Urban Interns Connects Service Providers and Service Recipients
Urban Interns is a internet-based communications platform for enabling the connection between individuals seeking services ("Service Recipients") and/or individuals seeking to provide services ("Service Providers")(collectively, "Users"). Users do hereby represent, understand and expressly agree that Urban Interns does not have liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Service Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Service Recipients. All Users do hereby expressly agree not to hold Urban Interns (or Urban Interns's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and Urban Interns expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Urban Interns provides internet services to Users and nothing else. Urban Interns does not provide the content of postings of Users. Users of the Site contract between themselves. In no way is Urban Interns responsible for the listings placed by Service Recipients or involved in transactions for Service services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. Urban Interns will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise from or relate to any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold Urban Interns harmless for any claim or controversy that may arise from any disputes between Users of the Site. Urban Interns will make a good faith effort to terminate Users if it is brought to our attention that the User does not meet the Eligibility Conditions (as defined below) and Urban Interns reserves all of its rights under the Communications Decency Act and otherwise, including (without limitation) its right to remove material objectionable to Urban Interns or that Urban Interns otherwise deems inappropriate. By using this Site, you do hereby agree to report any alleged improprieties of any Users to Urban Interns immediately by notifying Urban Interns of the same via electronic correspondence at firstname.lastname@example.org.
If the Site contains profiles, messaging systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly agree to use such community areas only to send and receive messages and material that are lawful, relevant and proper to the applicable forum. Urban Interns undertakes no obligation to monitor the Public Areas. Urban Interns will not be liable for any content posted on the Public Areas. Any usage of the Site by any User that Urban Interns finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. Urban Interns reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as, but not limited to, rights of privacy and publicity)
* Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
* Use the Site for any purpose which is in violation of local, state, national, or international law, rule, or regulation.
* Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
* Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer.
* Advertise or offer to sell any goods or services for any commercial purpose on the Site which are not relevant to the services offered on the Site.
* Conduct or forward surveys, contests, pyramid schemes, or chain letters.
* Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
* Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
* Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
* Infringe or otherwise violate any right of any third party.
* Restrict or inhibit any other User from using and enjoying the Public areas.
Eligibility Certification; User Obligations
ELIGIBILITY CERTIFICATION: By becoming or attempting to become a Service Provider or Service Recipient, or by using this site, every User certifies that the User meets and will continue to meet the following conditions for as long as the user uses the Site or service:
The User is at least 18 years old and is legally authorized to work
within the jurisdiction of the United States;
2. The User has not been convicted of a crime of any nature, including any felony or any misdemeanor of any kind, and has not been convicted of any sexual offenses; and
3. The User further represents that User is not currently out on bail or on User’s own recognizance pending trial, relating to any felony or misdemeanor charges or sexual offenses of any kind.
each Service Provider who uses this site certifies that he or she is
enrolled in or has graduated from college.
Each User makes the above certification (“Eligibility Certification” and each condition, an “Eligibility Condition”) and agrees that (a) Urban Interns may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Users acknowledge that Urban Interns does not have actual knowledge that the Eligibility Certification is true.
Service Providers and Service Recipients agree to make their own decisions and assessments about persons they employ. Urban Interns does not independently verify that any or all of the Eligibility Conditions are met by any User.
If Urban Interns becomes aware (such as through information provided by a User) that an Eligibility Condition is not met or appears not to be met, Urban Interns may terminate the User without notice or refund and each User agrees to make no further use of the Site or Service after termination. Urban Interns reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. Urban Interns hereby disclaims, and each User agrees Urban Interns shall not have, any liability whatsoever for: (1) any inaccuracy of a User’s Eligibility Certification or any information that a Service Provider submits to a Service Recipient, or (2) misstatements and/or misrepresentations made by any User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold Urban Interns harmless from and against the foregoing.
Links and Account Information
The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing Services. The Site and related services may not be used to recruit for positions posted on another website. Should Urban Interns find that you violate the terms of this section or any terms stated herein, Urban Interns reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Commercial Use Prohibition
The Site is licensed to Users only for use by Service Providers and Service Recipients for the stated purposes provided on the Site only and may not be used for any other purposes whatsoever, including, without limitation, in connection with any commercial endeavors (other than the direct service arrangement of a Service Provider and a Service Recipient) without the express written consent of Urban Interns in advance, and may not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of Users by electronic or other means, unless express written permission from Urban Interns is obtained in advance. Urban Interns reserves the right to take appropriate legal action may be taken, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of Urban Interns. Urban Interns reserves the right to terminate your use of this Site at its sole discretion at any time.
Specific Terms and Conditions
Urban Interns is only a Venue.
Urban Interns is a communications platform for enabling the connection between Users. Urban Interns does not take part in the interaction between Users. Urban Interns does not have control over the quality, timing or legality of services actually delivered by its Users. Urban Interns makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, Urban Interns does not confirm that each User is who they claim to be, however, Urban Interns has established a forum for Users to provide references and to conduct some screening activities. Urban Interns does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. Urban Interns does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site.
In the event that you have a dispute with one or more Users, you release Urban Interns (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) 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.
Information Provided by Users
Third Party Verification Services and Consumer Reports
Urban Interns may make available to Users one or more third party verification services that provide consumer reports or identity check services (collectively, "Verification Services") that enable Users to inquire about selected information, including, but not limited to, the person's identity and certain criminal convictions. Use of the Verification Services is voluntary and Urban Interns does not endorse or make any representations regarding the reliability of the Verification Services or the accuracy of any information provided through such Verification Services. You agree that Urban Interns may, in its discretion, rely on the information but that Urban Interns shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation any User, is not accurate.
Billing and Payment Policy
Urban Interns is a fee-based site.
Urban Interns has an auto-renewal policy, which means that paying users, including both paying Service Recipients and those Service Providers that have purchased the Premium Urban Intern product, will be charged the respective monthly site fee, as set forth on the Site, 30 days after the date of their first payment to Urban Interns. YOU MAY CANCEL YOUR AUTO-RENEWAL AT ANY TIME AFTER YOUR INITIAL PAYMENT HAS BEEN MADE. To do so, go to the “Settings” page, and click “turn off auto renew”. If you choose not to cancel the auto-renewal , you will be charged every 30 days. Except as required by law, no refunds will be issued for these additional charges unless the charge is the result of a traceable website malfunction. Urban Interns may change its fee structure, or add additional fees, at any time.
Renewal and Cancellation
Urban Interns reserves the right, at its discretion, to delete any inactive accounts, defined as any accounts that have not been logged onto by a User during a twelve-month period. Urban Interns also reserves the right to modify the description of an inactive account at its discretion.
Users agree not to hold Urban Interns, Urban Interns’ agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site, the Urban Interns Blogs, or otherwise were provided by a User. Users release Urban Interns and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. Indemnification
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by Urban Interns as provided hereunder. Urban Interns may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon sending of such notice to the User or Users – this notice may be included in or accompany notices of “adverse action” given when termination is based on information in a consumer report (such as a background check). Furthermore, Urban Interns may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of Urban Interns as posted on the Site from time to time. If Urban Interns terminates a User's account in the Service because the User has breached this Agreement, the User will not be entitled to any refund or returned fee, unless required by law. All decisions regarding the termination of accounts shall be made in the sole discretion of Urban Interns. Except as required by law, Urban Interns is not required to provide any User with notice prior to terminating the User's account. Except as required by law, Urban Interns is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's account is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including, without limitation, indemnification and all limitations on liability.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by Urban Interns Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Urban Interns owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Urban Interns Site without Urban Interns's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Urban Interns and/or the relevant right holder.
Urban Interns reserves the right to use any and all material found on its Site, including but not limited to: User profiles, job descriptions, User testimonials, and press mentions of Urban Interns, in any and all of its marketing materials, as consistent with the grants of licenses herein.
Notice of Trademark Rights
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software and the Site is not intended for children. Nevertheless and pursuant to the Communications Decency Act, all Users are hereby informed by Urban Interns, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Copyright Complaints and Copyright Agent
Urban Interns respects the intellectual property of others, and we ask our users to do the same. Urban Interns may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Urban Interns will remove infringing materials if properly notified that content infringes copyright.
Urban Interns asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please contact us at email@example.com.
Urban Interns grants Users a nonexclusive, revocable right to use the Site for its intended purposes, as described on the Site and in this Agreement, provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.
Modifications to the Site
Urban Interns reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that Urban Interns shall not be liable to User or any third party for any modification or discontinuance of the Site.
User account, password and security
Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or Urban Interns for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify Urban Interns of any unauthorized use of User's password or account or any other breach of security.
Profiles and Search Engines
Interns will make reasonable efforts to prevent Service Provider
profiles from being indexed within search engines such as Google.
However, nothwithstanding this, it is possible that some of this data
could be indexed by search engines. By using this Site and agreeing
to the Terms of this agreement, you agree not to hold Urban Interns
liable for any data that is indexed by search engines and
subsequently is displayed in search engine search results. Data
related to jobs posted by Service Recipients on the Site will be
indexed by Google and other search engines.
It is possible that after User data is removed from the Site, either by the User or by Urban Interns, it will remain for a period of time in certain search engines’ caches and therefore will still surface in search results. By using this Site and agreeing to the Terms of this agreement, you agree not to hold Urban Interns liable for any data that resides on the Urban Interns site that mistakenly gets indexed in the search engines.
No Joint Venture
Users are not legally affiliated with Urban Interns in any way merely by virtue of their membership or usage of Urban Interns's Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Urban Interns is not an employment service and does not serve as an employer of any User that may use this Site. Urban Interns is only a venue for connecting Users. As such, Urban Interns expressly disclaims any liability that may arise between Users of its Site.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER URBAN INTERNS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. URBAN INTERNS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER URBAN INTERNS NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. URBAN INTERNS AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. URBAN INTERNS AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. URBAN INTERNS CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD URBAN INTERNS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. URBAN INTERNS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Limitation of Liability
Under no circumstances will Urban Interns or its Affiliates be liable to Users for any indirect, incidental, consequential, special, PUNITIVE or exemplary damages arising from any provision of this Agreement or RELATING TO THE SITE. Furthermore, the aggregate liability of Urban Interns or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
State Law Rights
users may have additional rights under applicable state law, so the two paragraphs above may not apply to you.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Urban Interns may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights of property for you or Urban Interns pending the completion of arbitration.