Curatorial Policy

The Art Career Café Curatorial Policy is designed to create the best experience possible for you while you’re here with us. That’s why we’ve worked to create easy to use search features and a carefully thought out design. It’s the online equivalent of a “clean well-lighted place.” It’s also why we review every job listing before it’s posted. We take all that legal stuff in the Terms of Use section seriously

In addition, we have some definite opinions about the types of jobs we want to make available to our community. We believe that qualified, trained creative people need a place to find meaningful work that can bring them joy, purpose and a paycheck or other tangible form of compensation.

The Art Career Café is the place to find and list job opportunities in the creative workforce. We broadly define this to include private, non-profit and public sector work.

Examples include jobs for artists of all kinds, teaching artists, administrators, executive, back stage, back room, front of house, front line, production, freelance, consulting, contract, seasonal, temporary, seamstress, milliner, dolly operator, best boy, artist's assistant or any other aspect of the creative economy. We'll happily post jobs for everything from the local mom and pop operation to a national organization.

That said, we do have a few things we don't post. . .

• We do not post uncompensated work opportunities or volunteer positions. While we understand that these are an important part of our creative workforce eco-system, we also know that there are many other ways to find these opportunities. Compensation can take many forms of course - stipends, free housing, school course credits - but it must be more than free tickets. If you are unsure if your opportunity fits this criteria, contact us and we'll be happy to discuss it with you.
• We reserve the right to refuse to post jobs that do not fit the broad definition for creative work that we’ve identified above, postings that are irrelevant to our purpose or contain inappropriate language or references.
• We do not discriminate with regard to all those things that make human, such as but not limited to race, gender, religion, different abilities or sexual preferences.
• We do reserve the right to refuse to post anything from businesses that have evidence of being discriminatory or lacking in appropriate and generally accepted hiring and workplace standards.

We appreciate your understanding of our policies. We also always solicit your feedback. If you have any concerns, please contact us.

Copyright

© Copyright Art Career Cafe and v.p.s. cartographie, 2014. All rights reserved.  Reproductions, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws.  All the text, graphics, design, content, and other works are the copyrighted works of Art Career Cafe and v.p.s. cartographie.

Privacy Policy

Overview

ArtCareerCafe.com (also known here as  “ArtCareerCafe ", “We" or “Our") has drafted its Privacy Policy to ensure that you can clearly understand our data and security practices and policies as you use the ArtCareerCafe.com website and software applications (the “Site"). This Privacy Policy describes the types of Personal Information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of your Personal Information. The phrase “Personal Information" refers to information that personally identifies you, such as your name, address, telephone number, email address, credit card number or other billing information. We also describe the measures we take to protect the security of your Personal Information and how you can contact us about our privacy practices. This Privacy Policy incorporates by reference the Terms and Conditions for the Site, which apply to this Privacy Policy. When you visit the Site or provide us with information, you consent to our use and disclosure of the information we collect or receive as described in this Privacy Policy.

Please review this Privacy Policy periodically as we may update it from time to time without prior notice to reflect changes in our data practices. We will post a prominent notice on our Site to notify you of any significant changes to our Privacy Policy and indicate at the bottom of the notice when it was most recently updated. If we make material changes to the policy that will affect previously collected Personal Information, you will be notified and asked to consent to the updated Privacy Policy.

Information We Collect

We may obtain information about you from various sources, including our Site, when you call or email us or communicate with us through social media, or when you participate in events, contests or other promotions. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties and publicly available information.

The types of information we may obtain include:

• Your Personal Information, if you choose to provide it or if we obtain it in the manner described above. You do not have to give us any Personal Information in order to perform job searches or to read the content portions of the Site.
• Username and password for the account you may establish on our Site.
• Payment details (including payment card number, security code, expiration date, cardholder name and billing address) if you buy products on our Site.
• Other details that you may submit to us or that may be included in the information provided to us by third parties.

We collect information stored in your social media profile that you authorize us to access when you use your social media profile to enact features on the Site.

In addition, when you visit our Site, we may collect certain information by automated means, such as cookies and web beacons or Google Analytics. The information we may collect by automated means includes:

• Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type).
• Pages and URLs that refer visitors to our Site, also pages and URLs that visitors exit to once they leave our Site.
• Dates and times of visits to our Site.
• Information on actions taken on our Site (such as page views, site navigation patterns and job view or application activity).
• A general geographic location (such as country and city) from which a visitor accesses our Site.
• Search terms that visitors use to reach our Site.

How We Use the Information We Collect

We may use the information we obtain about you to:

• Register, manage and maintain your account on the Site.
• Provide products or services you request.
• Process, validate and deliver your purchases (including by processing payment card transactions and contacting you about your orders, including by telephone).
• Maintain a record of the jobs you view or apply to on our Site.
• Inform you of relevant job postings that may be of interest to you.
• Provide administrative notices or communications applicable to your use of the Site.
• Respond to your questions and comments and provide customer support.
• Contact you and deliver information to you that, in some cases, is targeted to your interests (such as relevant services, educational or other career development opportunities); enable you to communicate with us through our blogs, social networks and other interactive media; and solicit your feedback and input. These communications will contain links for preference management and, where appropriate, unsubscribe links should you decide you do not want to receive further communications.
• Manage your participation in our events and other promotions, where you have signed up for such events and promotions.
• Operate, evaluate and improve our business and the products and services we offer.
• Analyze and enhance our marketing communications and strategies (including by identifying when emails we have sent to you have been received and read).
• Analyze trends and statistics regarding visitors’ use of our Site, mobile applications and social media assets, and the jobs viewed or applied to on our Site.
• Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
• Enforce our Site’ Terms and Conditions.
• Comply with applicable legal requirements and industry standards and our policies.

We also use non-personally identifiable information and certain technical information about your computer and your access of the Site (including your internet protocol address) in order to operate, maintain and manage the Site. We collect this information by automated means, such as cookies and web beacons, as described in more detail below.

If we seek to use the information we obtain about you in other ways, we will provide specific notice and request your consent at the time of collection.

INFORMATION WE SHARE

We do not sell or trade or provide Personal Information to marketing companies or information brokers or any other organization or individual. We will only disclose your Personal Information in the following circumstances without first obtaining your consent:

• ArtCareerCafe will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such an action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ArtCareerCafe or the Site; (b) protect and defend the rights of property of ArtCareerCafe and its family of webSite; and (c) act in urgent circumstances to protect the personal safety of users of ArtCareerCafe, its webSite, or the public.
• We may use third party suppliers and service providers to facilitate our services, and they may have access to Personal Information. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.  For example, we may outsource one or more aspects of our Site to a supplier or service provider who performs services according to our requirements. In these cases we will restrict through written agreements how these suppliers or service providers may use or disclose the Personal Information to which they have access.

About Cookies, Tracking Choices, and Third Party Advertisers

A “cookie" is a text file that webSite send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon," is also called a Web bug or a pixel tag or a clear GIF. Used in combination with cookies, a Web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail.

ArtCareerCafe uses cookies and other similar technologies for the convenience of our users. Cookies enable us to serve secure pages to our users without asking them to sign in repeatedly. ArtCareerCafe also uses cookies to store non-personally identifying information about you such as past jobs viewed and job searches conducted by your computer in a cookie that it places on your computer. We do this in order to present you with job recommendations based on your interests as expressed previously through your searches. Lastly, ArtCareerCafe uses cookies to ensure the proper functioning and efficiency of our Site. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please be aware, however, that some ArtCareerCafe features or services may not function properly without cookies.

ArtCareerCafe permits third party cookies on its Site. For example, third party tools located on the Site, including those that allow for social media sharing, may use cookies to remember user preference settings. ArtCareerCafe also uses web analytics services provided by third parties, which use cookies to collect non-personal information about details of our users’ visits to the Site (including IP addresses) and the resources they access on the Site. These third party web analytics services provide us with reports based on this information in order to help us understand how visitors engage with the Site.

Update Your Account Information

You may access, update and amend Personal Information included in your online account at any time by logging into your account and making the necessary changes. You may also delete your account, including your Personal Information from our databases at any time by logging in to your account and making an account deletion request. Deleting your account will remove your Personal Information and resumes from our databases. In addition, we will retain anonymous Aggregate Data for uses described above.

Links to Other Websites

Our Site may contain links to other sites for your convenience and information. Companies not owned by ArtCareerCafe may operate these sites. These other sites or linked third-party site may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content of any site not owned by ArtCareerCafe, any use of those sites, or those site’s privacy practices.

How We Protect Personal Information

ArtCareerCafe maintains administrative, technical and physical safeguards designed to assist us in protecting the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private. As a user of the Site, you understand and agree that you assume all responsibility and risk for your use of the Site, the Internet generally, and the documents you post or access and for your conduct on and off the Site.

To further protect yourself, you should safeguard your ArtCareerCafe account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our Site. Please note that we will never ask for your ArtCareerCafe account user name or password via email.

Some Important Tips To Use When Dealing With Prospective Employers

• You should use your own careful judgment about whether and what information to provide prospective employers.
• DO NOT PUT SENSITIVE INFORMATION, SUCH AS YOUR SOCIAL SECURITY NUMBER, ON YOUR RESUME.
• ArtCareerCafe’s Site is open to the public, and we cannot guarantee that all users of our services have a legitimate need to the information they seek.
• Do not provide your social security number, national identification number or any state, provincial or other local identification number to a prospective employer via online application. Identity thieves may attempt to trick you into providing sensitive information. Do not provide any non-work related personal information (i.e., your social security number or any other state or national identification number, eye color, marital status, etc.) over the phone or online.
• Job seekers should never provide credit card or bank numbers or engage in a monetary transaction of any sort.
• Be cautious when dealing with contacts outside of your own country.
• We use secure socket layer (or “SSL") technology to protect credit card transactions. The SSL technology encrypts credit card numbers while in transit so that they are not intercepted by unintended third parties. We use Stripe, Inc to process credit card purchases and their privacy policy may be viewed here.

While ArtCareerCafe does not disclose personal information of its users to any direct marketing third parties, California law permits its residents to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for their use in direct marketing. If you are a California resident and a user of the Site, you can request a copy of this information by sending an email to victoria(at)artcareercafe.com or a letter to 4769 Kensington Drive, San Diego CA 92116 - Attention: Café Customer Service. Please include your name and email address in email requests, and your name and postal address in mail requests.

Children’s Privacy

We do not knowingly collect or solicit information from anyone under the age of 13. If you are under 13, please do not use the Site. In the event that we learn that we have collected personal information from a child under the age of 16, we will delete that information as quickly as possible.

How to Contact Us

You can direct questions regarding this Privacy Policy by emailing us at victoria@ArtCareerCafecom.com or by letter to 4769 Kensington Drive, San Diego, CA 92116,  Attention: Café Customer Service. Please include your name and email address in email requests, and your name and postal address in mail requests.

Terms and Conditions

1. Introduction. Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the ArtCareerCafe Web Site and the Services (as each are defined below) provided by ArtCareerCafe. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the ArtCareerCafe Web Site or Services. These Terms and Conditions are effective as of April 1, 2015.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by ArtCareerCafe), together with your Service Activation Agreement (if applicable), form a binding agreement (the "Agreement") between you and ArtCareerCafe. Your access to or use of the ArtCareerCafe Web Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

3. Certain Definitions. The following definitions apply to this Agreement:

3.1 "ArtCareerCafe Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.

3.2 "ArtCareerCafe Web Site" or the "Site" (collectively, the "ArtCareerCafe WebSite" or the "Site") means any web site under ArtCareerCafe's control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, ArtCareerCafe Materials and Services (as applicable in each context).

3.3 "Content" includes all Text, Graphics, Design and Programming used on the Site.

3.4 "Design" includes the color combinations and the page layout of the Site. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.

3.5 "Document" refers to any posting to a Site.

3.6 "Employer" means a person or entity that is accessing the Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.

3.7 "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.

3.8 "Graphics" includes all logos, buttons, and other graphical elements on the Site.

3.9 "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.

3.10 "Services" means any services provided by ArtCareerCafe or its agents described herein and specified more fully in the Service Activation Agreement.

3.11 "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.

3.12 "User" refers to any individual or entity that uses any aspect of the Site.

3.13 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. Intellectual Property Rights and Acceptable Use of the Site and Services.

4.1 General Use Rules.
The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of ArtCareerCafe's intended and acceptable use of the Site. ArtCareerCafe is the sole interpreter of the Site's intended and acceptable use.

4.2 ArtCareerCafe Intellectual Property Rights.
The Site, the ArtCareerCafe Materials and all right, title and interest in and to the Site and ArtCareerCafe Materials are the sole property of ArtCareerCafe or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, ArtCareerCafe reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or ArtCareerCafe Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Site other than the search engine and search agents available from ArtCareerCafe on such ArtCareerCafe Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the ArtCareerCafe Site, without the express written consent of ArtCareerCafe. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The ArtCareerCafe Materials are not considered to be works for hire and you may duplicate such ArtCareerCafe Materials only for the purposes outlined in the Service Activation Agreement. Any code that ArtCareerCafe creates to generate or display the Content or the pages making up the Site is also protected by ArtCareerCafe's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or ArtCareerCafe Materials on any authorized copy you make of the Content or ArtCareerCafe Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.

4.3 License to Use by Users who are Job Seekers.
ArtCareerCafe hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Site is a privilege. ArtCareerCafe reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.4 License to Use by Users who are Employers. ArtCareerCafe hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use, seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. ArtCareerCafe also grants you a limited, terminable, non-exclusive license to use the ArtCareerCafe Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by ArtCareerCafe to any third party without the express written authorization of ArtCareerCafe. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. ArtCareerCafe reserves the right to suspend or terminate your access and use at any time if ArtCareerCafe determines that you are in breach of these Terms and Conditions.

4.5 Employer Materials.
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants ArtCareerCafe a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.

4.6 Use of Aggregate Data.
You understand and agree that ArtCareerCafe owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. ArtCareerCafe may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).

4.7 Other Specific Rules Regarding Site Usage.
You represent, warrant and agree that you (a) are at least 16 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.

5. Third Party Providers.
You acknowledge and agree that ArtCareerCafe may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between ArtCareerCafe and its Third Party Providers, ArtCareerCafe will have sole responsibility for handling all billing and contract negotiations.

6. Disclaimers and Limitations on ArtCareerCafe's Liability.

6.1 Allocation of Responsibility
ArtCareerCafe assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users.

6.2 No endorsements by ArtCareerCafe.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

6.3 WARRANTY DISCLAIMERS.

(a) THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ARTCAREERCAFE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ARTCAREERCAFE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i) ARTCAREERCAFE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ARTCAREERCAFE IS NOT RESPONSIBLE FOR THOSE COSTS.

(II) ARTCAREERCAFE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.

(III) ARTCAREERCAFE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.

(IV) ARTCAREERCAFE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. ARTCAREERCAFE DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.

(b) IN NO EVENT SHALL ARTCAREERCAFE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTCAREERCAFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ARTCAREERCAFE'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL ARTCAREERCAFE (OR EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH ARTCAREERCAFE, THE AMOUNTS ACTUALLY PAID BY YOU TO ARTCAREERCAFE UNDER THIS AGREEMENT IF GREATER THAN US$200.00).

(E) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT ARTCAREERCAFE WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.

6.5 User Authentication.
Because User authentication on the Internet is difficult, ArtCareerCafe cannot and does not confirm that each User is who they claim to be. Because ArtCareerCafe does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release ArtCareerCafe from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.6 California Residents.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

7. Payment of Services upon Termination of Services.
If at any time during the course of this Agreement you should terminate a service Agreement in which these Terms and Conditions have been incorporated by reference, then ArtCareerCafe shall reserve the right to receive all payments from you for the Services used by you up to termination.

8. Links to Other Site.
ArtCareerCafe contains links to third party web Sites. These links are provided solely as a convenience to you and not as an endorsement by ArtCareerCafe of the contents on such third-party web Site. ArtCareerCafe is not responsible for the content of linked third-party Site and does not make any representations regarding the content or accuracy of materials on such third-party web Site. If you decide to access linked third-party web Site, you do so at your own risk.

9. Amendments to this Agreement and Changes to Site.
ArtCareerCafe may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by ArtCareerCafe unless ArtCareerCafe agrees to them in a signed writing specifically including those new or different terms. ArtCareerCafe may change the Site at any time.

10. Indemnity.
You agree to defend, indemnify, and hold harmless ArtCareerCafe (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, your use of the Services or your breach of this Agreement. ArtCareerCafe shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

11. User Information and Privacy Policy.

11.1 When you register on any of the ArtCareerCafe Site or in connection with the Services, you will be asked to create an account and provide ArtCareerCafe with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.

11.2 All User Information will be used in accordance with the terms of ArtCareerCafe's Privacy Policy. Please note, as set forth in the Privacy Policy, that ArtCareerCafe may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, ArtCareerCafe reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.

12. Questions and Notices.
Questions concerning the use of the Site should be directed to Feedback. Notices to ArtCareerCafe should be sent to 4769 Kensington Drive, San Diego, CA 92116 or victoria(at)artcareercafe.com. We will send notice to you at the address submitted by you or to such other address as ArtCareerCafe reasonably determines is an appropriate address for you.

13. General.
ArtCareerCafe contact information is listed on the Site. ArtCareerCafe makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access ArtCareerCafe from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and ArtCareerCafe is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by ArtCareerCafe in a particular "Legal Notice," or material on particular web pages of the Site, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and ArtCareerCafe.

14. Rules regarding Posting, Conduct and Security.

The following rules apply to your use of the Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.

14.1 Posting Rules:

(a) You may not post any Document to a Site that contains: (i) URLs or links to web Site other than to recruitment related pages on your company web; (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership"); provided, however that ArtCareerCafe may allow posting of certain training and business opportunities (see 14.1(e) below).

(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted.

(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.

(e) In limited circumstances, at ArtCareerCafe's sole discretion, ArtCareerCafe allows non-traditional job postings such as internships or education/training opportunities to be posted on the Site. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. ArtCareerCafe reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if ArtCareerCafe deems such job posting to conflict with the best interests of its Users or detract from the User experience.

(g) ArtCareerCafe is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at ArtCareerCafe's sole discretion.

14.2 Conduct Rules:

(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. Your ArtCareerCafe account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a ArtCareerCafe account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your ArtCareerCafe account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify ArtCareerCafe immediately of any unauthorized use of your account or password.

(d) Report inappropriate postings or conduct to victoria(at)artcareercafe.com.

(e) You may not delete or revise any material posted by any other person or entity.

(f) If at any time ArtCareerCafe comes to the understanding that you: (i) misled ArtCareerCafe regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, ArtCareerCafe reserves the right to terminate your Agreement.


14.3 Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. ArtCareerCafe will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

15. Copyright Complaints.

115.1 ArtCareerCafe respects the intellectual property of others. It is ArtCareerCafe's policy to respond to claims of copyright and other intellectual property infringement. ArtCareerCafe will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, ArtCareerCafe may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity.