You agree that by clicking “Join Now”, “Join Famark”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Famark (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to Famark.com, Famark-branded apps, Famark Learning and other Famark-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with Famark” and “Share with Famark” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.
You are entering into this Contract with Famark (also referred to as “we” and “us”).
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
If you reside in the “Designated Countries”, you are entering into this Contract with Famark Services Company (“Famark Services”) and Famark Services will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
If you reside outside of the “Designated Countries”, you are entering into this Contract with Famark Company (“Famark”) will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
1.2 Members and Visitors
When you register and join the Famark Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age“Members who were below this new Minimum Age when they started using the Services under a previous User Agreement which had allowed certain persons under 16 to use the Services, may continue to use the Services. As of June 2017 persons under the age of 16 are not eligible to use our Services.”” (described below) or older; (2) you will only have one Famark account, which must be in your real name; and (3) you are not already restricted by Famark from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Famark to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
- All of your purchases of Services are subject to Famark’s refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your Famark account settings.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages and InMails. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Famark connections, restricting your profile visibility from search engines, or opting not to notify others of your Famark profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
3. Rights and Limits
3.1. Your License to Famark
As between you and Famark, you own the content and information that you submit or post to the Services, and you are only granting Famark and our affiliates. Affiliates are companies controlling, controlled by or under common control with us, including, for example, Famark Services, Famark Solutions and Famark Agency. the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "publicIncluding any “Public +” (e.g. public + twitter)", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Famark, you agree that Famark can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Famark may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
3.3 Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Famark generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
Famark may help connect Members offering their services (career coaching, accounting, etc.) with Members seeking services. Famark does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Famark does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Famark is not responsible for the offering, performance or procurement of these services, (2) Famark does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Famark and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.
Similarly, Famark may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Famark is not responsible for the conduct of any of the Members or other attendees at such events, (2) Famark does not endorse any particular event listed on our Services, (3) Famark does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
Famark reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Famark reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).
3.5 Intellectual Property Rights
Famark reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Famark, and “in” logos and other Famark trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Famark.
3.6 Automated Processing
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
FAMARK AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FAMARK AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS FAMARK HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), FAMARK, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
FAMARK AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO FAMARK FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Famark and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Famark or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Both you and Famark may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
You can visit Account Settings to close your account.
6. Governing Law and Dispute Resolution
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. If you live in the Designated CountriesWe use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.: You and Famark Ireland agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Famark Ireland agree that claims and disputes can be litigated only in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland.
For others outside of Designated Countries, including those who live outside of the United States: You and Famark agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Famark both agree that all claims and disputes can be litigated only in the federal or state courts in Santa Clara County, California, USA, and you and Famark each agree to personal jurisdiction in those courts.
7. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Famark has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Famark may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Famark “Dos and Don’ts”
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
You agree that you will not:
- Create a false identity on Famark, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Famark;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of Famark, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Famark” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Famark without our express consent (e.g., representing yourself as an accredited Famark trainer);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Famark’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Famark’s consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service where applicable.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
10. How To Contact Us
Professional Community Policy
This is a community where we treat each other with respect and help each other succeed.
Be civil and respectful in every single interaction.
Use your true identity and share information that is real and authentic.
Keep content professionally relevant and on topic.
Famark Professional Community Policies
Thank you for using Famark Community, where the world’s professionals come together to find jobs, stay informed, learn new skills, and build productive relationships. The content that you contribute to Famark Community should be professionally relevant and meant to contribute to the Famark community in a constructive manner. Together we can make our community a place where everyone is respectful, compassionate, and honest, which, in turn, creates economic opportunity for everyone.
These Community Policies continually evolve to ensure our members have a safe, trusted, and professional experience on Famark Community.
Tell us if you see something unsafe, untrustworthy, or unprofessional
If you see something you believe may violate our policies, whether in profiles, posts, messages, comments, or anywhere else, please report it to us. Combined with our automated defenses, these reports help us identify and prevent abuse and misbehavior. Please use the reporting tools responsibly and only for their intended purposes.
Violating our community policies can result in action against your account or content
These policies apply to all members. Depending on the severity of violation, we may limit the visibility of certain content or remove it entirely. If you believe a particular item of content was removed in error, you can appeal from the link provided in the removal notice. Repeated or severe offenses can result in a temporary or permanent restriction from Famark Community. If you believe action taken on your account was in error, you can submit a request to appeal your case.
We require every member to be civil and respectful as they engage on Famark Community.
Do not be hateful: We don’t allow content that attacks, denigrates, intimidates, dehumanizes, incites or threatens hatred, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, or disability status. Hate groups are not permitted on Famark Community. Do not use racial, religious, or other slurs that incite or promote hatred, or any other content intended to create division.
Do not engage in unwanted advances: We don’t allow unwanted expressions of attraction, desire, requests for a romantic relationship, marriage proposals, sexual advances or innuendo, or lewd remarks. Do not use Famark Community to pursue romantic connections, ask for romantic dates, or provide sexual commentary on someone’s appearance.
Do not harass or bully: We don’t allow bullying or harassment. This includes abusive language, revealing others’ personal or sensitive information (aka “doxing”), or inciting or engaging others to do any of the same.
Do not threaten, incite, or promote violence: We don’t allow threatening or inciting violence of any kind. We don’t allow individuals or groups that engage in or promote violence, property damage, or organized criminal activity. You may not use Famark Community to express support for such individuals or groups or to otherwise glorify violence.
Do not share harmful or shocking material: We don't allow content that is excessively gruesome or shocking. This includes content that is sadistic or gratuitously graphic, such as the depiction of severe physical violence. We don’t allow content or activities that promote, organize, depict, or facilitate criminal activity. We also don’t allow content depicting or promoting instructional weapon making, drug abuse, and threats of theft. Do not engage in or promote non-consensual sexually explicit content (e.g., revenge porn), escort services, prostitution, exploitation of children, or human trafficking. Do not share content or activities that promote or encourage suicide or any type of self-injury, including self-mutilation and eating disorders. If you see signs that someone may be considering self-harm, please report it.
Do not post terrorist content or promote terrorism: We don’t allow any terrorist organizations or violent extremist groups on our platform. And we don’t allow any individuals who affiliate with such organizations or groups to promote their activities. Content that depicts terrorist activity, that is intended to recruit for terrorist organizations, or threatens, promotes, or supports terrorism in any manner is not tolerated.
We require you to use your true identity on Famark Community, provide accurate information about yourself or your organization, and only share information that is real and authentic.
Do not share false or misleading content: Do not share content in a way that you know is, or think may be, misleading or inaccurate, including misinformation or disinformation. Do not share content to interfere with or improperly influence an election or another civic process. We may prevent you from posting content from sites that are known to produce or contain misinformation. Do not share content that directly contradicts guidance from leading global health organizations and public health authorities. Do not post content that denies a well-documented historical event such as the Holocaust or slavery. Do not share false content or information, including news stories, that present untrue facts or events as though they are true or likely true. Do not post “deepfake” images or videos of others or otherwise post content that has been manipulated to deceive. Do not share content or endorse someone or something in exchange for personal benefit (including personal or family relationships, monetary payment, free products or services, or other value), unless you have included a clear and conspicuous notice of the personal benefit you receive.
Do not create a fake profile or falsify information about yourself: We don’t allow fake profiles or entities. Do not post misleading or deceptive information about yourself, your business, your qualifications, work experience, affiliations, or achievements. Do not use an image of someone else, or any other image that is not your likeness, for your profile photo. Do not associate yourself on Famark Community with a business or organization that you are not actually associated with. Do not use or attempt to use another person's Famark Community account or create a member profile for anyone other than yourself. And do not share your Famark Community account with anyone else.
Do not engage in spam or scams: We don’t allow untargeted, irrelevant, obviously unwanted, unauthorized, inappropriately commercial or promotional, or gratuitously repetitive messages or other similar content. Do not use Famark Community to sensationalize or capitalize on tragic events for commercial purposes. Do not use our invitation feature to send promotional messages to people you don’t know or to otherwise spam people. Please make the effort to create original, professional, relevant, and interesting content in order to gain popularity, instead of trying ways to artificially increase the number of views, re-shares, likes, or comments. Respond authentically to others’ content and don’t agree with others ahead of time to like or re-share each other’s content.
We require content to be professionally relevant and on topic, such as sharing and gaining expertise; hiring and getting hired; teaching and acquiring new skills; and engaging in actions that allow you and others to be more productive and successful.
Do not share content containing sexually explicit material or language (some adult content may be allowed if the intent is clearly educational, medical, scientific, or artistic, and it’s not gratuitously graphic).
Do not interact with others or share content in a way that’s irrelevant, inappropriate, disrespectful, or otherwise inflammatory.
Do not share junk mail, spam, chain letters, phishing schemes, or any other scams are also prohibited.
Respect others’ rights and follow the law
Before sharing or using someone else's copyrighted works, trademarks, private information, or trade secrets, make sure you have the legal right to do so. Famark Community should not be used for illegal activities, promoting illegal products, or violating the rights of others. Don't use it to commit fraud or to try to trick others, or to intentionally distribute viruses, worms, or other software that can destroy or interrupt others' data or computer devices.
Respect others' privacy: You may not solicit email addresses or other personal information from Famark Community members you don't know without authorization; use, disclose or distribute on Famark Community any data obtained in violation of any of our policies or agreements; disclose information that you don’t have the right to disclose (such as personal or confidential information of others, including your employer); or post or distribute content depicting children without the necessary consent from their legal guardian or parent. Don’t use others' names, likenesses, or photos to suggest an endorsement of a product, service, or investment without their prior consent.
Comply with the law: You must comply with all applicable laws, including, for example, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. Do not use Famark Community to create or operate a pyramid scheme, engage in fraud, or to sell or promote illegal products, including drugs.
Respect the intellectual property of others and do not violate the intellectual property rights of others: We respect the intellectual property rights of others. Do not violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license.
Respect Famark’s rights
Do not violate the rights of Famark. For more information about what this means, see our User Agreement. It’s not okay to suggest you’re affiliated with or endorsed by Famark when you’re not. Don’t violate our intellectual property rights, scrape Famark, or interfere with or disrupt the platform.
Unauthorized access and use: Access Famark only in the manner that we expressly authorize, for the tasks that it is intended for. Do not access Famark except through the interfaces intentionally provided by us, such as its mobile applications and famark.com.
Interference with Famark: Do not interfere with the functionality of, or our rights in, the Famark service. Do not remove any copyright, trademark, or other proprietary rights notices contained in or on any Famark service.
Respect our rules: You must follow the spirit and letter of our rules, agreements, and policies. Do not violate any additional terms concerning the specific Famark services that are provided when you sign up for or start using such services.