for any and all claims arising out of an Employer’s use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a "disparate impact".
1(k) Regardless of whether you are a Job Applicant or an Employer, any emails or email notifications corresponding with any actions you take on the Site through the Ninja Gig Apply process are provided solely as a courtesy. Ninja Gig disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an Employer and you posted a Job Listing directly on Ninja Gig, applications are sent only to your Ninja Gig dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a job applicant has not answered screener questions correctly, although these applications will be sent to your Ninja Gig dashboard.
1(l) Ninja Gig may offer beta test products which have different pricing models for posting your Job Listing, including but not limited to payment for candidates you deem to be qualified. These beta test products may be offered in limited quantities, in limited locations, and for limited job categories in order to gauge interest. If you purchase the beta test product in which you receive a certain number of qualified candidates for a price, please note that any "money back" offer requires that you notify Ninja Gig within thirty days that the candidates you receive do not meet your qualifications. Ninja Gig reserves the right to offer "money back" either via a refund or simply not invoicing you for payment. Ninja Gig further reserves the right to change the terms or parameters of any beta test product at any time.
1(m) When you post a Job Ad directly on Ninja Gig, Ninja Gig may automatically generate for you a Company Page. You authorize Ninja Gig to claim such Company Page for you on your behalf, which will be marked as a "Claimed Profile" and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Ninja Gig may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Ninja Gig as well as those indexed by Ninja Gig. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. Ninja Gig may additionally offer Ninja Gig Company Pages Premium, which includes certain features accessible only on a subscription basis and to be charged as indicated in an insertion order. Ninja Gig reserves the right to change or remove these features at any time, in Ninja Gig’s sole discretion. Additionally, these features may include analytics or other figures, which Ninja Gig does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose.
2. External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the "External Sites"). You acknowledge that Ninja Gig is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
In addition, Ninja Gig may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Ninja Gig.
Specifically, Ninja Gig may provide you with access to a link on Ninja Gig to Applicant Pro’s background check services. If you choose to use this link and these services, you are contracting directly with Applicant Pro and Ninja Gig is not a party to this contract. If you choose to order a Applicant Pro background report, either on yourself if you are a Job Seeker or on a candidate if you are an Employer, please note (and you acknowledge) that Ninja Gig cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by Applicant Pro to you or to any Applicant Pro client. Ninja Gig operates solely as a technical conduit, allowing the transmission of background checks sent by Applicant Pro to you. Further, you agree to fully indemnify and defend Ninja Gig for any claims arising out of your use of Applicant Pro’s services or a background check provided to you by Applicant Pro.
If you are a candidate and an Employer using Ninja Gig requests that you conduct a background check through Applicant Pro or any other background check service, and you grant such permission, please note you are contracting directly with your prospective Employer and Applicant Pro. Ninja Gig is not a party to this contract. If you choose to allow an Employer to allow Applicant Pro (or any other party) to conduct a background report for you, please note (and you acknowledge) that Ninja Gig cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by Applicant Pro to any Employer. Ninja Gig operates solely as a technical conduit, allowing a link for the transmission of background checks sent by Applicant Pro to the Employer but has no part in the assembly of this report. Further, you agree to fully indemnify and defend Ninja Gig for any claims arising out of your agreement to allow a background check to be conducted by Applicant Pro or any background check company.
If you are a Job Seeker and you conduct a background check on yourself through Applicant Pro or any other background check service, please note you are contracting directly with Applicant Pro. Ninja Gig is not a party to this contract. If you choose to allow Applicant Pro (or any other party) to conduct a background check report on you, please note (and you acknowledge) that Ninja Gig cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by Applicant Pro. Ninja Gig operates solely as a technical conduit, allowing you to conduct a background check on yourself through Applicant Pro, but has no part in the assembly of this report. Further, Applicant Pro may provide you a link for the transmission of the background check to an Employer, and Ninja Gig has no access to this link or your transmission of the link. Finally, if you access a self-conducted background check on Applicant Pro through Ninja Gig, you acknowledge and agree that the fact that you have completed such background check will appear on your Ninja Gig profile, including but not limited to the date on which you completed such background check. You agree to fully indemnify and defend Ninja Gig for any claims arising out of your agreement to allow a background check to be conducted by Applicant Pro or any background check company.
3. Use of Site
You are not permitted to use Ninja Gig’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Ninja Gig reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Job Seeker or Employer, or if you wish to purchase Ninja Gig services that utilize the Site, you must have a prior written agreement with Ninja Gig to do so, or have accepted Ninja Gig’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
4. User Content
Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as "User Content"). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Ninja Gig does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of Ninja Gig job search results pages may appear to be content produced by Ninja Gig, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Ninja Gig shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting or requesting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting or requesting such identification information may lead to identity theft and other adverse consequences. Ninja Gig may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Ninja Gig reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although Ninja Gig has no obligation to do so, Ninja Gig may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Ninja Gig’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Ninja Gig deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Ninja Gig immediately so that we may have the opportunity to consider its removal. For clarity, Ninja Gig does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any Ninja Gig policy will always remain within the sole discretion of Ninja Gig.
Ninja Gig reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Ninja Gig may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Ninja Gig that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, Ninja Gig reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Applicants. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Applicants matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Applicants by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Applicants or otherwise violate applicable law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
5. License to User Content and Feedback
Only to the extent permitted by law, if you post content or submit material to Ninja Gig, including but not limited to photographs or material you submit for a job solicitation hosted on Ninja Gig, you grant Ninja Gig a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Ninja Gig website or its publisher partners, maintaining the Ninja Gig website and promoting Ninja Gig without restriction. Furthermore, you grant to Ninja Gig, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or Ninja Gig marketing materials, or actions by Ninja Gig to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Ninja Gig for association with a particular Job Listing, Ninja Gig shall not post such content anywhere other than the Employer(s)’s Job Listing.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Ninja Gig and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Ninja Gig to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Ninja Gig for more details.
At your discretion, you may provide feedback and related materials to Ninja Gig concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Ninja Gig a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Ninja Gig may disclose any or all Feedback to any third party in any manner, and you agree that Ninja Gig may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Ninja Gig under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Ninja Gig does not waive any rights to use similar or related ideas previously known to Ninja Gig, or developed by its employees, or obtained from sources other than you.
6. Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Ninja Gig, unless you have been specifically allowed to do so in a separate, written agreement with Ninja Gig. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Ninja Gig, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Ninja Gig has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Ninja Gig may suffer) of any such breach.
You agree that you shall not transmit to Ninja Gig or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "Trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
Ninja Gig reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Ninja Gig) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Ninja Gig reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you consent to Ninja Gig enforcing these rules or attempting to prevent spam or anomalous activity, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and Ninja Gig shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Ninja Gig reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Ninja Gig further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Ninja Gig or its users, or otherwise conducting fraudulent activity on Ninja Gig by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Ninja Gig. Ninja Gig reserves the right to turn over any information gathered via such investigations to the police or other third party if Ninja Gig has a good faith belief that you are using the Site in violation of these terms.
7. Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an Ninja Gig account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Ninja Gig account may receive access to information regarding your Ninja Gig account. If you are an Employer, your account is for business use and not for personal use. Ninja Gig is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Ninja Gig account, you agree to receive mandatory email updates regarding anomalous activity to your Ninja Gig account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
In some instances, multiple users may be linked to the same account ("a Linked Account"). A Linked Account is created when the primary account owner(s) ("Admin(s)") of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality ("Roles") within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Ninja Gig that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Ninja Gig from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that Ninja Gig assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that Ninja Gig may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Ninja Gig account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Ninja Gig or that Ninja Gig may otherwise obtain from third-party sources. By providing Ninja Gig with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Ninja Gig a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact Ninja Gig Customer Support. You may also revoke your consent by terminating the Agreement through closing your Ninja Gig account. By enabling two step verification, you verify that you are the owner of the phone number you provided.
8. Disclaimer of Warranties
Ninja Gig disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Ninja Gig search results (including Jobs Listings) or otherwise made available on the Site by Ninja Gig or third parties (including User Content), regardless of whether paid for or used for free. Ninja Gig disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Ninja Gig for informational purposes only, including but not limited to, Ninja Gig Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Ninja Gig for the aforementioned information. Ninja Gig disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Ninja Gig further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Ninja Gig be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Ninja Gig be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Ninja Gig’s Site.
Ninja Gig further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Ninja Gig as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Ninja Gig be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. NINJA GIG AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NINJA GIG AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. NINJA GIG AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY NINJA GIG.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NINJA GIG OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF NINJA GIG OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF NINJA GIG AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID NINJA GIG TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall Ninja Gig or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Ninja Gig infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Ninja Gig to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Ninja Gig a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Ninja Gig Copyright Notice, 578 West 2050 North, West Bountiful, Utah, 84310, USA (copyright @ ninjagig.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
11. Governing Law and Dispute Resolution
If you are a Job Applicant: this Agreement and any dispute arising out of or in connection with this Agreement ("Dispute") will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Utah, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Davis County, Utah, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Davis County, Utah, U.S.A.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service.
If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Utah, USA. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Davis County, Utah, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in Davis County, Utah, U.S.A.
If you are neither a Job Applicant or Employer as defined in this Agreement and are not using the Site as intended by Ninja Gig, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Davis County, Utah, U.S.A.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Ninja Gig. If you intend to propound discovery seeking user information from Ninja Gig LLC., you agree to do so pursuant to a valid federal, Utah or Utah domesticated request, addressed to and properly served at our registered agent in Utah at Ninja Gig, LLC, 578 West 2050 North, West Bountiful, UT 84087. You further agree to submit to the personal jurisdiction of the appropriate Utah state or federal courts for such discovery proceedings.
12. Class Action Waiver
By using the Site and in return for the services offered by Ninja Gig, you acknowledge that Ninja Gig can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Applicant) agree not to sue Ninja Gig as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Ninja Gig regarding your use of the Site. Additionally, as a Job Applicant, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.
14. Information or Complaints
If you have a question or complaint regarding the Site, please use our Ninja Gig Help Center. Please note that communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and program specific terms, program specific terms will govern with respect to the specific program, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ninja Gig. This Agreement, together with any amendments and any additional agreements you may enter into with Ninja Gig in connection with the Site, shall constitute the entire agreement between you and Ninja Gig concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Ninja Gig employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Ninja Gig’s proprietary rights in them.
You understand and acknowledge that Ninja Gig or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Ninja Gig reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Ninja Gig party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Ninja Gig party identified in the first paragraph of this Agreement with respect to such new territory.
Any notices to Ninja Gig must be sent to the applicable Ninja Gig entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Ninja Gig Ads Program, Ninja Gig Resume Program, or Ninja Gig Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Ninja Gig Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without Ninja Gig’s prior written consent and any such attempt is void. Ninja Gig may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Ninja Gig may assign any agreement between you and Ninja Gig to any related Ninja Gig entity by informing you of such assignment. Ninja Gig and you are not legal partners or agents, but are independent contractors.
16. Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. ("Apple", and such mobile application, the "App"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Ninja Gig in accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Ninja Gig’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
17. The Ninja Gig Apps
By using any of the Ninja Gig Apps, you agree that all of the terms and conditions found herein apply to your use of the Ninja Gig App. Additionally, you agree that the Ninja Gig App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Ninja Gig App, you are asking Ninja Gig to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Ninja Gig Resume. You further acknowledge that your use of the Ninja Gig Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Ninja Gig App, and Ninja Gig disclaims all responsibility for such data usage. In addition, if you allow Ninja Gig Apps to utilize location services, the Ninja Gig Apps may suggest to you and collect from you certain information based on your geographic location.
18. Use of Site by Minors
The Site is not for use by anyone under the age of 16. To use the Site you agree that you must be the minimum age (described in this paragraph below) or older.
The minimum age for these purposes shall be 16, however if local laws require that you must be older in order for Ninja Gig to lawfully provide the services in the Site to you then that older age shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Ninja Gig under the supervision of your parent, legal guardian or responsible adult. Ninja Gig adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ ninjagig.com (remove spaces when sending email).
Last Updated: January 01, 2018
1.1 The Ninja Gig Entities Responsible for Your Information
All references to Job Applicant and Employer are defined as provided for in the Ninja Gig Terms of Service Introduction.
With respect to Employers, "Ninja Gig" or "we" means Ninja Gig, LLC and its subsidiaries.
1.2 Personal Data and Non-Personal Data
You provide different types of information in order for Ninja Gig to provide our services, products and features to you.
2.1 Information You Provide to Ninja Gig
– From Your Account
We collect data from you when you create an Ninja Gig account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site. This may include, but is not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume, including but not limited to application materials and answers to screener questions submitted to Employers through Ninja Gig and answers you give to any questionnaires sent to you, which you answer.
– Through Your Activity on Ninja Gig
In addition, as part of the standard operation of the Site, Ninja Gig may collect and analyze information from your computer or mobile device and actions taken on the Site, including, but not limited to, your resume, your searches on Ninja Gig, the titles of jobs you search, click on or apply to, where those jobs are located, salary interest or experience, the general salary range or experience level of the jobs you view (where indicated), your activity time on the Site and each page, page views, clicks, taps, session activity, browser type, operating system, type of device, MAC address, IP address and the domain name from which you accessed the Site.
– When Providing Employer Information
If you are an Employer, Ninja Gig may request that you provide certain Personal Data to Ninja Gig in order to verify your account. This information may include, but may not be limited to, your Federal Employer Identification Number (EIN), Business Registration information, or a utility bill, the name and email address of an Employer representative.
This information will be used for internal purposes only, subject to any request by law enforcement or a court order. In connection with chargeable services, we will also collect payment information (e.g., the last four digits of credit card numbers and related verification information). Please note that Ninja Gig only has access to the last four digits of Employer credit card numbers, and does not store full credit card numbers.
2.2 Any Other Personal Data Ninja Gig May Receive from Third Parties
2.3 Storage of Your Information
2.4 What Personal Data is Required
Ninja Gig will indicate to you at the point of provision as to whether or not particular Personal Data provided by you is required in order to provide particular Ninja Gig services or features to you. Where Personal Data that is required is not provided by you then the particular feature or service may not be available to you.
2.5 The Legal Basis on Which Ninja Gig Collects Your Personal Data
Ninja Gig collects and processes your Personal Data on the basis of different legal grounds, depending on the nature of the Personal Data being provided and the type of processing involved. More information is provided on this here.
– Performance of a Contract
Most of the Personal Data processed by Ninja Gig is performed on the basis that it is necessary for the performance of our agreement with you, or in order to take steps at the request of the user prior to entering such an agreement. An example of this would be where Ninja Gig matches Job Applicants with Employers.
– Legitimate Interest
A second ground relied upon by Ninja Gig for other types of processing of your Personal Data is that it is necessary for the purposes of legitimate interests pursued by Ninja Gig. Such legitimate interests will include where Ninja Gig sends you marketing about our products and services, where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf, or where such processing is strictly necessary for fraud detection and prevention. Ninja Gig will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products and features to you.
– Compliance with a Legal Obligation
A third ground relied upon for certain types of processing is that it is necessary in order to allow Ninja Gig comply with a legal obligation. An example of this would be where Ninja Gig is required to retain business records for fixed periods of time in order to comply with local legal requirements.
Finally, in certain limited situations, Ninja Gig relies on your consent in order to process your Personal Data. Where Ninja Gig requires your consent in order to collect and process certain Personal Data, we seek your consent at the time of provision, and such processing will only be performed where consent is secured.
3.1 Where an Employer Wants to Close an Employer Account
3.2 Where a Job Applicant Wants to Delete a Job Application
If a Job Applicant wants to delete a job application performed on Ninja Gig’s Site, they are advised to contact the prospective Employer directly to request deletion of their application. For job applications which you, the Job Applicant submit through Ninja Gig to an Employer, (with related materials submitted), please note: 1) that your applications and materials may be controlled by an Employer; 2) we may direct you to that Employer for Personal Data deletion requests where that Personal Data is held by that Employer; and 3) Ninja Gig depends on the Employer or the Employer’s agent to provide Ninja Gig with the correct destination for all applications.
3.3 Where the Employer Contact Details Provided to Ninja Gig Are Incorrect
In the event that the electronic destination provided to Ninja Gig is incorrect, your application materials will not be sent to the intended recipient of the application. Ninja Gig has no liability for such applications. If you do not wish to send your application materials in this manner, you should send them directly to the Employer.
3.4 @ninjagig.com Email Addresses
When communicating through Ninja Gig’s message relay system, you will see an email address with an @ninjagig.com ending. You understand that you retain no ownership rights in these email addresses, which are specific to Employers’ Job Listings, but are owned by Ninja Gig. However, Ninja Gig’s relay system will show the name associated with your account or job application in the "To:" or "From:" field.
Please also note that since these message proxy and relay services depend on the functionality of third-party providers, there may be technical delays on the part of those email service providers.
3.5 Minimum Age of our Users
The Site is not for use by anyone under the age of 16. To use the Site you agree that you must be the minimum age (described in this paragraph below) or older.
The minimum age for these purposes shall be 16, however if local laws require that you must be older in order for Ninja Gig to lawfully provide the services in the Site to you then that older age shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Ninja Gig under the supervision of your parent, legal guardian or responsible adult. Ninja Gig adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
1) provide our services, products and features to you, to help Job Applicants find jobs and Employers find candidates;
2) to measure and improve those services, products and features; and
3) to protect our users and provide them with customer support.
More detail on these purposes, uses and disclosures of your information is set out below.
4.1 Creating an Account, Sending You Job Alerts and Other Promotional Materials
If and to the extent permitted by applicable law, Ninja Gig may use your contact information to (i) create an account; (ii) send you job alerts; and (iii) send you information about Ninja Gig, including promotional materials. Ninja Gig may use third-party partners to perform these activities on Ninja Gig’s behalf.
A job alert is defined as an email sent to you that you sign up for containing Job Listings in response to a search query you have run ("Job Alert"). Job Alerts may also include jobs that Ninja Gig recommends for you, Ninja Gig Targeted Ads, companies you may be interested in following, or other actions you may want to take on the Site.
4.2 Giving You Relevant Search Results and Recommended Jobs
In order to optimize our services, products and features for you, Ninja Gig may use your previous search and browsing history (e.g. the jobs you click on), or application materials and answers to screener questions, to identify you and determine relevant search results and provide you with recommended jobs or reach out to you about jobs you may be interested in. We may also use demographic and/or profile data to tailor your experience on the Site, to show you content that Ninja Gig thinks you may be interested in, and display content according to your preferences.
4.3 Your Contact Information
When you give Ninja Gig contact information (such as your name and email address) and other forms of Personal and Non-Personal Data, you agree that Ninja Gig may utilize this information for the purposes outlined in sections 4, 5 and 9, to the extent applicable. In particular, you agree that Ninja Gig may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Ninja Gig account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Ninja Gig or that Ninja Gig may otherwise obtain from third-party resources.
4.4 Your Resume Information
Your information, including Personal Data, gets placed on the Site when you upload or edit a resume. Ninja Gig reserves the right to charge third parties a fee for accessing your information, including Personal Data, as part of Ninja Gig’s services. At your direction, Ninja Gig may also send your resume to third parties if you choose to apply for a job listing. The extent to which your information is made available to third parties depends on the privacy settings you choose on Ninja Gig. When a Job Applicant creates a resume on Ninja Gig, they are given the option to make their resume public or private. This is detailed below.
– Private Resumes
Private resumes are only made available to those to whom the Job Applicant has initiated an application or provided their resume. Where this occurs, you make your resume, your name and other Personal Data that you place on your resume available to third parties. Those third parties may be interested in you as an employee, and may forward your resume to other third parties.
– Public Resumes
Public resumes are available to anyone with access to Ninja Gig’s resume search application, in order to increase the visibility of that resume and help Ninja Gig find you a job. Where this occurs, you make your resume, your name and other Personal Data that you place on your resume available to third parties. Those third parties may be interested in you as an employee, and may forward your resume to other third parties.
If you post a public resume, this may be crawled by, and displayed through search engines when someone searches for your name. This means that third parties can view the Personal Data contained in your resume and you may receive unsolicited contact from parties unaffiliated with Ninja Gig and for whom Ninja Gig has no responsibility. If you post a public resume on Ninja Gig, please note that although Ninja Gig expressly prohibits the scraping of its Site any resume you post publicly is public information and the content may be copied by a third party in violation of these terms.
For public resumes, you also authorize Ninja Gig to remove your name from your public resume, in certain instances.
– Changing Your Resume Privacy Settings
You will be given the option to make your resume private or public when you place your resume on Ninja Gig. You may adjust this at any point by editing your privacy settings on Ninja Gig. Where you adjust your resume from public to private, Ninja Gig does not warrant how often third-party search engines will update their caches, which may continue to contain your resume information.
4.5 Matching Job Applicants With Employers
You acknowledge that Ninja Gig may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other Ninja Gig product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to Job Applicants and Employers).
If you have an Ninja Gig account or an Ninja Gig-hosted resume, you agree that Ninja Gig may contact you or suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Ninja Gig.
In addition, if you set your Resume to public, this means that Ninja Gig may share all of the aforementioned information about yourself with recruiters working for or on behalf of Employers. If you do not wish to share such information, you may set your Resume to private.
4.6 Sending Messages on Ninja Gig
Ninja Gig provides two-way message proxy and relay services to the users of our Ninja Gig products, including: Ninja Gig Apply, and Post a Job. By utilizing this Ninja Gig relay function, you acknowledge that you are asking Ninja Gig to send these messages on your behalf. This includes your resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials.
We monitor, review, store and analyze such content, including via automated means, for data analysis, quality control, and to improve the Site or any other Ninja Gig product or service. Examples of such improvements would be optimizing our search results, improving Job Listings, provide you with personally relevant product features, and preventing fraud and spam.
4.7 Preventing Fraud and Spam
For example, Ninja Gig is subject to the investigatory and enforcement powers of the Federal Trade Commission in the United States and many other regulatory bodies.
We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
– Preventing Fraud and Spam in Messages
Ninja Gig also reserves the right to drop messages from our relay system that Ninja Gig determines do not adhere to Site Rules or any of the terms of this agreement. Ninja Gig further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Ninja Gig or its users, or otherwise conducting fraudulent activity on Ninja Gig by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Ninja Gig. Ninja Gig also reserves the right to turn over any information gathered via such investigations to the police or other third party if Ninja Gig has a good faith belief that you are using the Site in violation of these terms.
Ninja Gig reserves the right to verify and confirm the identity of any party associated with an email relay. This includes but is not limited to verifying the identity of the sender of an email with the Employer agents associated with that email address on the relevant Job Listing.
4.8 Facilitating Payment
If you provide credit, debit or other payment card and related details to us in order to make a payment, Ninja Gig will use such information only for the purpose of processing the payment (e.g., the last four digits of credit card numbers and related verification information).
4.9 Automated Processing of Your Personal Data
In order to optimize the performance of the Ninja Gig Site and services for users, Ninja Gig performs automated processing of Personal Data evaluating certain specific aspects relating to a user, in particular to analyze or predict aspects concerning a user’s personal preferences or interests in terms of Ninja Gig’s Site and services. Where it occurs, such processing is carried if it is necessary for the performance of our agreement with our users, to allow Ninja Gig to provide its services to Job Applicants and Employers, or in other cases on the basis of a user’s consent.
4.10 Transfer of Information to Ninja Gig Affiliated Entities
Any information shared by you with Ninja Gig may be shared with or transferred to any Ninja Gig affiliated entity, no matter where located, for the purpose of providing you services and improving the Site.
Such transfers are performed in full compliance with applicable data protection rules and subject to appropriate safeguards, primarily through the use of extensive data protection agreements, in order to ensure adequate protection of users’ Personal Data. The services provided to you and the functionality of the Site could not be provided without such a transfer. If you do not wish your information to be transferred in this way you should not use this Site.
4.11 Transfer of Information to Third Parties
– Transfers to Employers
Employers agree to comply with all their responsibilities under applicable data protection rules with respect to the collection, processing and storage of Personal Data, as well as providing adequate protection of all data subject rights provided for under all applicable data protection rules.
– Transfers to Service Providers and Vendors
We may use third parties to perform services in connection with our operations, to improve the Site and our services, products and features, and to protect our users. These third parties may include (but are not limited to) service providers and vendors.
Ninja Gig may also transfer your Personal Data in limited situations to certain third-party vendors that assist Ninja Gig with protecting our users and maintaining the quality of our services, products and features provided to those users. An example would be vendors Ninja Gig uses for fraud detection purposes. Examples of those vendors include: SiftScience and Emailage.
– Transfers to Cloud Service Providers
Please also be aware that we may also use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Data, by these companies.
– Transfers of Publicly Available Information
When users post content on Ninja Gig in a manner that is intended to make that content publicly available and searchable by individuals, Ninja Gig reserves the right to aggregate and share that information with third parties. For example, if an Employer posts a job on Ninja Gig, Ninja Gig may share that job posting or information contained within that job posting with third parties, at Ninja Gig’s discretion and subject to agreement between Ninja Gig and any such third parties. Ninja Gig also reserves the right to share information aggregated from public sources in this capacity.
– Third-Party Sites You Link to from Ninja Gig
Ninja Gig seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Data under Ninja Gig’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. Therefore, while we strive to protect your information, we cannot guarantee its security.
Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Data, by these companies.
The Site may make available links to other websites. When you click on such links, you may leave our Site. The Site may also make available Company Pages, which may contain information provided by third-party Employers.
WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.
Ninja Gig users that provide their Personal Data in the EU, and those that provide their Personal Data in any other jurisdictions that adopt laws affording equivalent protections to those in the EU, may avail of the rights detailed below.
10.1 The Right to Rectify Your Personal Data
You may make a formal request to have Ninja Gig rectify any inaccurate Personal Data on your behalf by sending an email to privacy-dept @ ninjagig.com from the email address associated with your account.
10.2 The Right to Object to or Restrict the Processing of Your Personal Data
If you have any queries or complaints about how we process your Personal Data we encourage you to contact us here.
Alternatively, if you do not wish to do this you may make a formal request to object to, or restrict, processing of your Personal Data by Ninja Gig. In order to do so please send an email to privacy-dept @ ninjagig.com from the email address associated with your account.
10.3 The Rights of Access to and Portability of Your Personal Data
Ninja Gig users are able to access most of their Personal Data held by Ninja Gig on the Site, and if you have any queries or complaints we encourage you to contact us here.
Alternatively, if you do not wish to do this you may make a formal request to access your Personal Data held by Ninja Gig. In order to do so, please send an email to privacy-dept @ ninjagig.com from the email address associated with your account, and paste the following sentence in your email: "I am requesting to access my personal data." Ninja Gig will provide your Personal Data to you in a portable format to allow it to be transmitted to third parties.
10.4 The Right to Delete Your Personal Data
Ninja Gig users are able to edit and update most of their Personal Data held by Ninja Gig on the Site, and if you have any queries or complaints we encourage you to contact us here.
Alternatively, if you do not wish to do this, you may make a formal request delete your Personal Data held by Ninja Gig. In order to do so, please email to privacy-dept @ ninjagig.com from the email address associated with your account, and paste the following sentence in your email: "I am requesting to delete my personal data." Once your request has been confirmed, Ninja Gig will initiate the necessary steps to execute this exercise, including the deletion of your Ninja Gig account. Where the deletion request relates to Personal Data that you previously requested be made public on Ninja Gig (e.g. a Job Applicant posting a public resume), we will make reasonable efforts to inform any other controllers of this request.
PLEASE NOTE: by requesting the deletion of your Personal Data, you will no longer be able to create an account with Ninja Gig using the same email address. If you simply wish to close your account, please click the "close my account" button in your account page.
10.5 Some Limitations
Such rights of rectification, objection, restriction, access, portability and deletion are subject to certain limitations, as provided for by applicable laws. Individual requests will be completed within the time allotted by relevant regulations, which starts to run from the point of Ninja Gig confirming your request. Where permitted, please note there may be a charge for subsequent requests from the same individual, which will be determined by Ninja Gig and only imposed to the extent permitted by applicable law.
Ninja Gig has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a nonprofit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
There may be a possibility, under certain limited conditions, for EU and Swiss individuals to invoke binding arbitration before the Privacy Shield Panel.
If you no longer want to receive marketing materials from us based upon your Personal Data, going forward, you may opt out of receiving such marketing related messages by sending an email to opt-out @ ninjagig.com (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will comply with your request as soon as reasonably practicable, and in accordance with applicable laws.
14.1 Contacting Ninja Gig
You may contact Ninja Gig, LLC at 578 West 2050 North, West Bountiful, Utah, 84310, USA; or you may contact either company via our Site contact form. If you would like to contact Ninja Gig’s Data Protection Officer, please send an email to privacy-dept @ ninjagig.com (remove spaces when sending email).
If you believe your data protection rights have been infringed by Ninja Gig, you have the right to complain to the appropriate data protection supervisory authority in your jurisdiction.