This Acceptable Use Policy (the “AUP”) shall apply to the entity agreeing to these terms (“Customer”) use of Hireku, Inc. (d/b/a JazzHR) (“JazzHR”) recruiting solutions which include job postings and new hire automation (the, “JazzHR Products”).
- Customer and JazzHR are each referred to as a “Party” or collectively the “Parties”.
- Any violations of this AUP shall be deemed a material breach between the Parties.
- Customer understands, acknowledges and agrees that it shall not, except as otherwise expressly permitted: (i) copy or reproduce the JazzHR Products in any form or medium; (ii) modify, reverse engineer, decompile, adapt, restructure, rearrange, reorganize, recompile, reformat, create derivative works of, change, or add to any JazzHR Products or in any way attempt to reconstruct or discover any source code or algorithms of the JazzHR Products, or any portion thereof, by any means whatsoever; (iii) remove any copyright, proprietary rights, or restrictive legends, or bypass or disable any protections that have been put in place against unlicensed use of the JazzHR Products and/or third party data; (iv) remove JazzHR’s, its Affiliate’s, or licensor’s legends and notices on any and all permitted copies, adaptations, and rearrangements of the JazzHR Products (or part thereof); (v) fail to take appropriate action with its employees, applicants, prospective employees, agents, and subcontractors, by agreement or otherwise, necessary to satisfy its obligations under this AUP with respect to the use, copying, protection, and security of the JazzHR Products and/or Customer data; (vi) engage in any use, including copying, modification, redistribution, publication, display, performance or retransmission, of any portions of any JazzHR Products, other than as expressly permitted by this AUP, without the prior written consent of JazzHR, which consent JazzHR may grant or refuse in its sole and absolute discretion; or (vii) use the JazzHR Products to send messages that violate applicable laws, rules, and regulations.
- When using the JazzHR Products to send messages, Customer shall not, and shall not permit a third party to: (i) distribute, upload, or send any unlawful, defamatory, abusive, fraudulent, hateful, or obscene material, or any material that would infringe or misappropriate the intellectual property rights of a third party; (ii) mislead anyone regarding the origin or sender of any message sent (e.g., by creating a false or misleading identity, phone number or email address); (iii) create or send any unsolicited commercial message in violation of the CAN-SPAM Act or any other applicable law, rule or regulation prohibiting spam and/or unsolicited commercial messages; (iv) create or send any messages to individuals who have requested to be removed from Customer’s mailing list; (v) create or send unsolicited messages to recipients with whom Customer has no pre-existing relationship (this includes, without limitation, the creation or sending of unsolicited messages based on third party lists, list rentals, and/or e-appends); (vi) knowingly or intentionally distribute viruses or any other harmful or destructive code; or (vii) create or send any SMS, MMS, or any other text messages or push notifications in violation of the Do-Not-Call Implementation Act, or the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200) or any other applicable law, rule, or regulation in connection with spam and/or telemarketing, phone, or text-based consumer marketing.
- Customer shall ensure that only authorized users access or use the JazzHR Products and that each authorized user is a unique person. Sharing of usernames and/or passwords for access to the JazzHR Products is prohibited and Customer shall be responsible for its Customer misuse of any usernames or passwords to access the JazzHR Products.