Cookie Policy

 

 

We’ve moved this section to our Privacy Center. Please visit our Privacy Center view Zingo’s Cookie Policy.

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Privacy Policy

 

 

We’ve moved this section to our Privacy Center. Please visit our Privacy Center to view Zingo’s Privacy Policy.

 

Your California Privacy Rights

 

 

By availing yourself of the rights afforded in this section of our Privacy Policy, you are declaring that you are a California resident: 

Other residents: You may make a verified request to Zingo regarding your Personal Data. While Zingo does not sell your Personal Data, you can nonetheless make a formal request to delete your Personal Data held by Zingo. This process is detailed in Section 10 of our Privacy Policy, which also describes the designated address information for making requests to Zingo regarding your Personal Data.

The Right to Know Your Personal Data

You have the right to request that we disclose the Personal Data we collect, use, disclose and “sell” (we explain this term further in Section 13.2, below) about you. For more information on how to exercise this right, please see Section 10 of our Privacy Policy.

The following sections of our Summary of Zingo’s Privacy Policy explain the categories of Personal Data we collected over the past twelve (12) months (section 3), why we collected this information (section 4), and the third parties with which we shared it (section 5). 

We also cover these topics more expansively in our Full Privacy Policy: sections 2.1-2.3 explain the categories of Personal Data we collect; sections 4, 5, and 9 explain the purposes for which we use your Personal Data; and sections 4.12 – 4.16, 8, 9 and 11 explain our disclosure of your Personal Data to third parties.

The Right to Opt-out of the Sale of Your Personal Data

To learn more about Zingo’s approach to California’s “Do not sell my personal information” requirement, why it applies to your use of our Site, and how you can exercise this right, please go to https://www.Zingo.com/legal/ccpa-dns. There, we explain how California has defined as “sales” under the CCPA certain transfers of Personal Data between Zingo and its affiliates that are integral to the products and services we offer to our users. We do not “sell” your Personal Data in the traditional sense. More information on Zingo’s affiliates and our inter-affiliate transfers can be found in our Privacy Center at https://hrtechprivacy.com/.

California’s “Shine the Light” law (Civil Code section 1798.83) also permits California residents once per calendar year to request and receive information about a business’ disclosure of certain categories of Personal Data to other companies for direct marketing purposes. If you are a California resident and a user of our Site, you can request a copy of this information from Zingo by sending an email to privacy-dept @ Zingo.com (remove spaces). Please include your name and email address with your request. Zingo reserves the right to request additional Personal Data from you to confirm your identity before responding to this request. 

The Right to Non-Discrimination for Exercising Your Privacy Rights

We will not discriminate against you for exercising any of your rights under the CCPA.

 

Privacy FAQ

 

 

For more information on Zingo’s approach to privacy, please visit our Privacy FAQ.

 

Introduction to Zingo's Terms and Services

 

 

Each time you access or use Zingo’s online and/or mobile services and websites, including but not limited to any Zingo mobile application and browser extension or plugin (collectively the “Zingo Apps”), regardless of where it is downloaded from, and any software, service, feature, product, program and element provided by or on behalf of Zingo on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

Any references to “Zingo” or “we” in this Agreement shall mean the applicable entity as set forth above.

*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.

The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”), and by individuals and/or organizations seeking to participate in the Zingo Publisher Program (“Publishers”). Zingo may also act as an employment agency on behalf of Employers who purchase such services, through its affiliates such as Zingo Hire, Inc. and Zingo Hire Singapore. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

Please note that Zingo and its affiliates are directly or indirectly owned by a publicly traded Japanese parent company, Recruit Holdings Co., Ltd.

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Please view our full Modern Slavery Act statement for more details.

You can view the Zingo India Operations Private Limited Corporate Social Responsibility Policy.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Zingo through the Site, or otherwise made available to you by Zingo. By accessing or using the Site or any Zingo product, program, or service, you agree to be bound by the Zingo Terms of Service, including the “Terms of Service for All Users,” any additional terms and conditions posted by Zingo through the Site or otherwise made available to you, and:

• If you access or use the Zingo Ads Program, you are agreeing to be bound by the Zingo Ads Program Terms

• If you access or use the Zingo Resume Search Program, you are agreeing to be bound by the Zingo Resume Search Program Terms

• If you access or use Zingo Targeted Ads, you are agreeing to be bound by the Zingo Targeted Ads Terms

• If you access or use the Zingo Assessments, you are agreeing to be bound by the Zingo Assessment Terms

• If you access or use the Zingo API(s), you are agreeing to be bound by the Zingo API Terms

• If you access or use the Zingo for Chrome Extension, you are agreeing to be bound by the Zingo Chrome Terms

• If you access or use the Zingo Hiring Events, you are agreeing to be bound by the Zingo Hiring Events Terms

• If you access or use the Zingo Hiring Platform, you are agreeing to be bound by the Zingo Hiring Platform Terms

• If you access or use the Zingo IQ Tool, you are agreeing to be bound by the Zingo IQ Tool Terms

• If you access or use the Zapinfo service, you are agreeing to be bound by the Zapinfo Terms

• If you access or use the Zingo Business Perks Program, you are agreeing to be bound by Zingo Business Perks Participant Terms

• If you access or use the Zingo Publisher Program, you are agreeing to be bound by the Zingo Publisher Program Terms

• If you access or use any Zingo Beta Product, you are agreeing to be bound by the Beta Terms of Service.

• For all other uses of the Site, you are agreeing to be bound by the Zingo General Terms of Service.

• For more information on Zingo’s Terms, please see our Zingo Terms FAQ.

 

Zingo General Terms of Service

Last Updated: September 16, 2021

 

 

 

A. Terms of Service for Job Seekers

 

 

1. Job Ads or Job Listings

Zingo may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through Zingo’s search results or otherwise through the Site. Searching for Job Ads on Zingo is free for Job Seekers. Job Ads are created and provided by third parties over whom Zingo exercises no control; you acknowledge and understand that Zingo has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although Zingo endeavors not to make such Job Ads available on the Site. If you leave the Zingo Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Employer websites may have conversion trackers or use APIS and other functionality provided by Zingo, which informs us that an application has been completed on an Employer site. An Employer who installs such functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that Zingo has no control over such an Employer or its website. You agree to Zingo’s use of, and receipt of information from, any such conversion tracker functionality. Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Zingo has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result for any or no reason. You understand and agree that Zingo has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Zingo assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments. Additionally, Zingo may provide search options to narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Zingo, and may not directly or accurately reflect the content of the Job Ads. Zingo may reformat Job Listings so that you may read them more clearly on a mobile phone. Placement of a Job Ad on a certain page (for example, on Zingo Gigs) is not a representation regarding the nature of the role for legal purposes. While Zingo may in some circumstances be compensated by employers who post Job Ads, helping keep Zingo job search free for Job Seekers, all Job Ads are considered advertising. Zingo displays Job Ads based on a combination of employer bids and relevance, such as search terms, and other information provided and activities conducted on Zingo. You are not permitted to use Zingo’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the Zingo General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. Zingo may provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. Zingo cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.

2. Resumes, Profile, and Recommended Jobs

By creating a public resume through the Site (“Zingo Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing Zingo to make available Your Resume to third parties, such as Employers, that Zingo believes may have an interest in Your Resume. If you do not want Zingo to make available Your Resume to third parties or if you do not want Employers to contact you, set your Zingo Resume and uploaded file resume to private. Setting Your Resume to private will not affect your previous applications or prevent employers you responded to from contacting you. You can read more about resume privacy here.

By creating an Zingo Resume or uploading a file resume on Zingo, Zingo may share with you Job Ads that match the contents of Your Resume. Zingo may also highlight to you items in Your Resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from Your Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where Zingo highlights items or a Job Ad is shared with you, Zingo assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By creating or uploading Your Resume, you are requesting and authorizing Zingo, or an Zingo vendor, to review or scan Your Resume and provide you feedback (in Zingo’s discretion), including suggested changes. Zingo assumes no responsibility and disclaims all liability for any changes you make based on any provided feedback. Zingo assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. By uploading a file resume on the Site, you agree that Zingo may convert your file resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Zingo to do so. It may take a few days for updates to your account or resume to be reflected. To mitigate fraud, Zingo may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your Resume or application and may substitute it with an alias. Zingo makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in Zingo’s sole discretion. Zingo reserves the right to limit your ability to set Your Resume to public, and may toggle a public resume to private, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in Zingo’s discretion. 

If you have an Zingo account, an Zingo Resume, or an uploaded file resume, you agree that Zingo may associate Your Resume data with your profile on Zingo (“Zingo Profile”). Your Zingo Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your Zingo Resume, your scores on any Zingo Assessments you may have taken and any information in the “About me” section, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your Zingo Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want Zingo to make your Zingo Profile available to third parties or if you do not want Employers to contact you, set your Zingo Resume and uploaded file resume to private or remove Your Resume. Your response to an Zingo Assessment will be associated with your Zingo Profile. You may choose whether your Zingo Assessment response is available to Employers viewing your Zingo Profile. You can enable the ready to work feature on your profile to let Employers know that you can start work immediately. After 60 days, we will automatically remove that feature from your profile, but you can manually enable it again.

Zingo may also automatically send you recommended jobs via the email address you use to create an Zingo account or apply to a job. Zingo may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in Your Resume), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Zingo.

3. Applying to Jobs Through Zingo

Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“Zingo Apply”), is subject to this Agreement (including Section D.3.) and to Zingo’s Privacy Policy. Once you provide information to an Employer (whether in the form of a job application, resume, email, or otherwise), Zingo does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. (All references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Zingo”, “RSVP to hiring event” or any similar references mean “Zingo Apply.”) Zingo may use your application materials to determine whether you may be interested in a Job Listing, and Zingo may reach out to you about such Job Listing. Zingo may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, Zingo in its sole discretion may impose limits on your ability to apply to Job Listings or to other Zingo services. In addition, when you indicate your interest in a Job Listing through Zingo Apply or by RSVPing to a hiring event you are sending your resume and application information to Zingo, and you are requesting and authorizing Zingo to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Zingo to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via Zingo Apply or Zingo’s relay system, or store such application, you understand that this is without warranty, and that Zingo reserves the right to reformat such application or message.

You acknowledge and agree that Employers may request that Zingo assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to Zingo into one document, and you agree that in doing so, Zingo assembles these application materials on your behalf. When you apply for a job on Zingo you agree to Zingo’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Zingo being processed and analyzed by Zingo according to this Agreement and Zingo’s Privacy Policy.

When you apply to a job using Zingo Apply, Zingo will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Zingo also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, Zingo may alert you when any of the above events occur. Please note that Job Ads may expire between the time you submit your application and from the time it is received. Zingo has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on Zingo, do not use the Zingo Apply or Zingo relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through Zingo. By using the Zingo Apply system, you fully consent to the above.

If you require alternative methods of screening or application you must approach the Employer directly to request such as Zingo is not responsible for the Employer application process.

By using Zingo, you agree that Zingo is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that Zingo does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Zingo does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. Zingo cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Zingo may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and Zingo does not guarantee that updating a resume or application will result in any job offer. Zingo does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Zingo cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. Zingo recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Zingo does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

Zingo may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. Zingo cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Zingo bears no responsibility for doing so. Zingo makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

Zingo may use your application materials (including resumes and responses to screener questions) and the recency of your activity on Zingo to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that Zingo may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Zingo may also use such information in order to improve the Site or any other Zingo product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). Zingo may also highlight to you items in your prior application materials (including items in your resume and past responses to screener questions) that may match qualifications from the Job Listing, or highlight to you items that appear in the Job Listing that may not match your application materials. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Listings does not guarantee job interviews or hiring. Even where Zingo highlights items or a Job Listing is shared with you, Zingo assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights.

By using Zingo Apply and answering screener questions, you acknowledge that Employers may have instructed Zingo to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that Zingo has no discretion in the transmission of these rejections. Zingo may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Zingo to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to Zingo their interest in your application. You acknowledge and agree that Zingo has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on Zingo within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by Zingo (for example, calling or emailing you directly instead of through an Zingo Relay Service) are not visible to Zingo, and would not by themselves prevent an Employer Assist rejection notice from being sent.

When you search for jobs on the Zingo Job Search app and proceed to apply for a job, including jobs on third party sites, Zingo may suggest information from your Zingo profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application. 

For Job Seekers located in Japan, you acknowledge that when contacted by Zingo, presented as Zingo Hire (hereinafter referred to as “Zingo Hire Japan”), Zingo is acting as an employment placement business provider (as defined under applicable law). Zingo Hire Japan offers the services in accordance with these terms and the rules set forth in its website. Zingo Hire Japan will only send you Job Listings that Zingo Hire Japan determines may be of interest to you. You may also end your relationship with Zingo Hire Japan at any time.

4. Communications and Other Actions on the Site

When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, Zingo may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Zingo product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Zingo may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. Zingo may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online or active on Zingo, and you hereby consent to Zingo taking such actions.

If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.

Zingo may offer you the opportunity to receive a text message interview reminder from Zingo when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the Zingo consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. Zingo will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. Zingo only calls the number that you generated and stored when you provided your number to Zingo. In the event you change your phone number, you agree to promptly update your Zingo account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with Zingo and that Zingo may send you text messages in connection with that relationship. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.

Zingo may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by Zingo. Your standard calling rates with your phone provider will apply.

You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, Zingo Apply, Zingo Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through Zingo. Zingo disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Zingo may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that Zingo is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Zingo policies, content moderation, and to improve the Site or any other Zingo product or service.

Zingo may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. Zingo is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.

Zingo reserves the right to turn on or enable Zingo Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that Zingo Chat or other communication options are available for a particular job or Employer. For Zingo Chat, you may access or view your messages by visiting your Zingo Chat messages dashboard. Zingo may, in its sole discretion, turn off or disable Zingo Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using Zingo Chat to communicate with an Employer, Zingo will deliver your messages as instructed by the Employer.

5. Virtual Communications

Employers may offer you the opportunity to participate in virtual and remote communications using Zingo products, including but not limited to, Zingo Interview, Zingo Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that Zingo is not a telecommunications service provider and that Zingo is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. Zingo does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. Zingo is not liable for any claims arising out of your use of Virtual Interviews and you release Zingo from any such claims.
You understand that Zingo does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.

YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT ZINGO IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. ZINGO ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT ZINGO DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

6. Zingo Assessments

Zingo Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site. Employers may use the Zingo Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the Zingo Assessments platform to review the Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment.

An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed Zingo to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that Zingo has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.

You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that Zingo does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. You further agree that Zingo is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer. Zingo may provide a means by which you may request such an alternative method or other accommodation from the Employer; Zingo does not guarantee the Employer’s receipt of, or response to, any such request. While Zingo is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Zingo does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

Zingo does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on Zingo. Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), Zingo cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your Zingo Profile or for another job application.

Zingo may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your Zingo Profile. You may choose whether the Response is available to Employers viewing your Zingo Profile, though Zingo will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.

As a Job Seeker, you consent to your Responses, applications, and any other communications sent through Zingo Assessments being processed and analyzed by Zingo according to this Agreement and Zingo’s Privacy Policy. You are requesting and authorizing Zingo to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by you) to any Employer viewing Your Zingo Profile. You understand that this is without warranty, and that Zingo reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Job Seekers. Zingo may aggregate the results of all Job Seeker-selected Assessments for the purpose of displaying the percentile for Your Response. You also acknowledge that once you have requested that Zingo transmit your Response to an Employer, that request cannot be canceled. Zingo does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Zingo may alert you when any of the above events occur.

As a Job Seeker, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site Rules.

Zingo does not act as an employment agency by offering the Zingo Assessments tool. By using Zingo Assessments, you acknowledge and agree that Zingo is not procuring employees for Employers or procuring opportunities to work for Job Seekers. Zingo merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Zingo Assessments, is solely with Employers or Job Seekers as applicable.

As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.

Zingo is not a third party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not Zingo receives a fee from the Employer in connection with the transaction. Zingo will not be liable for any costs or damages arising out of or related to such transaction.

Zingo assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Zingo Assessments tool, and any Assessment or Response.

7. Salary, Career, Hiring and Other Information Provided by Zingo

Zingo may provide some information and content to users for informational purposes only. For example, Zingo may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by Zingo is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Zingo may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Zingo, including from Zingo affiliates. These figures are given to Zingo users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Zingo may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. Zingo assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Company Page. Please contact the employer for the most accurate and up-to-date company information.

Similarly, career-related or hiring-related information provided by Zingo is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services (unless otherwise expressly noted by Zingo in services such as Zingo Hire in Japan). You understand that Zingo may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Zingo is not acting as a job placement agency or staffing firm (unless otherwise expressly noted by Zingo in services such as Zingo Hire in Japan). You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, Zingo may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

Zingo may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of Zingo and that Zingo is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. Zingo does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, Zingo will have no liability arising from any discussion you have with such a third party.

8. Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and Zingo knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Zingo, information you provide directly to Zingo including desired salary, or past experience, or any information in your Zingo Profile, or any of your other behavior on the Site or information provided. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. If you have an Zingo account or a Job Seeker Resume, you agree that Zingo may associate this data with your Zingo Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Zingo. You also agree that Zingo may contact you based on this observed behavior or provided info on behalf of Employers or Zingo itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, Zingo may publicly display the fact that you have recently used the Zingo Site to correspond with a third party. In addition, if you set Your Resume to public, this means that Zingo may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set Your Resume to private. When you make changes to your Zingo Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.

In addition, you may have the opportunity to provide Zingo with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By choosing to provide your Demographic Information, you agree that Zingo may use it to evaluate and improve our products, and share aggregate summaries of job seeker information with employers. If you do not want your Demographic Information to be used in this way, do not provide it to Zingo (or, if you have already provided your Demographic Information to Zingo, you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker. 

9. Screening Tools

Zingo may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. Zingo is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by Zingo. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While Zingo is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Zingo does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.

10. Zingo Hiring Platform

Zingo Hiring Platform is a platform designed to automate and streamline Employer hiring and employment decision-making processes by allowing users access to various products such as Zingo Interview, or related services (“Zingo Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by Zingo Hiring Platform. You acknowledge and understand that Employers select the method and manner that Zingo Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts.YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES ZINGO AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF ZINGO HIRING PLATFORM OR SIMILAR PRODUCTS. ZINGO DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW.  Zingo has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that Zingo is not an employment agency by offering Zingo Hiring Platform and related tools. By using Zingo Hiring Platform, you understand that Zingo is not procuring employees for Employer or opportunities for Job Seekers. Zingo merely provides Zingo Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.

11. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

12. Class Action Waiver

By using the Site and in return for the services offered by Zingo, you acknowledge that Zingo can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Zingo as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Zingo regarding your use of the Site. Additionally, as a Job Seeker, your use of job search on the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.

 

B. Terms of Service for Employers

 

 

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the Zingo General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

1. Employer Accounts

When you create an Zingo account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the Zingo Ads Program or otherwise, you agree that this Agreement, the terms associated with any Zingo service you are using, and all of Zingo’s policies, including the Zingo Privacy Policy and Cookie Policy, apply to you.

As an Employer, your account is for business use and not for personal use. Zingo is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Zingo account, you agree to receive mandatory email updates regarding anomalous activity to your Zingo account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, including but not limited to accessing account data or purchasing services from Zingo under such account. If you are an Admin adding a user to a Role or several Roles, you represent to Zingo that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Zingo from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. You agree that Zingo assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase Zingo products under your account, and you agree that you are responsible for the payment of all such purchases made.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Zingo party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Zingo party identified in the first paragraph of this Agreement with respect to such new territory.

If your Zingo employer account has a credit card on file to pay for one Zingo product or service, Zingo may charge that card for any additional products or services you order.

You agree that Zingo may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. Zingo cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Zingo bears no responsibility for doing so. Zingo makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

Zingo may offer suggestions, recommendations, or information to users that may support or improve their experience on Zingo Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, and whom you interview or hire. Zingo assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Zingo.

2. Employer Services Including Zingo Apply and Screener Questions

You also agree that, as a service to Job Seekers, Zingo may activate its Zingo Apply relay function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Zingo Apply, and that Zingo will send applications to the email address you provide us with. You also agree that Zingo may activate a chat bot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use Zingo candidate management tools, including but not limited to your Employer Dashboard, or by activating the Zingo Apply relay function for your Job Listings, you acknowledge and agree that Zingo may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that by using such candidate management tools, you are instructing Zingo to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to Zingo into one document. You further agree that Zingo is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to Zingo and requesting and authorizing us to make available such information to the applicable Job Seeker. For example, when you choose whether a qualification is preferred or required (including marking it as a deal breaker), this information may be highlighted to Job Seekers. Additionally, you consent to any information shared through Zingo being processed and analyzed by Zingo according to this Agreement and Zingo’s Privacy Policy. Zingo may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your emails, application form, screener questions or their format, Company Pages that you create, any Job Listings that you post, and any messages that you send through Zingo Apply or otherwise, and agree that Zingo is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that Zingo may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. Zingo further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through Zingo’s relay functions, do not use the Zingo relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the Zingo Apply function, Zingo will attempt to send applications to the contact information provided to Zingo by you, however, Zingo has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Zingo for any damages resulting therefrom.

When you use the Zingo Apply relay function for your Job Listings, you acknowledge and agree that Zingo may add functions into the corresponding Zingo Apply emails. For example, Zingo may mask or hide contact information, such as email addresses, from resumes or applications and may substitute it with an alias. In addition, Zingo may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Zingo may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct Zingo to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that Zingo has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use Zingo’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that Zingo has no discretion in the transmission or storage of rejection notices.

You agree that Zingo may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. Zingo does not verify the identity of any Job Seekers who apply to your job listing, nor does Zingo know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that Zingo Apply and Zingo’s relay functions are presented to you without warranty and Zingo assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.

By using any automated phone screen product, you agree that you are requesting Zingo to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Zingo. You also agree that you are only asking Zingo to record the Job Seeker’s answers to your screening questions and that Zingo will forward you the recording of the answers to your questions. You consent to Zingo listening to and analyzing the recording in accordance with Zingo’s Privacy Policy. Zingo disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Zingo may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Zingo’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Zingo product, Zingo reserves the right to suspend or terminate your use of that Zingo product as well as any other Zingo product, including but not limited to those Zingo products where you do not have an unpaid invoice or account balance. Zingo may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Zingo incurs collecting such late payments.

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Zingo may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Zingo product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, Zingo may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to Zingo taking such actions.

Zingo, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on Zingo”. Employers may also request that Zingo add such labels. Zingo shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that Zingo does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and Zingo does not guarantee the accuracy of such data.

If you access or use any Zingo Application Programming Interface (API), including accessing and using the Site or any of the Zingo Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, the Zingo API Terms, Zingo Privacy Policy, the Site Rules, and any additional rules and policies made available by Zingo. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT ZINGO DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY ZINGO API. It is your responsibility to regularly review any Zingo App or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about Zingo’s products and services. By using an API, rather than directly using the Site or an Zingo App, you agree to all information provided on the Site or an Zingo App. Use of an Application or ATS via an API, rather than direct use of the Site or an Zingo App, shall not excuse any lack of information or understanding about Zingo’s products and services where that information is otherwise provided on the Site or an Zingo App.

3. Job Match

Zingo may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on Zingo to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that Zingo may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. Zingo may also use such information in order to improve the Site or any other Zingo product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

4. Salary, Applies or Other Information Provided by Zingo

Zingo may provide some information and content to users for informational purposes only. For example, Zingo may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by Zingo are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are participating in the Zingo Ads Program, please note that this is not the information you are purchasing from Zingo and you are not charged per apply. Zingo may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Zingo, including from Zingo affiliates. These figures are given to Zingo users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Zingo may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and Zingo does not guarantee their accuracy. Zingo reserves the right to change the method of measuring such figures at any time.

5. Screening Tools

Zingo may make available to you  screening tools for your use during the application process, including screener questions, phone screen tools and assessments. Zingo is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Zingo, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Zingo. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While Zingo is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Zingo does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify Zingo for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact”.

Zingo may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Zingo to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on Zingo. Any interactions you have directly with a Job Seeker and not through a tool provided by Zingo (for example, calling or emailing a Job Seeker directly instead of through an Zingo Relay Service) are not visible to Zingo, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by Zingo to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist you agree that you are instructing Zingo to send these messages to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify Zingo from any claims arising therefrom. You further agree that Zingo may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.

6. Communication through Zingo

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site, Zingo Apply, Zingo Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through Zingo. Zingo disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Zingo may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Once a Job Seeker has your contact info, you agree that Zingo is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Zingo policies, content moderation, and to improve the Site or any other Zingo product or service.

Specifically, if you post a Job Listing directly on Zingo, applications are sent only to your Zingo dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your Zingo dashboard. Zingo reserves the right to turn on or enable Zingo Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that Zingo Chat or other communication options are available for a particular job or Employer. For Zingo Chat, you may access or view your messages by visiting your Zingo Chat messages dashboard. If you do not wish to use Zingo Chat, you may turn it off by visiting your Zingo Chat dashboard. Zingo may, in its sole discretion, turn off or disable Zingo Chat for any Employer or Job Seeker at any time without prior notice.

7. Virtual Communications 

Zingo may offer you the option to manage virtual and remote communications with Job Seekers within Zingo products, including but not limited to, Zingo Interview, Zingo Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party telecommunications service providers. You understand that Zingo is not a telecommunications service provider. Zingo disclaims all warranties with regards to the transmission of virtual communications. Zingo does not guarantee (1) availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Job Seekers for your Virtual Interview. Further, Zingo does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.

YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT ZINGO IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. ZINGO ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT ZINGO DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

Upon your request, Zingo may extend invitations to additional representatives at your company to join in Virtual Interviews. You understand and agree that Zingo will extend such invitations on your behalf based on the email addresses you provide for those representatives but Zingo is not responsible for inaccuracies in the contact information you provide. Further, Zingo is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to Zingo’s Terms, and by extending invitations to your representatives, you are binding them to Zingo’s Terms.

You understand that Zingo is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. Zingo is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. Zingo does not access, record, store, or analyze video content you may conduct using third-party providers. You agree that you will not record, store, or analyze Virtual Interviews without express permission from Job Seekers and will only do so in accordance with all applicable laws, including state and federal. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.

8. Company Pages

When you post a Job Ad directly on Zingo or submit a request for a landing page on Zingo, such as Zingo Next, Zingo may automatically generate for you a Company Page. You understand that Zingo may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize Zingo to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Zingo may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Zingo as well as those indexed by Zingo. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. 

Zingo may additionally offer Zingo Company Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. Zingo reserves the right to change or remove these features at any time, in Zingo’s sole discretion. Additionally, these features may include analytics or other figures, which Zingo does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. You may cancel your participation in Zingo Premium Company Pages Program at any time by notifying Zingo. Such cancellation is generally effective at the beginning of the next calendar month; if you have prepaid for an annual subscription then cancellation is effective immediately and Zingo will provide a prorated refund of the unused subscription term, which may include any discounts as applicable. All Company Pages Premium monthly subscriptions will automatically renew until cancelled by you. Annual subscriptions will need to be renewed each year. You are responsible for all taxes as applicable and appropriate.

9. Zingo Academy

If you or anyone at your company is a member of Zingo Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Zingo, working for Zingo, or in any form of co-employment or contractor relationship with Zingo. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Zingo, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Zingo may remove you from Zingo Academy in its sole discretion.

10. HR Management Tools

Zingo may make HR management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while Zingo is only providing the HR Management Tools for your and your employer’s use, and that Zingo accepts no responsibility for such use. Zingo does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.

11. Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of England and Wales if you are supported primarily by Zingo’s UK office; the laws of France if you are primarily supported by Zingo’s office in France; the laws of Italy if you are primarily supported by Zingo’s office in Italy; the laws of Italy if you are primarily supported by Zingo’s office in Italy; the laws of Ontario, Canada if you are primarily supported by Zingo’s offices in Canada; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Zingo’s UK office; Paris, France, if you are supported primarily by Zingo’s office in France; Milan, Italy, if you are supported primarily by Zingo’s office in Italy; Province of Ontario, if you are supported primarily by Zingo’s offices in Canada; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Zingo’s UK office; Paris, France, if you are supported primarily by Zingo’s office in France; Milan, Italy, if you are supported primarily by Zingo’s office in Italy; Province of Ontario, if you are supported primarily by Zingo’s offices in Canada; or Dublin, Ireland, if you are located elsewhere.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Zingo. If you intend to propound discovery seeking user information from Zingo Inc., you agree to do so pursuant to a valid federal, Texas or Texas domesticated request, addressed to and properly served at our registered agent in Texas at Zingo, Inc., c/o CT Corporation, 1999 Bryan Street, Suite 900, Dallas, TX 75201. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

12. Class Action Waiver

By using the Site and in return for the services offered by Zingo, you acknowledge that Zingo can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Zingo as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Zingo regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.

13. Extended Campaign Tools

Zingo may offer a service to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations, such as Zingo Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your job ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that Zingo contact its franchisees or local offices, respectively, by providing Zingo with contact information, and may provide the content of Job Ads to Zingo for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to Zingo is accurate, and ii) you have all necessary right and authorization to provide such information to Zingo and to permit Zingo to share it in connection with Extended Campaign Tools. You may request that Zingo grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, Zingo will contact the users based on the information you provide (name, email address, and job title) and that Zingo is not responsible for verifying the users prior to completion of such requests.

14. Candidate Import

Zingo may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service) to upload information about job applicants to Zingo and to interact with these individuals and direct Zingo to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information You provide or otherwise make available to Zingo through our Candidate Import service includes Client Personal Data, you instruct Zingo to process such information on your behalf pursuant to this Agreement and any applicable Data Processing Addendum; Client Personal Data and Zingo as used in this sentence shall have the meanings given to them in the Data Processing Addendum. By using Candidate Import, You represent and warrant that you, and any third party who you have authorised to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection law for You to provide or otherwise make available Client Personal Data to Zingo using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to Zingo using Candidate Import has exercised any right or made any request to You that would prevent or otherwise limit your ability to share such individual’s Personal Data with Zingo for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with Zingo (in accordance with Zingo’s Terms and Privacy Policy) and that Zingo may contact them over email as part of your hiring process, including requesting them to create an account with Zingo. You agree to defend and indemnify Zingo for any breach of the foregoing sentence. You also agree that Zingo is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by Zingo  and you are responsible for such Client Personal Data up until such receipt by Zingo.

 

C. Terms of Service for Publishers

 

 

The following Zingo Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the Zingo Publisher Program (the “Program”), or that otherwise indicates its acceptance of these IPP Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “Zingo” shall mean Zingo, Inc. The Program, as generally offered by Zingo, is described in our Publishers Information page  or such other URL as Zingo may provide from time to time. For purposes of this Section C of the Zingo General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.

1. Zingo Publisher Program

Zingo shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Zingo Affiliate Acceptable Use Policy (the “AAUP”). In order to participate as a Publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Zingo shall be true, accurate and complete.

Publisher acknowledges that by accessing the Site or participating in the Publisher Program, Publisher may come into contact with content (including User Content, as defined below) that it finds harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and Publisher acknowledges that Zingo shall have no liability with respect to such content.

2. Publisher Obligations

Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Zingo logos or other elements supplied by Zingo for use on Affiliates’ websites or websites co-branded by Zingo and Affiliate (collectively, “Program Elements”) may only appear on URLs that Zingo has reviewed and accepted for participation (“Accepted URLs”). However, please note that as of March 3, 2017, Job Search Box, links and insertion code will only be available to Publishers already a part of the IPP, and as of March 31, 2017, Job Search Box, links and insertion code will no longer be available through IPP. Publisher shall advise Zingo of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Zingo from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by Zingo” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.Zingo.com or other Zingo website as agreed with Zingo and the word “Zingo” shall be the Zingo Logo Image and shall also be hyperlinked to http://www.Zingo.com or other Zingo website as agreed by Zingo. We provide the Zingo Logo Image online for your convenience.  

Publisher agrees to abide by all terms of the AAUP. Publisher is not permitted to use Zingo’s Site or its content other than for non-commercial purposes. Publisher agrees not to access (or attempt to access) the Site by any means other than through the interface that is provided by Zingo, unless it has been specifically allowed to do so in a separate, written agreement with Zingo. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping, crawling, reproducing, duplicating, copying, selling, trading or reselling) is prohibited. Publisher agrees that it is solely responsible for (and that Zingo has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these IPP Terms and for any consequences (including any loss or damage which Zingo may suffer) of any such breach.

Publisher agrees that it shall not transmit to Zingo or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for its own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Zingo reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If Publisher uses the Site, Publisher agrees to Zingo enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of Publisher’s account, of its access to Zingo’s message relay, or of its use of any other functions of the Site, with or without notice. Zingo shall not be responsible or liable for any such suspension or termination, including any consequences thereof. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that Zingo suspects to be malicious or spam, or for any or no reason. Zingo further reserves the right to conduct investigations to determine whether Publisher is perpetrating a scam, spamming Zingo or its users, or otherwise conducting fraudulent activity on Zingo by various means, including but not limited to investigating Publisher’s functionality by setting up profiles and names that belong to Zingo. Zingo reserves the right to turn over any information gathered via such investigations to the police or other third party if Zingo has a good faith belief that Publisher is using the Site in violation of these terms. As Zingo wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to Zingo’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by Zingo’s API, or other link mechanisms.

Zingo reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If Publisher wishes to make commercial use of the Site, if Publisher wishes to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if Publishes wishes to purchase Zingo services that utilize the Site, Publisher must have a prior written agreement with Zingo to do so, or have accepted Zingo’s online terms of service.

Zingo reserves the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason. Zingo also reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold Zingo harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that Zingo may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as Zingo on any site (which shall include bidding on Zingo’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Any marketing performed by Publisher must comply with all laws of the jurisdiction in which the marketing is conducted, including but not limited to email, text messaging and general advertising laws, and Publisher agrees to defend and indemnify Zingo from any third party action, claim, or demand against Zingo arising from any violation of those laws.

Zingo will not be treated as the publisher or speaker of any information provided by Publisher or by another information content provider. Zingo will also not be held liable on account of any action taken in good faith to restrict access or availability of material that it or its Users considered to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objection, whether or not such material is constitutionally protected or on account of any action taken to enable or make available to information content providers or others the technical means to restrict access to any such material described above.

Some areas of the Site, including areas that may permit Publisher to set up an Zingo account, requires Publisher to register or provide an email address. If Publisher so registers, it agrees to (a) provide true, accurate, current and complete information about Publisher as prompted by Zingo’s registration form (including Publisher’s email address) and (b) be responsible for the confidentiality and use of Publisher’s username and password, and not transfer or resell its use of or access to the Site to any third party. Please note that any individuals with whom Publisher has shared its username and password and who are able to answer verification questions about its Zingo account may receive access to information regarding Publisher’s Zingo account.

Publisher hereby grants Zingo permission to refer to Publisher and its websites in Zingo’s marketing materials, wherever such marketing materials shall appear.

3. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Zingo and subject to any cap amounts determined solely by Zingo) in relation to Program Elements displayed on Accepted URLs. PUBLISHER ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY ZINGO, IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY ZINGO IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Publisher also acknowledges and agrees that any billing and payment information that Publisher provides to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors, solely for the purposes of effecting payment to Publisher and servicing its account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Zingo shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Zingo or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. No dashboard or any other view of any click count shall be considered as contractually binding on Zingo. All commission amounts may be subject to an overall commission cap, in Zingo’s sole discretion, and subject to change at any time.

4. Qualifying Links

As of March 3, 2017, the below portion of the IPP will no longer be available to any new Publisher. As of March 31, 2017, the below portion of the IPP will no longer be available to any Publisher, including existing Publishers who are part of the IPP.

[Publisher may earn a commission, as determined by Zingo in its sole discretion, if Publisher refers a Qualified User (as defined below) to the Zingo Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Zingo Website and purchased a qualifying service (“Qualifying Purchase”) during a Session (as defined below). Not all services will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Zingo’s sole discretion. Zingo is under no obligation to pay any particular amount for any referral and it is in Zingo’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Zingo via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program.

A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to Zingo using a Program Element provided by Zingo for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at Zingo via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at Zingo’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables Zingo to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with Zingo, has not been previously “cookied” by Zingo and has not previously visited the Zingo Site, all as determined by Zingo in its sole and absolute discretion.

The parties acknowledge and agree that Zingo shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between Zingo and the Qualified User.]

As of March 31, 2017, the following will be the only available method for participation in the IPP:

[Publisher may earn a commission, as determined by Zingo in its sole discretion, if a user clicks on a Qualifying Link. A “Qualifying Link” is a link directing a user from the Publisher’s website or online property (“Publisher Property”) to a job using a Program Element provided by Zingo for use with the Program, such as pay-per-click advertising, Jobroll™, or job search results.]

Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups. The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Zingo in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by Zingo in its sole and absolute discretion.

5. Terms of Payment

Zingo shall pay Publisher within thirty (30) days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. Zingo may withhold any and all payment if Publisher is in breach of these IPP Terms and Zingo shall have no further liability to Publisher.

6. Termination

Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-Zingo dot com or other email address specified by Zingo in the case of Zingo, and to the email address specified in Publisher’s profile in the Program in the case of Publisher.

Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

7. Confidentiality

Publisher shall not disclose Zingo Confidential Information without Zingo’s prior written consent. “Zingo Confidential Information” includes without limitation: (a) all Zingo software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by Zingo; and (c) any other information designated in writing by Zingo as “Confidential” or an equivalent designation.

8. Indemnification

Publisher shall indemnify, defend and hold harmless Zingo, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of Publisher’s Program use, Publisher Property, site or Publisher Services, or breach of these IPP Terms.

9. Governing Law and Dispute Resolution

These IPP Terms and any dispute arising out of or in connection with these IPP Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

10. Class Action Waiver

By using the Site and in return for the services offered by Zingo, Publisher acknowledges that Zingo can only offer Publisher these services under the terms and conditions as presented herein. As partial consideration for Publisher’s use of the Site and these services, Publisher agrees not to sue Zingo as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Zingo regarding Publisher’s use of the Site. Additionally, as a Publisher, the use of the Site is at no charge and Publisher acknowledges that part of the price it is paying to use this Site is its acceptance of these terms of service including this Class Action Waiver. If Publisher does not agree to any part of these terms, Publisher should not continue use of the Site. Nothing in this paragraph, however, limits Publisher’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 9 above.

 

D. Terms of Service for All Users

 

 

The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section D of the Zingo General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.

1. Accessing External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Zingo is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, Zingo may provide you with links to third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Zingo.

For example, Zingo may provide you with access to a link on Zingo to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and Zingo is not a party to this contract. Please note (and you acknowledge) that Zingo cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other Zingo user. Zingo operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify and defend Zingo for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.

Pages on the Site may embed content and information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Information on Company Pages includes publicly available information and/or information provided by the respective company and/or may come from third parties. For example, data about companies located in Japan may come from Toyo Keizai Shinpo Inc.

Please note that while this Agreement describes Zingo’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you. For example, while some parts of this Agreement describe matching services, Zingo does not offer any matching services in Japan.

2. Using our Site

When you use the Site, you agree to Zingo knowing, processing, analyzing, storing, and recording any and all activities you take on the Site and any and all interactions and communications you have with, on, or through the Site, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Site you visit (including without limitation URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. Zingo collects data from users visiting our Site in private browsing mode, “incognito mode,” or similar modes. You agree that Zingo may use third-party vendors to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through our Site, and that such vendors’ activities are an extension of the Site. By using the Site you authorize Zingo and such vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that may be made in connection with the Site. The Site cannot work as Zingo intends it to work unless Zingo undertakes such activities. If you do not want your actions to be processed, analyzed, or recorded this way, do not use the Site.

Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Zingo reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Zingo services that utilize the Site, you must have a prior written agreement with Zingo to do so, or have accepted Zingo’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

Occasionally, Zingo may test improvements to our Site and services. Such tests may affect, but are not limited to, the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, and formatting. You agree that Zingo may conduct such tests, which are meant to improve the effectiveness of our services, without notice to you. You agree to pay all charges that appear in the applicable Insertion Order or other agreement during such tests.

Zingo may offer suggestions, recommendations, or information to users that may support or improve their experience on Zingo Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. Zingo assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Zingo.

3. User Content

Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to Zingo, including where it is stated that such materials may be posted on the Site or a third party website, including, but not limited to, mobile apps, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. Once updated by the user, it may take a few days for the change to User Content to be reflected. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Zingo does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of Zingo job search results pages may appear to be content produced by Zingo, but are actually a reproduction of user-generated search queries. Job Ads or other User Content may be reformatted or include words such as “Powered by Zingo”. Such content retains its status as User Content despite reformatting or addition of “Powered by Zingo” or a similar phrase. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Zingo shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Zingo may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Zingo reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Zingo has no obligation to do so, Zingo may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Zingo’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that Zingo deems in its sole discretion to be inappropriate. Zingo may limit your use of the Site, including but not limited to, your ability to contact other Employers or Job Seekers. If you believe that any User Content violates this Agreement or our policies, please contact Zingo immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that Zingo does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any Zingo policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on Zingo, will always remain within the sole discretion of Zingo. You agree that Zingo has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that Zingo is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.

Zingo reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Zingo may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. When you post on Zingo confidentially or otherwise (e.g. anonymous Company Reviews or a confidential Job Ad), your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.

Without limiting the generality of the foregoing, Zingo reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

4. License to User Content and Feedback

Only to the extent permitted by law, you grant Zingo a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Zingo website or its publishers or third party sites, maintaining the Zingo website and promoting Zingo and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with Zingo’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Zingo’s exercise of these rights, you hereby waive any and all rights to such compensation.

Furthermore, you grant to Zingo, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Zingo marketing materials containing or incorporating such User Content, or (iii) any actions by Zingo to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from Zingo’s exercise of its rights pursuant to the license granted hereunder.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Zingo and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Zingo to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Zingo for more details.

At your discretion, you may provide feedback and related materials to Zingo concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Zingo a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Zingo may disclose any or all Feedback to any third party in any manner, and you agree that Zingo may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Zingo under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Zingo does not waive any rights to use similar or related ideas previously known to Zingo, or developed by its employees, or obtained from sources other than you.

5. Rules for Using Our Site

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Zingo, unless you have been specifically allowed to do so in a separate, written agreement with Zingo. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Zingo, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your Zingo account and ability to use the Site. You agree that you are solely responsible for (and that Zingo has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Zingo may suffer) of any such breach.
You agree that you shall not transmit to Zingo or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

• Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

  • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;

  • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

  • data mining the Site or any content, service, or property provided by Zingo “Zingo Property”;

  • sending messages to users who have asked not to be contacted;

  • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and

  • using Zingo Resume Search contacts in violation of Zingo policy, as determined by Zingo, including, for example, as indicated by low response rates from those persons contacted.

• Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Zingo may block the transmission of such content.

• Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

• Conduct or forward pyramid schemes or similar programs.

• Transmit content that may be harmful to minors.

• Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

• Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Zingo.

• Violate the legal rights (such as rights of privacy and publicity) of others.

• Promote or encourage illegal activity.

• Interfere with other Zingo users’ enjoyment of the Site.

• Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.

• Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Zingo account.

• Modify, adapt, translate, or reverse engineer any portion of the Site.

• Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.

• Reformat or frame any portion of the web pages that are part of the Site without Zingo’s explicit written permission.

• Contact other Zingo users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Zingo considers detrimental to its users.

• Create multiple Zingo accounts without permission.

• Create multiple Zingo accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.

• Bypass any limitations or suspensions of functionality.

• Provide false information.

• Scrape the Zingo Resume Search database

• Scrape or otherwise replicate any Zingo content for competitive purposes

• Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.

Zingo reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Zingo) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Zingo reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to Zingo enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to Zingo’s message relay, or of your use of any other functions of the Site, with or without notice. Zingo shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
We reserve the right to not deliver any message, including, but not limited to, job applications, that Zingo suspects to be malicious or spam, for fraud mitigation, or for any reason. This includes but is not limited to messages with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code. Zingo further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Zingo or its users, or otherwise conducting fraudulent activity on Zingo by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Zingo. Zingo reserves the right to turn over any information gathered via such investigations to the police or other third party if Zingo has a good faith belief that you are using the Site in violation of these terms.

You may not use the Site, or otherwise exchange services or money with Zingo, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, Zingo may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.

6. Registering with and Contacting Zingo

Some areas of the Site, including areas that may permit you to set up an Zingo account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Zingo account may receive access to information regarding your Zingo account. You are advised to safeguard important data and to not upload confidential information on the Site. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. Zingo encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk. If someone obtains unauthorized access of your account, they may have the ability to contact users or take other actions through your account, and Zingo may have only limited ability to remedy such situations.

You agree that Zingo may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Zingo account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Zingo or that Zingo may otherwise obtain from third-party sources. By providing Zingo with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. If you are a Job Seeker who provided your phone number in connection with your job application, you agree the Employer may contact you at that number. When you give Zingo a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To stop receiving text messages at any time, reply to the text with STOP or contact Zingo Customer Support . For clarity, you agree and understand that texting STOP in response to an Zingo SMS alert will unsubscribe you from Zingo SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text2Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from Zingo. You may also revoke your consent to receive text messages by terminating the Agreement through closing your Zingo account. By enabling two step verification, you verify that you are the owner of the phone number you provided. Revoking consent by replying STOP or terminating the Agreement does not apply to a phone number that an Employer already has that you provided as part of a job application. Once an Employer has your phone number, you agree that Zingo is not responsible or liable for the manner in which the Employer uses the number.

7. Disclaimers of Warranties

Zingo disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Zingo search results (including Jobs Listings) or otherwise made available on the Site by Zingo or third parties (including User Content), regardless of whether paid for or used for free. Zingo disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Zingo for informational purposes only, including but not limited to, Zingo Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Zingo for the aforementioned information. Zingo disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Zingo does not guarantee that the Site will always be error free, safe, or secure. Zingo further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Zingo be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Zingo be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Zingo’s Site.

Zingo further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Zingo as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Zingo be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE ZINGO AND THE SITE AT YOUR OWN RISK. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY ZINGO. ZINGO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

8. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL ZINGO OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF ZINGO OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID ZINGO TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Zingo or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of Zingo.

9. Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Zingo infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Zingo to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Zingo a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Zingo Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ Zingo.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

10. Governing Law and Dispute Resolution

If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by Zingo, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A.

11. Severability and Reformation

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

12. Filtering for Minors

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that Zingo does not endorse any of the products or services listed on such sites.

13. Use of Site by Minors

The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Zingo to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Zingo under the supervision of your parent, legal guardian or responsible adult. Zingo adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ Zingo.com (remove spaces when sending email).

14. Using e-Signature

Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. Zingo disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. Zingo is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.

15. Beta Products

Zingo may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. Zingo may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by Zingo in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of Zingo. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Zingo.

16. Questions or Complaints

If you have a question or complaint regarding the Site, please use our Zingo Help Center. When you use the Zingo Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in the Zendesk cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Miscellaneous

This Agreement (including any other section of this Agreement like the Zingo Ads Program Terms or Zingo Resume Terms) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Zingo. This Agreement, together with any amendments and any additional agreements you may enter into with Zingo in connection with the Site, shall constitute the entire agreement between you and Zingo concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Zingo employee shall not constitute an amendment or alteration of this Agreement.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using Zingo. If (a), (b), or (c) applies to you, you may not use the Site or Services, and Zingo may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Zingo’s proprietary rights in them.
You understand and acknowledge that Zingo or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Zingo reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

In the event of any irreconcilable conflict between these Zingo General Terms of Service and the Zingo Ads Program Terms, Zingo Resume Search Program Terms, Zingo Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you, the Zingo Ads Program Terms, Zingo Resume Search Program Terms, Zingo Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you will govern with respect to the Zingo Ads Program, Zingo Resume Program, Zingo Targeted Ads, Terms of Service for Publishers or other subset of terms as applicable to you, respectively, and these Zingo General Terms of Service will otherwise govern.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by Zingo. This Agreement, together with any amendments and any additional agreements you may enter into with Zingo in connection with the Site, shall constitute the entire agreement between you and Zingo concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Zingo employee shall not constitute an amendment or alteration of this Agreement.

Any notices to Zingo must be sent to the applicable Zingo entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Zingo Ads Program, Zingo Resume Search Program, or Zingo Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Zingo Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Zingo’s prior written consent and any such attempt is void. Zingo may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Zingo may assign any agreement between you and Zingo to any related Zingo entity by informing you of such assignment. Zingo and you are not in a legal partnership, agency relationship, or employment relationship. When Zingo provides the Site or any related services to you, Zingo does so solely in its capacity as a service provider.

18. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Zingo in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Zingo’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

19. The Zingo Apps

By using any of the Zingo Apps, including but not limited to the Zingo Job Search, Zingo Resume Search, Zingo Employer, Zingo Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Zingo App. Additionally, you agree that the Zingo App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Zingo App, you are asking Zingo to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize Your Resume. You further acknowledge that your use of the Zingo Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Zingo App, and Zingo disclaims all responsibility for such data usage. In addition, if you allow Zingo Apps to utilize location services, the Zingo Apps may suggest to you and collect from you information based on your geographic location. Some location data the Zingo Apps collect is linked to your account (for example, “coarse” location data collected by an iOS app). Other location data the Zingo Apps collect is not linked to your account (for example, “precise” location data collected by an iOS app) but is still used by Zingo. The legal entity that ( i) provides any services to you through the Zingo Apps, (ii) owns or licenses the intellectual property rights to any of Zingo Apps and/or (iii) has access or controls any personal data through the Zingo Apps may at times be an affiliate of Zingo, even if the entity identified as the application developer on any of the application marketplaces is Zingo, Inc.

20. Payments

You understand that services offered by Zingo or supported by our Sites may require payment for access or continued use. Each product may have its own payment terms specific to the needs and function of the service and such terms will be agreed on the Site, in a separate agreement, insertion order, or as indicated by the Site between you and Zingo. For the avoidance of doubt, where a product or insertion order has product-specific payment terms which overlap or conflict with the payment terms in this section, you understand and agree that the product-specific terms will govern. 

Zingo may charge you in different ways depending on the service provided, including based on clicks, RSVPs, applies, impressions, subscription, and/or a platform fee, if applicable. Charges are solely based on Zingo’s measurements, including, but not limited to, Zingo’s Apply, click, or ITA Brand Impression counts. Zingo’s determination of such impression count shall be binding. Zingo’s measurements may include measurements from third-party vendors. Zingo disclaims warranty with respect to measurements provided by third-party vendors. Zingo’s determination of the number, including, but not limited to, Applies, clicks or ITA Brand Impressions, shall be binding, even in cases where this number encompasses measurements provided by a third-party vendor.

Zingo may transfer your prepaid funds for the use of one product towards your use of another product if you so request through any means of communication, including via phone, website or email.  Further, you understand and agree that if your Zingo employer account has a credit card on file for the Zingo Ads Program or any other Zingo service, we will charge that same credit card for your RSVPs unless otherwise indicated by you. 

Billing Models

For payment based on click count: you shall be charged accordingly, regardless of whether you set a total budget.

For payment based on RSVPs: RSVPs are defined as a user completing the online RSVP form agreeing to attend your job event featured in any Job Ad. You understand that an RSVP does not guarantee that a Job Seeker will attend your job event(s). 

For payment based on applies: You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Zingo, and based on applies (“Applies” or “Apply”) and/or clicks if you are an Employer using ITA Apply, or based on impressions (“ITA Brand Impression” or “ITA Brand Impressions”) if you are an employer using ITA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page. ITA Brand Impressions are defined as an ad appearing on a page of the Site or a third party site, including, but not limited to, mobile apps, which page has been presented to a user. However, an ITA Brand Impression does not guarantee that a Job Seeker has viewed such ad. If you are an Employer using ITA Brand, your price per ITA Brand Impression found on any ITA Brand Insertion Order is defined as the cost per 1000 impressions. If your ITA Insertion Order does not contain an end date, you will continue to be billed until you contact Zingo and request to be removed from the ITA Program. If your Zingo employer account has a credit card on file for the Zingo Ads Program, we will charge that same credit card for your Zingo Targeted Ads.

For payment based on a subscription, you will be charged as indicated in an insertion order or by the Site. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and Zingo will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. Upon your request, Zingo may, in its sole discretion, pause your subscription and associated costs, and upon Zingo unpausing the subscription, it will continue for the remaining term until it expires and automatically renews. Details regarding the resume subscription or plan are available on the Site. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE RESUME SUBSCRIPTION PLAN. AMOUNTS FOR FUTURE PREPAID UNUSED BILLING CYCLES MAY RESULT IN A PRORATED REFUND OF THE UNUSED BILLING CYCLES, WHICH SHALL BE DETERMINED IN ZINGO’S SOLE DISCRETION. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. 

Billing Policy

You acknowledge and agree that any credit card and related billing and payment information that you provide to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zingo and servicing your account. Zingo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. You agree that Zingo may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. You further agree that Zingo may use the updated card information to charge amounts you owe Zingo. Zingo shall not be liable for any use or disclosure of such information by such third parties. Invoices may be provided to you via electronic mail, unless otherwise specified by Zingo. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Zingo product, Zingo reserves the right to suspend or terminate your use of that Zingo product as well as any other Zingo product, including but not limited to those Zingo product where you do not have an unpaid invoice or account balance.

Payment Currency 

If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Zingo’s discretion. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). 

Taxes (if applicable)

Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Zingo incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and Zingo shall have no liability whatsoever therefor.  If you are in Japan, Japanese consumption tax will apply on the import of all Zingo products and services. 

Refunds

Refunds for Zingo services that have already been provided (if any) are at the absolute discretion of Zingo and only in the form of advertising credit for Zingo Property. If you are removed from Zingo, but have previously spent on Zingo, you are not entitled to a refund of previously spent amounts for services already provided. Refunds for unused Zingo services that have been pre-paid will be refunded on a prorated basis and as per product specific Payment Terms only the unused future pre-paid subscription billing cycles will be paid, subject to Zingo’s discretion. All approved refunds for unused Zingo services shall first, in Zingo’s full discretion, be used to pay all outstanding unpaid balances and interest for any Zingo product or service where one exists associated with your account. 

Zingo may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Zingo incurs collecting such late payments.

Zingo Products Terms of Service

Last Updated: September 15, 2021

 

 

 

 

Zingo Ads Program Terms

 

 

These Zingo Ads Program terms (“IAP Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to any Employer who accesses or uses the Zingo Ads Program, including but not limited to, posting or sponsoring any Job Ad or starting a campaign on on through Zingo, or who otherwise indicates its acceptance of these IAP Terms. By accessing or using the Zingo Ads Program or otherwise accepting these IAP Terms, you agree to these IAP Terms and to the Zingo Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Zingo Ads Program (“Program”) on or through the Site is subject to all applicable Zingo terms and policies, including without limitation the Zingo Privacy Policy and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Zingo policies may be modified at any time. With regards to any job advertisements posted or sponsored on or through Zingo, either for payment or for free and including jobs provided to Zingo via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content, including, but not limited to, job descriptions and screener questions, or any other User Content in the ad, and target URLs (“Creative”), whether generated by or for you, irrespective of whether it is reformatted or the words “Powered by Zingo” or similar phrasing appear on the ad; including but not limited to photograph(s), videos, images, texts, marks, logo, or audio you provide to Zingo or request that Zingo include; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and any third party, use of your accounts. Job Ads may be placed on (y) any content, service, or property provided by Zingo (“Zingo Property”), and (z) any other content or property provided by a third party, or third party website (“Other Website”), including but not limited to mobile apps and entities that participate in Zingo’s Publisher network. By posting or sponsoring an Ad on or through Zingo, you authorize Zingo and Other Websites to reformat the Job Ad, for example so that the ad can be more effectively displayed on a mobile device, a third party website, or certain locations on the Site. Zingo does not guarantee reach, performance, or placement of Job Ads, and distribution on Zingo or Other Websites. Performance and placement of Ads may vary depending on Zingo’s consideration of various factors, such as demand, industry, type of role, sponsorship, and other considerations. Placement of a Job Ad on a certain page (for example, on Zingo Gigs) is not a representation regarding the nature of the role for legal purposes. The placement, positioning, and size of a Job Ad on Zingo Property or Other Websites is within Zingo’s sole discretion. You agree that if your Job Ad is so placed on Other Website(s), such websites may collect or receive information about your Job Ad and performance thereof.

By sponsoring a Job Ad, you are agreeing to pay a price for each user “click” (a user action that results in a job description being displayed to the user) that such an ad receives. This includes clicks for Job Ads on Zingo as well as Other Websites. Click prices may vary based on a variety of factors, including without limitation the current supply and demand pertaining to advertisements and clicks, traffic on the Site, time of day, and other factors. You acknowledge that Zingo has limited knowledge and control regarding how clicks are measured on Other Websites and must rely in part on reports generated by Other Websites. By sponsoring a Job Ad, including but not limited to as part of a campaign, you are requesting that Zingo manage the visibility of your Job Ads on the Site to give your job exposure, in a way designed to make the experience on Zingo better for you and get your jobs better visibility. You are also requesting that Zingo manage the visibility of the Job Ads on Other Websites. “Exposure” does not always mean the Job Ad will get a particular spot on the page, or that it will be called out with special wording, but means that it will be placed by Zingo in accordance with Zingo judgment and discretion in order to achieve what Zingo determines, in its sole discretion, to be the best visibility for such a job, considering the budget. By sponsoring a job, including but not limited to as part of a campaign, you are requesting Zingo to manage this relative visibility and exposure on its Site as well as Other Websites. You acknowledge and agree that such management of sponsored Job Ads is in Zingo’s sole discretion and is provided without warranty as to how and where Zingo shall place such Job Ads. You shall direct only to Zingo any communications regarding Job Ads on Other Websites.  

By sponsoring a Job Ad on Zingo, you understand that Zingo may include services or features that impact your ad campaigns such as automated ad placement and programmatic bid optimization.

By posting or sponsoring a Job Ad on or through Zingo, including but not limited to as part of a campaign or by XML feed: you agree that Zingo may and authorize Zingo to reformat and host (but not change the content of) the Job Ad on an Zingo hosted page or Other Websites in any way Zingo sees fit. You agree to this activity (reformatting and hosting) for all of your Job Ads, including ones you did not directly post on Zingo (for example, your Job Ads that Zingo indexed, that you had posted on your website or a third party website). All dashboards will reflect the total click count, including the clicks that open an Zingo reformatted or hosted page or Other Websites. In the event you provide Zingo with an indication that you are looking to fill your role in a short time period, as determined by Zingo, Zingo may add a label (such as “Urgent”, “Urgently Hiring” or similar) to your Job Ad. Zingo may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Paid”, “Promoted”, “Sponsored”, “Urgent” or similar) in connection with a sponsored advertisement on Zingo or Other Websites.

Job Ads posted directly on Zingo may no longer appear on the Site after a period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by Zingo will expire after a period of time and Zingo is unable to restore their visibility. If you sponsor a Job Ad but do not provide a payment method for your campaign, the job campaign will not begin and your Job Ad will not be visible. Zingo may in its sole discretion remove the budget and post the job with organic visibility. Zingo may require sponsorship for the display of any Job Ad at any time for any reason. Zingo may recommend or suggest a budget for any Job Ad to maintain or optimize its visibility. The suggestion is made without warranty and is not a guarantee regarding placement or visibility of any Job Ad. If you are located in Japan, you acknowledge that Zingo’s content moderation policies may, in some instances, result in the modification of your Job Ad, and you agree to this activity. If you are an Zingo agency partner, you may be eligible to participate in an Zingo partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their Zingo usage and engagement, measured by revenue. Zingo’s determination of an agency’s rank is made at Zingo’s full discretion and may be revoked at any time. Zingo may offer some Employers who sponsor Job Ads the opportunity to be displayed more prominently, or in an enhanced way, on the Site (“Featured Employer”). Featured Employer is awarded at Zingo’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. A Featured Employer may also receive subscriptions to the Zingo Resume Program for a limited time (“Resume Rewards”), which are awarded at Zingo’s sole discretion. The Featured Employer program and Resume Rewards may be changed or removed by Zingo at any time, at Zingo’s sole discretion.

When you sponsor a Job Ad on or through Zingo, Zingo may include targeted ads services as part of the services provided to you when you start a campaign, and you authorize Zingo to provide such services. Targeted Ads may appear on the Site or on Other Websites. Target audience membership is based partly on information and criteria provided by the Employer, for example information provided in the Job Ad, but the composition of each target audience is determined by Zingo in its sole discretion. For example, Zingo reserves the right to decide, in its sole discretion, the frequency or number of times an ad is displayed to members of a target audience. For certain ads appearing on Other Websites, Zingo has limited control over the target audience, and you agree that in such circumstances Zingo is not responsible for the composition of the target audience. For ads appearing on Other Websites, Zingo disclaims all liability and makes no warranties as to the target audience and any related claims, such as claims arising out of or related to individuals who were able to view or were unable to view the Job Ad.

Cost per Apply. Zingo may offer a tool permitting an Employer to set a Sponsored Job advertising budget on a per-apply basis, referred to as either “cost-per-apply” or “pay-per-apply.” Employers may be placed into a test group and offered the cost-per-apply product by default. If you are placed in such a test group and wish to purchase a cost-per-click advertising plan instead of cost-per-apply, contact Client Success at 1-800-475-4361. Charges are based on applies (“Applies” or “Apply”), defined as either 1) an application to one of your Job Ads delivered by Zingo on the Site 2) applications from Job Seekers whose responses meet the qualification questions you marked as Deal Breakers, or 3) applications you choose to not replace within a certain time frame specified on the Site when given the option, whichever of the three appears on the Site for you. If your charges are based on the third option, the number of Applies on your analytics dashboard is updated after the time frame has elapsed. For all options, Zingo does not verify Job Seeker responses, nor do we confirm the accuracy of such responses. Zingo may offer estimates regarding the number of Applies for a given budget; this information is based on estimates only and is not a guarantee of future performance or of any particular number of Applies. By selecting a desired number of Applies on the Site, you are requesting Zingo to display your Job Ad in Zingo’s sole discretion, using the budget you have selected. You will be charged upon the earlier of a) your ad campaign spending $500.00 or more or b) the beginning of the next calendar month after you sponsor your Job Ad. If you previously purchased cost-per-click Sponsored Jobs on the same account, you may also be charged once your Job Ad campaign spends $25.00. The campaign for your Job Ad will automatically pause after the number of Applies you have selected are delivered or when you pause or close your job. Charges are solely based on Zingo’s Apply measurements. Zingo’s determination of Apply count shall be binding. Zingo and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per Apply, (ii) delivery of any Applies, (iii) the interest level of any users who Apply to or view your job. Zingo further disclaims all guarantees regarding analytics and statistics provided to Employers in the cost-per-apply test group, as such information may be inaccurate or outdated during the test.

Zingo may offer conversion tracking that Employers may install on their own websites (“Conversion Tracker”). The Conversion Tracker will inform Zingo when a Job Seeker completes an application on the Employer website, allowing those applications to appear in the Employer Dashboard. By installing or using a Conversion Tracker, you represent and warrant that you shall do so in accordance with all applicable laws, including without limitation that you shall provide users of your website with all necessary disclosures, and obtain any necessary consent or agreement from such users, to permit the Conversion Tracker to function in accordance with applicable law, and you agree to defend and indemnify Zingo from any failure to do so. The Conversion Tracker is provided on an “as-is” and “as-available” basis, and without warranty. Zingo disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of the Conversion Tracker.

In some instances, you may be able to insert your own tracking pixels in your Job Ad for the purpose of measuring the performance of your ads. This is provided as courtesy, and Zingo may disable this option at any time. You are solely responsible for your use of the pixels, and Zingo disclaims all liability related to such use. Zingo provides no warranty regarding the proper functioning of the pixel, any numbers reported, or that use of the pixels would be error free. You are advised not to rely on the pixel. Any such tracking pixel, or analytics generated thereby, shall not be used to dispute or challenge Zingo’s click count, which is binding. You agree not to use the information collected using tracking pixels for any purpose other than for measuring the performance of your ads. For example, you may not use the pixel to profile users or for behavioral analytics. To the extent you decide to use such pixels, you agree to be in compliance with all applicable laws, including, but not limited to, privacy and data protection laws implicated by such use. For example, updating your privacy policy where necessary. You agree to defend and indemnify Zingo from any claim arising from your tracking pixel.

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Zingo, you may independently cancel online any advertisement at any time. Cancellation is generally effective within 24 hours, and you are responsible to pay all charges resulting from served Ads during this time period (e.g. any clicks while the Ad still appeared on Zingo or Other Websites). Zingo may immediately cancel the Program or these IAP Terms at any time upon notice. Zingo may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

3. Prohibited Uses

You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Zingo and Other Websites all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms, placement of restrictions on your account, and/or termination of your account without notice, and may subject you to legal penalties and consequences. Zingo or Other Websites may reject or remove any Job Ad, and Zingo may disable any Employer’s account, for any or no reason without notice. Although Zingo may indicate why a job or account has been removed or disabled, we cannot give every reason why a job or a company may be removed, and we always retain the right to remove any job, organic or sponsored, if we feel it is in our interest or our users’ interest. For examples of why Zingo may reject such Job Ads from Employers, refer to Zingo’s Search Quality Policies, which are provided by way of illustration and are not exhaustive. By submitting your Job Ad to or through Zingo, you agree that Zingo is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Zingo’s in its sole discretion. The Zingo team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. Zingo may require some Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, to prevent abuse of the free to post system, to improve our services, or for any other reason in Zingo’s sole discretion. Zingo may also limit the number of free Job Ads you are allowed to post at a given time in Zingo’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, hard-to-fill jobs, jobs posted by a staffing agency, recruitment process outsourcer, or other recruitment-based company, and any other jobs as determined by Zingo. Additionally, Zingo may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board as determined by Zingo, Zingo reserves the right to include or reject any or all of your Job Ads. By submitting Job Ads to or through Zingo, you agree that the determination as to whether you are deemed to be a job board is made by Zingo in its sole discretion, and such decision is binding, and you agree that Zingo is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Zingo’s in its sole discretion. The Zingo team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. For examples of why Zingo may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Zingo reserves the right to limit or disable your account. Zingo further reserves the right to reject any Job Ads which advertise staffing opportunities or platforms rather than actual jobs. You acknowledge that inclusion of jobs in violation of these guidelines on the Zingo Site may harm Zingo and its users.

4. Disclaimer and Limitation of Liability

ZINGO’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR TITLE, NON-INFRINGEMENT, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ZINGO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. Zingo does not guarantee that the Site or Program will always be uninterrupted, error free, safe, or secure. Zingo and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions, RSVPs, clicks, or Applies on any Publisher Property or Zingo Property or Other Website sections of such properties, (iv) clicks, (v) applies, (vi) conversions for any Creative, (vii) reach of an ad, (viii) accuracy or success of any ad targeting or the composition of any audience, or (ix) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile.  CLICKS ARE ANONYMOUS AND ZINGO HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Zingo’s discretion. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Zingo incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Zingo products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Zingo’s click measurements, which in some cases may include measurements from third-party vendors. Zingo disclaims any warranty with respect to measurements provided by third-party vendors. Zingo’s determination of click count shall be binding in all such cases. Refunds (if any) are at the absolute discretion of Zingo and only in the form of advertising credit for Zingo Property. If you are removed from Zingo, but have previously spent on Zingo, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zingo and servicing your account. Zingo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Zingo shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Zingo shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Zingo product, Zingo reserves the right to suspend or terminate your use of that Zingo product as well as any other Zingo product, including but not limited to those Zingo product where you do not have an unpaid invoice or account balance.

6. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, licensors, and Publishers from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.

 

Zingo Resume/CV Search Program Terms

 

 

These Zingo Resume Search Program Terms or Zingo CV Search Program Terms (collectively, “IRSP Terms”) form a part of, and are incorporated into, the Zingo Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Zingo Resume Search offering, or that otherwise indicates its acceptance of these Zingo Resume Search Program Terms. By agreeing to the Zingo Resume Search Program Terms, you also agree to the Zingo Terms of Service.

Any capitalized terms that are used but not defined in these IRSP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Zingo Resume Search Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Zingo best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription or plan purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription or plan for, any or all of which may be modified at any time. Purchasing additional subscriptions or plans, or modifying subscriptions or plans may reset the monthly billing date for subscriptions or plans associated with your account, resulting in pro rata charges to account for the new date. If you purchase a new plan in India during the duration of your current plan, the new plan will begin after your current plan ends.  You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Zingo, for purposes of filling your Job Listings. You shall not use the Zingo Resume Search Program for  any directly or indirectly illegal, discriminatory, or fraudulent purpose. You are solely responsible for your use of the Program, including but not limited to, how you search for Job Seekers, who you decide to contact, and any employment related decisions you make. Contact information provided by Zingo, including any Relay Service email address, is for your individual use only and may not be shared with any other person. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the IRSP, Zingo may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. In some circumstances, Zingo may limit the number and/or frequency of times you may contact a Job Seeker through the Site. For example, if you contact a Job Seeker, and the Job Seeker does not express interest or contact you back, you may not be able to contact them again for a period of time.

IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying Zingo the amount indicated on the Site for the purpose of Zingo facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to Zingo, or by connecting you via phone call to the number provided by the Resume Owner. Your use of the Program is subject to all Zingo Site Rules and policies, including the Zingo Privacy Policy and any policies pertaining to Relay Services. Zingo does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume or information thereof is valid, accurate or complete in any respect. Zingo may return different results for the same resume search query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. 

 Zingo does not allow its Program, including but not limited to, resume contact service to be used in a spam like manner, and you expressly agree not to use the Program service in such manner. Zingo defines “spam like manner” as sending requests for job positions to persons who are, as indicated by Zingo experience and/or Resume Owner behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. Zingo reserves the right to disable Zingo Resume Search contact service for any user who, in Zingo’s sole discretion, violates these IRSP Terms, including the foregoing term. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that Zingo suspects to be malicious or spam, or for any or no reason. The only acceptable use of the IRSP is for you to contact a Resume Owner through Zingo regarding a Job Listing or potential employment. No other uses of the IRSP are permitted. Scraping the Zingo Resume Search database, which may include any Job Seeker Resume, or using the Zingo Resume Search database for any other purpose except as allowed will result in legal action being taken against you. We may in our sole discretion place limits on your ability to run searches using Resume Search if we suspect that your use may adversely affect Zingo’s system, you are using the Resume Search in a malicious or objectionable manner, or you have violated this Agreement. Additionally, if you are a competitor of Zingo (including but not limited to any job aggregation website or any job posting websites) you may not use the Zingo Resume Search database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the Zingo Resume Search database may result in Zingo blocking you from the Site, blocking you from contacting Resume Owners, and blocking your contact emails to those resume owners without notice and you consent to the same. Zingo may limit the number of devices each account is logged into. Except for plans in certain markets, such as India, where you have the option to assign additional seats to a plan, each Resume subscription or plan is solely for the individual use of the person to whom it is assigned, and may not be shared with other users. If you have a plan in India, you agree that adding seats to the plan does not add additional contacts to the subscription plan; if you add a seat on a day after the subscription plan has started, the price you pay for that seat is prorated, however, the number of contacts remains unaffected. For plans in India, once the time period on your subscription plan expires, so will any remaining contacts; no unused contacts will carry over to your new plan.

In the event phone numbers are provided by the Job Seeker in the resume, Zingo does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, as well as other laws against automated telephone dialing systems or laws governing phone or mobile communications in your applicable jurisdiction.

Information contained in Job Seeker resumes is self-reported by Job Seekers and is not verified by Zingo. Any filtering, sorting, matching, or ranking tools available to you as part of the Resume Search Program rely on this Job Seeker-provided information and/or information you provide to Zingo about your job requirements or preferences. The appearance of a given Job Seeker’s resume in search results or as a match is not a guarantee that the Job Seeker has the attributes or experience you have selected or that they would be interested in a job. When you use the Program, Zingo does not guarantee that you will see desirable, or any, search results in response to each query or that you will see desirable, or any, daily matches. The matching offering is provided to you on a beta basis and is subject to our Beta Terms of Service.

2. Cancellation

Once you have requested that Zingo contact a Resume Owner, you may not revoke such request. Cancellation of your use of the IRSP shall be in accordance with any cancellation policies listed on the Site.

3. Your Information

You represent and warrant that all information you provide to Zingo is correct and current. You represent to Zingo that you are an Employer interested in considering the Resume Owner as a potential employee.

4. Disclaimer and Limitation of Liability

ZINGO’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO ZINGO IS VALID, THAT ANY EMAIL SENT BY ZINGO AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ZINGO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRSP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRSP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE ZINGO RESUME SEARCH SERVICE GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged if, and as, indicated by the Site. Upon your request, Zingo may in its sole discretion pause your subscription or plan and associated cost, and upon Zingo unpausing the subscription or plan, it will continue for the remaining term until it expires and automatically renews. Details regarding the resume subscription plan are available on the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Zingo’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Zingo incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Zingo products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION OR PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Zingo and only in the form of credit for Zingo services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zingo and servicing your account. Zingo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Zingo shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Zingo shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Zingo. Except for plans in India, if you purchase a subscription or plan, you acknowledge and agree that your subscription or plan will automatically renew and Zingo will charge you on a recurring basis until you cancel your subscription or plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription or plan does not cancel it. Your subscription will continue to automatically renew after being unpaused. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

6. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use of the Zingo Resume Search Program, including but not limited to, how you conduct the search, any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRSP Terms, any phone call or text message you make to a recipient, and activities of any third party service provider you engage to facilitate your sourcing activities through the Zingo Resume Search Program, such as an Applicant Tracking System.

 

Zingo Assessments Terms

 

 

These Zingo Assessments terms (“IA Terms”) form a part of, and are incorporated into, the Zingo Terms of Service. By accessing or using Zingo Assessments as an Employer in any way, or by registering as an Employer on Zingo Assessments, or by otherwise accepting these IA Terms, you agree to these IA Terms and to the Zingo Terms of Service (the “Agreement”). Any capitalized terms that are used but not defined in these IA Terms have the meaning set forth in the Agreement.

1. Introduction

Zingo Assessments is an online tool for the provision and review of assessments which are selected by Employers (“Assessments”) in order to request responses from Job Seekers (“Responses”) through the Site. “Assessments” include any assessment offered or published by Zingo and/or third party assessment providers that you may choose to send to a Job Seeker through Zingo.

2. Assessments

You agree that any Assessment sent by Zingo to a Job Seeker is done so at your sole request, and you represent and warrant that you have that Job Seeker’s consent for Zingo to contact that Job Seeker for the purpose of transmitting the Assessment(s) you have selected. You also acknowledge that once you have requested that Zingo transmit your Assessment to a Job Seeker, that request cannot be canceled. Zingo does not guarantee that any Job Seeker will receive, access, read or respond to any Assessment, or that there will be no mistakes in the transmission of the data. However, Zingo may alert you when any of the above events occur.

You agree you have made the determination to use Zingo Assessments as part of your application process, and that the types of questions asked in any Assessment or bundle of Assessments you send to a Job Seeker are solely being asked by you and are not being asked by Zingo. Except for third party Assessments, Zingo offers Assessments solely in its capacity as a developer and publisher. You agree you are solely responsible for the use of Assessments and Responses in compliance with the law, including the Fair Credit Reporting Act and similar state statutes. You are solely responsible for your use of Zingo Assessments, including without limitation any results which are considered to have a “disparate impact.” You further agree that you are solely responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. You acknowledge that Zingo may, but is not obligated to, provide a means by which Job Seekers may request such an alternative method or other accommodation from you. While Zingo is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Zingo does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You are the sole party to determine which Assessment to send to any Job Seeker. You agree that an Assessment is only designed to evaluate a particular skill. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. Zingo reserves the right to change any Assessment or the questions asked within an Assessment at any time, for any or no reason, including but not limited to quality control.

Sending an Assessment to a Job Seeker does not guarantee a Response or any further communication or action by any Job Seeker. You consent to your Assessment and any other communications sent through Zingo Assessments being processed and analyzed by Zingo according to this Agreement and Zingo’s Privacy Policy.

3. Responses 

You understand that Job Seekers provide a Response to an Assessment at their sole discretion.. After a Job Seeker has provided a Response, You will be able to use the Zingo Assessments platform to review the Response. In the case of a third party Assessment, you may only be able to view limited information, such as a link to the final result of the Assessment. A Job Seeker may also have the option to select an Assessment and associate the Response with their Zingo Profile, which will be visible to Employers in accordance with our Terms. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment. Assessments created, published, or administered by third parties other than Zingo are scored in accordance with the scoring rubrics as determined solely by such third parties. 

As an Employer you are the sole party to determine whether a Response, including but not limited to a result, indicates a qualified Job Seeker. You may instruct Zingo to send out rejection notices if the Job Seeker has not responded to Assessments in a manner acceptable to you, and you acknowledge that Zingo has no discretion in the transmission of these rejections. As the employer, you are the sole party to determine whether to offer a Job Seeker the  opportunity to retake any Assessment that you sent or update or modify their Response.

You acknowledge and agree that Responses are only provided on the condition that you use them responsibly and legally as part of your hiring process, which includes considering any other relevant information about the Job Seeker. Zingo may display excerpts from or summaries of Responses in other products such as Zingo Resume. These summaries are for convenience only and are not to be used in lieu of the full Response in context. You agree not to rely solely on such excerpts or summaries when making a hiring decision regarding any Job Seeker.

4. Rules For Using Zingo Assessments

As an Employer, you represent and warrant that you shall not access or use Zingo Assessments for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Assessment which is directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Assessment containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).

Zingo Assessments is not a tool to ask for sensitive personal data from Job Seekers. Employers may not create or send any Assessment which seeks highly confidential personal information from Job Seekers, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of personal data subject to data breach notification requirements in any country. 

An Employer who receives an accommodation request through Zingo Assessments must provide an accommodation to the extent required by applicable law, and further must provide evidence of compliance to Zingo immediately upon request. Any failure to fulfill these obligations is a material breach of this Agreement and Zingo may immediately terminate your account and your access to Zingo Assessments with no further obligation to you. You agree to defend and indemnify Zingo from any claims arising from your failure to comply with this section.

You understand and agree that Zingo does not have any obligation to screen any Assessment or Response, or to publish any Assessment or Response on the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.

5. Zingo’s Role

Zingo does not act as an employment agency by offering the Zingo Assessments tool. By using Zingo Assessments, you acknowledge and agree that Zingo is not procuring employees for Employers or procuring opportunities to work for Job Seekers. Zingo merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any decision to proceed or not to proceed with interviews or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Zingo Assessments, is solely with Employers or Job Seekers as applicable.

Zingo cannot confirm the information submitted by anyJob Seeker, or other user, including the identity of any user. Zingo does not inquire into the backgrounds of Job Seekers or attempt to verify the statements of Job Seekers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Job Seeker. You are responsible for complying with all laws and regulations relating to the intended employment of any Job Seeker. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Job Seeker is qualified for or has such a license or certification. It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Job Seeker has such license or certification. Zingo also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such a determination (or seek appropriate legal counsel to do so), in accordance with the EEOC regulations or other applicable laws.

Zingo is not a party to, third party beneficiary of, or liable for, any agreements, offers, or promises between an Employer and Job Seeker, regardless of whether Zingo receives a fee from the Employer in connection with the transaction. Zingo will not be liable for any costs or damages arising out of or related to such transaction.

Zingo assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Zingo Assessments tool, and any Assessment or Response.

6. Fees

Zingo Assessments is currently free for Employers. Zingo may, in its sole discretion and at any time, end Employers’ free use of Zingo Assessments and begin to charge Employers to use Zingo Assessments as a standalone product or in conjunction with an Employer’s use of any other Zingo product.

7. Confidentiality

You agree to keep all information gained from using Zingo Assessments confidential. You agree that (1) you will use any content submitted by Job Seekers only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Job Seekers outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Zingo Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.

8. Disclaimer and Limitation of Liability

ZINGO ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH ZINGO ASSESSMENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED.  ZINGO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE, INCLUDING BUT NOT LIMITED TO A RESULT, THAT HAS BEEN PROVIDED TO ZINGO IS VALID OR ACCURATE, THAT ANY ASSESSMENT OR RESPONSE ACCURATELY OR COMPREHENSIVELY EVALUATES A PARTICULAR SKILL OR IS RELATED TO ANY JOB REQUIREMENT, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT OF YOUR COMMUNICATION WILL ACT UPON IT. ZINGO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. ZINGO DISCLAIMS ANY WARRANTY THAT ZINGO ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU USE ZINGO, THE SITE, AND ZINGO ASSESSMENTS AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR ZINGO ASSESSMENTS WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU.

9. Indemnification

You agree to defend, indemnify and hold harmless Zingo from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Zingo Assessments or the Site; (c) your loss of, or disclosure of, information gained from using Zingo Assessments or the Site; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your decision to add, create, or use an Assessment, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker. You also agree that you have a duty to defend Zingo against such claims. You agree that this indemnity extends to requiring you to pay for Zingo’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Zingo Assessments.

10. Termination

Zingo may suspend Zingo Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Zingo at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  

Zingo may suspend Zingo Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Zingo at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Zingo Targeted Ads Terms

 

 

These Zingo Targeted Ads terms (“ITA Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to any Employer who accesses or uses the Zingo Targeted Ads program, or who otherwise indicates its acceptance of these ITA Terms.  These ITA Terms apply to both of Zingo’s Targeted Ads Services: 1) Zingo Targeted Ads: Brand (“ITA Brand”) and 2) Zingo Targeted Ads: Apply (“ITA Apply”). By accessing or using the Zingo Targeted Ads program or by otherwise accepting these ITA Terms, you agree to these ITA Terms and to the Zingo Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these ITA Terms have the meaning set forth in the Agreement.

1. The Program

Use of Zingo Targeted Ads (“ITA”) on or through the Site is subject to all applicable Zingo terms and policies, including without limitation the Zingo Privacy Policy and those instructions provided on the Site, and, if you are using ITA, through our online forms. Zingo policies may be modified at any time. With regards to any job or brand advertisements posted on or through Zingo through ITA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs, or any other User Content in the ads (“Creative”), whether provided or generated by or for you, irrespective of whether it is reformatted or the words “Powered by Zingo” or similar phrasing appear on the ad; including but not limited to images, photograph(s), text, marks, logos, video, or audio you provide to Zingo; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. You agree that Targeted Ads and Creatives may be placed on any Site, content, or property provided by Zingo (“Zingo Property”) or may be placed on a third party website, including, but not limited to, mobile apps. By posting a Targeted Ad on or through Zingo, you authorize Zingo and the third party website on which the ad appears to reformat the Job Ad. Zingo or the third party website may reformat the Job Ad, for example, so that the ad can be effectively displayed on a mobile device, a third party website, or certain locations on the Site. You understand that Zingo has limited control over ads appearing on third party websites and you accept any risks associated with ads appearing on such websites. Zingo makes no guarantees and disclaims all liability and warranties as to the content or nature of third party websites, including, but not limited to, mobile apps, on which Targeted Ads may appear. Target audience membership is based partly on information and criteria provided by the Employer, but the composition of each target audience is determined by Zingo in its sole discretion. For example, Zingo reserves the right to decide, in its sole discretion, the frequency or number of times an ad is displayed to members of a target audience. For certain ads appearing on third party websites, Zingo has limited control over the target audience, and you agree that in such circumstances Zingo is not responsible for the composition of the target audience. For ads appearing on third party websites, Zingo disclaims all liability and makes no warranties as to the target audience and any related claims, such as claims arising out of or related to individuals who were able to view or were unable to view the ad.

In some instances, you may be able to insert your own tracking pixels in ITAs for the purpose of measuring the performance of your ads. This is provided as courtesy, and Zingo may disable this option at any time. You are solely responsible for your use of the pixels, and Zingo disclaims all liability related to such use. Zingo provides no warranty regarding the proper functioning of the pixel, any numbers reported, or that use of the pixels would be error free. You are advised not to rely on the pixel. Any such tracking pixel, or analytics generated thereby, shall not be used to dispute or challenge Zingo’s impressions or Apply count, which is binding. You agree not to use the information collected using tracking pixels for any purpose other than for measuring the performance of your ads. For example, you may not use the pixel to profile users or for behavioral analytics. To the extent you decide to use such pixels, you agree to be in compliance with all applicable laws, including, but not limited to, privacy and data protection laws implicated by such use. For example, updating your privacy policy where necessary. You agree to defend and indemnify Zingo from any claim arising from your tracking pixel.

ITA Apply: In order to participate in ITA Apply, you must either use Zingo Apply to receive applications or add Zingo’s conversion tracker snippet to the last page of your job application, also known as the post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add Zingo’s conversion tracker snippet shall be determined by mutual agreement between you and Zingo. However, please note that if you unilaterally place the conversion tracker snippet on a page other than the mutually agreed upon page, in violation of this agreement, Zingo will still count this page as the Post-Apply-Page, charge you for any Applies (as defined below) on this page, and may require you to correct the placement. Any removal of the tracker snippet, or any provision of a method, for Job Seekers to apply to the Job Ad, bypassing the conversion tracker snippet will disqualify you from the program and will entitle Zingo to any resulting damages. It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to Zingo any time the Job Seeker started their search on Zingo, despite any intervening activity. Additionally, if you receive the ITA Apply services, you may be given the option to include application questions for your Job Listing on an ITA ad as part of your application process. If you request that Zingo include the questions you have chosen as part of your ITA ad, you acknowledge that Job Seekers who do not answer your questions in the manner set forth in your instructions may not be permitted to proceed with the application process through the ITA ad, and that you are requesting that Zingo perform this action. You further acknowledge that your use of these questions is provided to you via a license to the application questions tool. Zingo disclaims all warranties as to the performance of these questions, including but not limited to the accuracy of the Job Seekers’ answers to your application questions.  

2. Cancellation

Unless otherwise stated in an insertion order or other agreement to advertise with Zingo, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours for any Targeted Ad displayed on Zingo). Zingo may cancel ITA or these ITA Terms at any time. Zingo may modify ITA or these ITA Terms at any time without liability, and your use of ITA after notice that these ITA Terms have changed indicates acceptance of the updated ITA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these ITA Terms.

3. Prohibited Uses

You shall not, and shall not authorize any party to (a) generate automated, fraudulent or otherwise invalid impressions, applies, or clicks; (b) cause the under reporting, or circumvent or prevent the reporting of an application by any means, including but not limited to, by providing an alternative method for a Job Seeker to submit an application to your Job Ad and bypassing the Post Apply Page; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Zingo, Zingo’s vendors, and third party websites, including, but not limited to, mobile apps, on which Targeted Ads may appear all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these ITA Terms or your account without notice, and may subject you to legal penalties and consequences. Zingo or Zingo’s vendors may reject or remove any Targeted Ad, and Zingo may disable any Employer’s account, for any or no reason without notice.

4. DISCLAIMER AND LIMITATION OF LIABILITY

ZINGO’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ZINGO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Zingo and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per apply or per click, (ii) costs per impression, (iii) delivery of any impressions, RSVPs, clicks, or applies, (v) applies, (vi) impressions (vii) conversions for any Creative, (viii) targeted users, (ix) reach of an ad, (x) accuracy or success of any ad targeting or the composition of any audience, (xii) the interest-level of any users who apply to or view your job, or (xiii) clicks. A CLICK ON YOUR JOB AD DOES NOT GUARANTEE INTEREST IN SUCH JOB AD.  EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Zingo, and based on applies (“Applies” or “Apply”) and/or clicks if you are an Employer using ITA Apply, or based on impressions (“ITA Brand Impression” or “ITA Brand Impressions”) if you are an employer using ITA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page. For non-video ads (also known as display ads), ITA Brand Impressions are defined as an ad appearing on a page of the Site or a third party site, including, but not limited to, mobile apps, which page has been presented to a user. For non-video ads as well as video ads, ITA Brand Impressions may be counted differently depending, in part, on the website(s) on which they appear, since each third party website or service that facilitates displaying ads on such websites may count impressions differently (Zingo relies on these third parties for measuring impressions). However, in all cases, ITA Brand Impression does not guarantee that a Job Seeker has viewed an ad. If you are an Employer using ITA Brand, your price per ITA Brand Impression found on any ITA Brand Insertion Order is defined as the cost per 1000 impressions. If your ITA Insertion Order does not contain an end date, you will continue to be billed until you contact Zingo and request to be removed from the ITA Program. If your Zingo employer account has a credit card on file for the Zingo Ads Program, we will charge that same credit card for your Zingo Targeted Ads. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees.  If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen and US Dollars.  If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Zingo’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Zingo incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Zingo products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Zingo’s Apply measurements, click measurements, or ITA Brand Impressions measurements. Zingo’s measurements may include measurements from third-party vendors. Zingo disclaims warranty with respect to measurements provided by third-party vendors. Zingo’s determination of the number of Applies, clicks or ITA Brand Impressions shall be binding, even in cases where this number encompasses measurements provided by a third-party vendor. Refunds (if any) are at the absolute discretion of Zingo and only in the form of advertising credit for Zingo Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zingo and servicing your account. Zingo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Zingo shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Zingo shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail.

6. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your ITA use, Creative, site or Your Services, or your breach of these ITA Terms.

 

Zingo API Terms

 

 

These Zingo API terms (“API Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to anyone who accesses or uses an Application Programming Interface created or maintained by Zingo (“API”) or related documentation (“Documentation”), develops any application that communicates or interoperates with any API, the Site, or any Zingo service (“Application”), or who otherwise indicates acceptance of these API Terms. By accessing or using any API or Documentation or by otherwise accepting these API Terms, you agree to these API terms and to the Zingo Terms of Service (the “Agreement”), including the terms associated with any Zingo service you are using, and all of Zingo’s policies, including the Zingo Privacy Policy and Cookie Policy. Any capitalized terms that are used but not defined in these API Terms have the meaning set forth in the Agreement.

1.  The APIs

Zingo may provide you with access to one or more APIs, as well as any accompanying Documentation, solely for your internal business use in developing and using Applications or for Zingo to process and analyze submitted information and behavioral data in accordance with the Zingo Privacy Policy. Zingo assumes no responsibility and disclaims any and all liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on or through any API. For the most up to date and accurate information, use the Site directly. 

Your license is subject to and conditioned on your compliance with all terms and conditions set forth in the Agreement, and it is revocable, non-exclusive, non-transferable, and non-sublicensable. No implied license is granted. Zingo reserves all rights that are not expressly granted by this Agreement. 

You may develop an Application that interoperates with an Zingo API for the use of your employees or independent contractors for your internal business purposes (“End Users”). Your and End Users’ use of an API or Application to access the Site or any Zingo App is subject to the applicable Terms of Service for the Site or Zingo App, and you agree to require your End Users to accept and comply with such Terms of Service as well as these API Terms. You agree that you will be responsible for your End Users’ use of your Application and any API. It is also you and your End Users’ responsibility to regularly review any Zingo App or the Site in order to obtain the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about Zingo’s products and services. By using an Application or Applicant Tracking System (“ATS”) via an API, rather than directly using the Site or an Zingo App, you agree to all information provided on the Site or an Zingo App. Use of an Application or ATS via an API, rather than direct use of the Site or an Zingo App, shall not excuse any lack of information or understanding about Zingo’s products and services, where that information is otherwise provided on the Site or an Zingo App. 

You agree that Zingo may monitor your and End Users’ use of any API and may process and analyze submitted information and behavioral data in accordance with the Zingo Privacy Policy. This monitoring may include Zingo accessing and using your Application. You will not interfere with this monitoring. Zingo may use any technical means to overcome such interference. You agree that when you or End Users’ use an ATS via an API, such ATS may access, monitor, process, or analyze submitted information and behavioral data.

You agree to promptly notify Zingo in advance of your decision to discontinue use of any APIs that allow Zingo to process and analyze submitted information and behavioral data.

Zingo reserves the right to place limits on access to any API (including without limitation the number of calls or requests), and monitor usage of the APIs to enforce these limits, in its sole discretion. Such limits may be detailed in the Documentation or otherwise communicated to you by Zingo.

By using Zingo’s API you understand and agree to periodic audits of your usage. Zingo will request, and you will provide (or cause your agent to provide), your data usage metrics in order for Zingo to review. If Zingo finds you have violated these guidelines, your use of Zingo’s API may be restricted or terminated.

Zingo may update, modify or discontinue the API at any time and in our sole discretion and without liability to you, and may require you to obtain and use the most recent version. You are required to update your Application accordingly at your sole expense. You acknowledge that Zingo’s update to an API may adversely affect how your Application communicates with the Site or an Zingo App, and you agree that Zingo will have no liability therefrom. Your use of an API after an update by Zingo constitutes acceptance of the update. Zingo reserves the right to develop products or services that are similar to, or may compete with, any Application. 

2. Restrictions

Accessing and using the Site or any Zingo App through an API is subject to the Site Rules and any additional rules and policies made available by Zingo. 

You agree to do all the following in connection with your access and use of any API or development or use of any Application: (a) comply with the Agreement, the Site Rules, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be made available to you by Zingo from time to time; (b) monitor the use of your Applications for any activity that violates these API Terms; (c) promptly restrict any End Users who violate these API Terms from further use of your Application; and (d) promptly notify Zingo of any violation of these API Terms by you or End Users. 

You agree that neither you, your Application, nor your End Users, will do any of the following in connection with your access or use of any API or development or use of any Application: (a) violate any Site Rule or other rule or policy pertaining to the Site, or any applicable law or regulation; (b) copy, duplicate, modify, or create derivative works of an API, in whole or in part; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code component of any API; (d) remove any proprietary notices from any materials available through any API; (e) make an API or Application available to a third party except as permitted by a written agreement with Zingo; (f) circumvent any limits on API access imposed by Zingo; (g) scrape, build databases, or otherwise create permanent copies of any User Content, except as expressly permitted by the Documentation or Zingo; or (h) modify, misrepresent, or otherwise manipulate data provided by any API.

When reporting Zingo data provided by any API, you agree to accurately represent such data. You agree that such data shall not include: (a) blended third-party fees, including fees from the entity calling the API; (b) data from third parties such as other advertising providers; or (c) sponsored data blended with organic data. If using an API to provide Zingo services to an Employer, you agree to provide accurate reporting to the Employer about the services obtained through the use of the API and the value that the services provided represent. You agree to report data to Employers in an organized and digestible manner that allow Employers to filter and sort categories of data such as clicks, apply starts, media spend, and other metrics.

You agree to provide and adhere to a Privacy Policy for your Application that accurately describes to End Users what user information you collect and how you use and share such information with Zingo and other third parties.

3. Access and API Key

You agree to only access an API by the means described in its Documentation. Zingo may require that you use a password, key or other security device to access an API (“API Key”). Instructions for obtaining an API Key are included in the applicable Documentation. You are responsible for all access to and use of the API under your API Key. You agree to maintain the confidentiality and security of your API Key, to not share it with any third party, and use it only in compliance with these API Terms. You will not misrepresent or mask either your identity or your Application’s identity. The decision to grant you API access or access to an API Key is entirely in Zingo’s sole discretion. Zingo may restrict or terminate your API access or API Key at any time.

4.  Intellectual Property

You understand and acknowledge that Zingo or its affiliates, or its or their licensors, owns all right title and interest to the API, the Site, and Zingo Apps, and all proprietary rights associated therewith. Zingo reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the API, other than your User Content. 

If you provide feedback or suggestions about our APIs, then we may use such information without obligation to you. 

You acknowledge that User Content as defined in the Agreement may be available via the APIs, and that User Content is the sole responsibility of the person who provided it to Zingo. 

5.  Disclaimer and Limitation of Liability

THE SITE, APIS, AND DOCUMENTATION ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APIS AND DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY API. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DO NOT GUARANTEE THAT THE SITE, APIS, DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE AN ZINGO API AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACCESS OR USE.

YOU UNDERSTAND AND AGREE THAT YOU CREATE AN APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR OR ANY OTHER PERSON’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR APPLICATION.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 8 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE API TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE API TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE ZINGO SERVICE GIVING RISE TO THE CLAIM.

6.  Payment

Unless you have a separate written agreement with Zingo, you shall be charged based on your and your End Users’ use of an Zingo App or the Site, in accordance with that Zingo App’s or Site’s Terms of Service and other payment information made available on the Zingo App or Site, and based on Zingo’s measurements of usage. It is your and your End Users’ responsibility to regularly review any Zingo App or the Site in order to obtain the most up to date information regarding payment and how Zingo charges you for your use of Zingo’s products and services.

7.  Cancellation

Unless otherwise stated in an agreement with Zingo, you may cancel this Agreement at any time by ceasing your use of the APIs and deleting your Application. Zingo may discontinue any API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Zingo may immediately cancel the API or these API Terms at any time upon notice. Zingo may modify these API Terms at any time without liability, and your use of an API or Application after notice that these API Terms have changed indicates acceptance of the updated API Terms.

Upon cancellation of this Agreement: (a) your license to access or use any Zingo API immediately expires; and (b) you shall delete your Application and all User Content acquired through the Site or API. You agree that Zingo may notify any End User to provide notice of the cancellation of this Agreement or of your right to use an API. Sections 1, 2, 3, 4, 5, 6, and 8 will survive these API Terms. 

8.  Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your or End Users’ API use, User Content, your Application, or breach of these API Terms.

 

Zingo for Chrome Terms

 

 

Zingo for Chrome terms (“IC Terms”) form a part of, and are incorporated into, the Zingo Terms of Service. By accessing or using Zingo for Chrome in any way or by otherwise accepting these IC Terms, you agree to these IC Terms and to the Zingo Terms of Service (the “Agreement”), which govern use of or access to Zingo Chrome and the Site. Any capitalized terms that are used but not defined in these IC Terms have the meaning set forth in the Agreement. “You” means any Job Seeker, individual or entity that downloads or uses Zingo for Chrome, and/or any agency or network acting on your behalf, which shall also be bound by these IC Terms.

1. Introduction

Zingo for Chrome is a browser extension developed by Zingo, which can be downloaded from the Google Chrome Web Store. Zingo for Chrome serves as a free extension that allows You to utilize Zingo job-seeking functions from an extension window. Zingo for Chrome allows You to save jobs directly on the extension, and automatically recognizes many job postings. Zingo for Chrome recognizes job details, including title, company name, location, and post URL. If a job is saved, the relevant information is automatically filled into the job details fields. Further details and information can be manually entered by You, directly on the extension. Zingo for Chrome also allows access to notifications and messages present on your Zingo account. Zingo for Chrome may recognize when you are searching for jobs on third party sites and may display additional job listings in web pages in your browser.

By installing Zingo for Chrome, you agree to Zingo’s collection of data relating to your visit to third party sites, as described in Zingo’s Privacy Policy. Such data may include job postings that you save, notes or applications statuses that you save or update, or data regarding how you engage with websites or other actions you take on such website, including URLs of websites you visit.

2. Disclaimer and Limitation of Liability

ZINGO’S PROVISION OF ZINGO FOR CHROME AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO ZINGO FOR CHROME AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO ZINGO IS VALID, THAT ANY EMAIL SENT BY ZINGO AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. YOU USE ZINGO, THE SITE, AND ZINGO FOR CHROME AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR ZINGO FOR CHROME WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 3, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IC TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IC TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE ZINGO SERVICE GIVING RISE TO THE CLAIM.

3. Indemnification

You agree to defend, indemnify and hold harmless Zingo from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Zingo for Chrome or the Site; (c) your loss of, or disclosure of, information gained from using Zingo for Chrome or the Site; (d) your violation of any applicable laws or regulations, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend Zingo against such claims. You agree that this indemnity extends to requiring you to pay for Zingo’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Zingo for Chrome.

4. Termination

Zingo may suspend Zingo for Chrome, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Zingo at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Zingo Hiring Events Program Terms

 

 

These Zingo Hiring Events Program terms (“IHEP Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to any Employer who accesses or uses the Zingo Hiring Events Program, Hiring Center, or related services, or who otherwise indicates its acceptance of these IHEP Terms. By accessing or using the Zingo Hiring Events Program, Hiring Center, or related services, or by otherwise accepting these IHEP Terms, you agree to these IHEP Terms and to the Zingo Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these IHEP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Zingo Hiring Events Program (“Program”) on or through the Site is subject to all applicable Zingo terms and policies, including without limitation the Zingo Privacy Policy and those instructions provided on the Site. Zingo policies may be modified at any time. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.

By using the Program and accepting these IHEP Terms you acknowledge and agree that you are asking Zingo to do the following: 1) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ad campaign, using information such as the number of RSVPs, 2) include an RSVP function on the Site for a hiring event (“Event”) corresponding with each of your Job Ads or Listings, 3) receive from Job Seekers RSVPs to your Event(s), 4) send to you and/or other persons you identify information provided by a Job Seeker who RSVPs to your Event(s), and 5) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that Zingo send you and other persons you identify information provided by a Job Seeker who RSVPs to the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.

With regards to any Job Ad posted on Zingo via the Program, including any Job Ad of your Event posted in Zingo’s discretion, you agree that such Job Ad shall be subject to the Zingo Ads Program terms and the Zingo Targeted Ads Program terms, and the Zingo Ads Program terms and Zingo Targeted Ads Program terms are incorporated herein.

You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, the Event location, your attendees at the Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with Zingo is collected in accordance with local privacy rules. Moreover, you grant to Zingo, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or Zingo marketing materials, or actions by Zingo to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that Zingo may promote your Job Listing or Job Ad through any method in Zingo’s sole discretion, including but not limited to targeted advertising or using keywords in third-party internet search engine. You further acknowledge and agree that Zingo is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event and that you are solely responsible for so doing.

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Zingo, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, Zingo will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and Zingo, for RSVPs, clicks, applies or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. Zingo may reach out to Job Seekers to communicate your Event cancellation. Zingo may immediately cancel the Program, any part thereof, or these IHEPP Terms at any time upon notice. Zingo may modify the Program or these IHEP Terms at any time without liability, and your use of the Program after notice that these IHEP Terms have changed indicates acceptance of the updated IHEP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IHEP Terms.

3. Prohibited Uses

You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that (x) all your information and any and all information you provide to Zingo is correct and current; (y) you hold and grant Zingo and Partners all rights to copy, distribute, and display Job Listings or Job Ads (“Use”); and (z) such Use and websites linked from your Jobs Listings or Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IHEP Terms or your account without notice, and may subject you to legal penalties and consequences. Zingo or Partners may reject or remove any Job Listing, Job Ad, or content therein, and Zingo may disable any Employer’s account, for any or no reason without notice.

4. Disclaimer and Limitation of Liability

ZINGO’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ZINGO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Zingo and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per RSVP, click, apply, or impression, (ii) RSVP rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions on any Partner Property or Zingo Property or sections of such properties, (iv) RSVPs, clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IHEP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IHEP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Zingo, and based on clicks, RSVPs, applies or impressions (distributed within your budget in Zingo’s sole discretion) and platform fee, if applicable. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event. If your Zingo employer account has a credit card on file for the Zingo Ads Program or any other Zingo service, we will charge that same credit card for your Zingo Hiring Events RSVPs, if applicable.

If you are located in the United States, you shall pay all applicable charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Zingo incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Zingo products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Zingo’s click, RSVP, apply, or impression measurements. Zingo’s determination of number of clicks, RSVPs, applies or impressions shall be binding. Refunds (if any) are at the absolute discretion of Zingo and only in the form of advertising credit for Zingo Property. If you are removed from Zingo, but have previously spent on Zingo, you are not entitled to a refund of previously spent amounts.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zingo and servicing your account. Zingo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Zingo shall not be liable for any use or disclosure of such information by such third parties.

All withholding tax remittances to the government are your sole responsibility and Zingo shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Zingo product, Zingo reserves the right to suspend or terminate your use of that Zingo product as well as any other Zingo product, including but not limited to those Zingo products where you do not have an unpaid invoice or account balance.

6. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these IHEP Terms.

 

Zingo Hiring Platform Terms

These Zingo Hiring Platform terms (“IHP Terms”) for a part of, and are incorporated into the Zingo Terms of Service, and apply to any Employer or Job Seeker who accesses or uses the Zingo Hiring Platform or related services, or who otherwise indicates its acceptance of these IHP Terms. By accessing or using the Zingo Hiring Platform or related services or otherwise accepting these IHP Terms, you agree to these IHP Terms and to the Zingo Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these IHP Terms have the meaning set forth in the Agreement.

1. The Program

Zingo Hiring Platform is a platform designed to automate and streamline your hiring and employment decision-making processes by allowing users access to various products such as Zingo Interview or related services (“Program”). You understand that use of Zingo Hiring Platform and related products is at your sole discretion and such tools are applied to your hiring process and job openings in the method and manner that you decide. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING YOUR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT YOU MUST INDEMNIFY ZINGO AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF ZINGO HIRING PLATFORM OR SIMILAR PRODUCTS. ZINGO DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Zingo makes no representation that Zingo or its affiliates are an employment agency by offering Zingo Hiring Platform and related tools. You understand that Zingo is not procuring employees for you or opportunities for Job Seekers.

By using the Program and accepting these IHP Terms you acknowledge and agree that you are asking Zingo to do the following: 1) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ad campaign, using information such as the number of RSVPs, 2) include an RSVP function on the Site for a hiring event, interview session or interview post (“Event”) corresponding with each of your Job Ads or Listings, 3) receive from Job Seekers RSVPs to your Event(s), 4) add any screening tools you choose, including, but not limited to screening questions, evaluation methods, and Assessments, 5) send to you and/or other persons you identify information provided by a Job Seeker who RSVPs to your Event(s), and 6) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that Zingo send you and other persons you identify information provided by a Job Seeker who RSVPs to the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.

With regards to any Job Ad posted on Zingo via the Program, including any Job Ad of your Event posted in Zingo’s discretion, you agree that such Job Ad shall be subject to the Zingo Ads Program terms and the Zingo Targeted Ads Program terms, and the Zingo Ads Program terms and Zingo Targeted Ads Program terms are incorporated herein. Likewise, your use of any tools offered by Zingo is subject to the applicable Terms of Service. For example, using Assessments is subject to the Zingo Assessments Terms.

You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, Assessments, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, the Event location, your attendees at the Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with Zingo is collected in accordance with local privacy rules. Moreover, you grant to Zingo, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or Zingo marketing materials, or actions by Zingo to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that Zingo may promote your Job Listing or Job Ad through any method in Zingo’s sole discretion, including but not limited to targeted advertising, on third party websites, including, but not limited to apps, or using keywords in third-party internet search engines. You further acknowledge and agree that Zingo is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event and that you are solely responsible for so doing.

When Job Seekers apply or RSVP to your job listing, Zingo may request that they provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By using the Program, you agree that Zingo may collect Demographic Information from Job Seekers applying to your job listing, and that Zingo may use it to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access any Job Seeker’s Demographic Information without their permission. You agree you are solely responsible for complying with applicable nondiscrimination laws. Zingo disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Zingo, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, Zingo will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and Zingo, for RSVPs, clicks, applies or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. Zingo may reach out to Job Seekers to communicate your Event cancellation. Zingo may immediately cancel the Program, any part thereof, or these IHP Terms at any time upon notice. Zingo may modify the Program or these IHP Terms at any time without liability, and your use of the Program after notice that these IHP Terms have changed indicates acceptance of the updated IHP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IHP Terms.

3. Prohibited Uses

You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that all your information and any and all information you provide to Zingo is correct and current; you hold and grant Zingo and Partners all rights to copy, distribute, and display Job Listings or Job Ads (“Use”); and (z) such Use and websites linked from your Jobs Listings or Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IHPTerms or your account without notice, and may subject you to legal penalties and consequences. Zingo or Partners may reject or remove any Job Listing, Job Ad, or content therein, and Zingo may disable any Employer’s account, for any or no reason without notice.

4. Disclaimer and Limitation of Liability

ZINGO’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY,  MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ZINGO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.  Zingo and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: costs per RSVP, click, apply, or impression, (ii) RSVP rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions on any Partner Property or Zingo Property or sections of such properties, (iv) RSVPs, clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IHPTERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IHPTERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Zingo, and based on clicks, RSVPs, applies or impressions (distributed within your budget in Zingo’s sole discretion) and platform fee, if applicable. Zingo may offer a subscription payment option wherein you will be charged as indicated in an insertion order. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event. If your Zingo employer account has a credit card on file for the Zingo Ads Program or any other Zingo service, we will charge that same credit card for your Zingo Hiring Platform RSVPs, if applicable.

If you are located in the United States, you shall pay all applicable charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes and government charges, and (z) reasonable expenses and attorney fees Zingo incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Zingo products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Zingo’s click, RSVP, apply, or impression measurements. Zingo’s determination of number of clicks, RSVPs, applies or impressions shall be binding. Refunds (if any) are at the absolute discretion of Zingo and only in the form of advertising credit for Zingo Property. If you are removed from Zingo, but have previously spent on Zingo, you are not entitled to a refund of previously spent amounts.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zingo and servicing your account. Zingo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Zingo shall not be liable for any use or disclosure of such information by such third parties.

All withholding tax remittances to the government are your sole responsibility and Zingo shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Zingo product, Zingo reserves the right to suspend or terminate your use of that Zingo product as well as any other Zingo product, including but not limited to those Zingo products where you do not have an unpaid invoice or account balance.

6. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these IHP Terms.

 

Zingo IQ Tool Terms

 

These Zingo IQ Tool Program terms (“Zingo IQ Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to any Employer that accesses or uses the Zingo IQ tool, or that otherwise indicates its acceptance of these Zingo IQ Terms. By accessing or using the Zingo IQ Tool or by otherwise accepting these Zingo IQ Terms, you agree to these Zingo IQ Terms and to the Zingo Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these Zingo IQ Terms have the meaning set forth in the Agreement. 

1. The Tool

Use of the Zingo IQ Tool and Services (collectively “Zingo IQ”) on or through the Site is subject to all applicable Zingo terms and policies, including without limitation the Zingo Privacy Policy and those instructions provided on the Site, if you are using Zingo IQ through our on-line forms. Zingo policies may be modified at any time.

Zingo will supply the services to you in accordance with the Insertion Order(s) (IO) in all material respects. Any performance dates specified in the IO shall be estimates only. Zingo shall have the right to make any changes to the services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the services, and Zingo shall notify you in such event. 

You will provide Zingo with such information and materials as Zingo may reasonably require in order to supply the services, and ensure that such information is accurate in all material respects; obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the services are to start and comply with any additional obligations as set out in the IO. 

You shall maintain sole responsibility for all ad or job content and target URLs, whether generated by or for you, and websites proximately reachable from URLs and your services and products (“Creative”). If Zingo is unable to perform due to any act or omission by you, Zingo may, in its sole discretion, suspend performance of the services until you provide a remedy. Zingo may rely on you to relieve it from the performance of any of its obligations to the extent you prevent or delay Zingo’s performance; Zingo will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Zingo’s failure or delay to perform any of its obligations as set out in this clause; and you will reimburse Zingo on written demand for any costs or losses sustained or incurred by Zingo arising directly or indirectly from you.

Further, you authorize Zingo to implement such campaign plans and media schedules for time, space and other facilities as the tool shall determine, subject to your spend.

2. Tool License

Zingo grants you a non-exclusive right to permit additional users to use the tool during the term of the agreement (Authorized Users). You shall not transfer or sublicense the right without the prior written consent of Zingo. In relation to the Authorized Users, you undertake that: (a) the maximum number of Authorized Users that you authorize to access and use the tool shall not exceed the number of user subscriptions you have been granted by Zingo from time to time; (b) you will not allow or suffer any user subscription to be used by more than one individual Authorized User unless it has been reassigned in its entirety to another individual Authorized User, in which case the prior Authorized User shall no longer have any right to access or use the tool; and (c) each Authorized User shall keep a secure password for his use of the tool and that each Authorized User shall keep his password confidential. 

You shall use all reasonable endeavours to prevent any unauthorized access to, or use of, the tool and, in the event of any such unauthorized access or use, promptly notify Zingo. The rights provided under this clause are granted to you only, and shall not be considered granted to any subsidiary or holding company of you. 

3. Cancellations and Amendments

Zingo reserves the right, without prior notice to you, to (a) refuse or cancel any advertisement without giving a reason or (b) to alter, cancel or postpone the publication of any advertisement.

In such circumstances Zingo will return any monies paid by you in respect of such advertisement. If you cancel or amend any specific IO, it must be done so in writing and you shall pay to Zingo: the charges in respect of any such services; any charges or expenses incurred by Zingo or to which Zingo is committed in respect of any such services; any charges imposed on Zingo by third parties arising from the cancellation or amendment. For the avoidance of doubt, this clause shall not be construed to permit termination of the agreement, which shall be governed by these terms and conditions

4. Disclaimer and Limitation of Liability

ZINGO’S PROVISION OF THE TOOL, SITE AND SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO ZINGO IQ AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ZINGO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Zingo and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Publisher Property or Zingo Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile. CLICKS ARE ANONYMOUS AND ZINGO HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Intellectual Property

You acknowledge and agree that Zingo and/or its licensors own all intellectual property rights in the tool. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the tool. You grant Zingo the right free of charge to use such of your Intellectual Property Rights as Zingo shall consider necessary to provide the services. Zingo shall have a continuing right to use such rights for the purposes of promoting Zingo and its services. You shall ensure that any domain names or Intellectual Property Rights used in connection with the services do not infringe any third party rights and you shall indemnify and hold harmless Zingo, its agents and employees from any liability, cost, loss, damages, award, settlement or other expense of any kind (including legal and professional fees) arising from any claim, demand or action alleging that such domain names or Intellectual Property Rights infringe any third party rights.

6. Payment

You shall be charged based on (a) any commission or other charges specified in the IO; (b) all media time and space at the published rates from time to time; (c) the cost of any services provided by third parties and required by Zingo for the performance of the services; and (d) the cost of any materials. Zingo shall not incur charges in respect of the items described in excess of the amount specified by you from time to time. For the avoidance of doubt, any commission and other charges specified in the IO shall be charged to you by Zingo in addition to your campaign spending budget. All media costs will be billed and paid in such a manner as to assure You will achieve available discounts (volume or otherwise) applicable to purchases made by Zingo on behalf of You and actually received by You. For the avoidance of doubt, any discounts applicable to your media spend will be used to the benefit of you, unless otherwise agreed in writing by you and Zingo. 

If a third party media provider issues any statement, determination or notification of costs which reflects an amount higher than any statement given via the tool, it shall be conclusive evidence (in the absence of manifest error) of the media spend in relation to that media provider for the services to which such statement, determination or notification relates notwithstanding any indication or statement to the contrary given via the tool. For example, if the tool states that an advertisement has received 90 clicks but a media provider issues a statement that the same advertisement has received 100 clicks, the media provider’s statement shall be final and the charges shall be calculated on the basis of the media provider’s statement.

The cost to Zingo of media, services or materials purchased overseas may be more or less than the cost anticipated at the date Zingo orders the relevant media, services or materials as a result of fluctuations in the rate of currency exchange. Zingo will charge you at the rate of currency exchange on the date Zingo pays for the relevant media, services or materials.

Zingo shall invoice you in accordance with the IO. You agree that Zingo may receive invoices from media publishers on your behalf. Where required by law, Zingo shall make media publisher invoices available to you upon your request. Zingo may also cause media publishers to invoice you directly.

If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Zingo’s discretion. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate.

You shall pay each invoice submitted by Zingo: within 30 days of the date of the invoice; and in full and in cleared funds to a bank account nominated in writing by Zingo, and time for payment shall be of the essence of the agreement.

You shall pay all amounts due under the agreement in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Zingo may at any time, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by Zingo to you.

7. Termination

Without limiting its other rights or remedies and subject to any fixed term specified in the IO, either party may terminate the agreement by giving the other party 2 months’ written notice.

Without limiting its other rights or remedies, either party may terminate the agreement with immediate effect by giving written notice to the other party if: the other party commits a material breach of any term of the agreement and (if such a breach is remediable) fails to remedy that breach within 20 Business Days of that party being notified in writing to do so; the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the agreement has been placed in jeopardy.

Without limiting its other rights or remedies, Zingo may terminate the agreement with immediate effect by giving written notice to you if: you fail to pay any amount due under the agreement on the due date for payment and remains in default not less than 45 days after being notified to make such payment; you object to the appointment of an additional or replacement sub-processor; or there is a change of Control.

Zingo may terminate the agreement with immediate effect by giving written notice to you if you fail to provide advance payments within 14 days of Zingo’s written request. Without limiting its other rights or remedies, Zingo may suspend provision of the services if you fail to pay any amount due under this agreement on the due date for payment, or if you object to the appointment of an additional or replacement sub-processor.

8. Consequences of Termination

On termination of the agreement for any reason: you shall immediately pay to Zingo all of Zingo’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, Zingo shall submit an invoice, which shall be payable by you immediately on receipt; you shall return all of the Zingo materials and any deliverables which have not been fully paid for; the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry; and clauses which expressly or by implication survive termination shall continue in full force and effect.

Upon termination of the agreement and payment by you of all charges due, Zingo will give you reasonable cooperation in transferring, subject to the approval of third parties where required, all reservations, contracts and arrangements with media or other suppliers yet to be completed and subject to all rights and claims thereto.

Following termination of the agreement, you shall not use any campaign plan, media schedule or other deliverables prepared by Zingo for you without the prior written consent of Zingo. Zingo shall be entitled to charge a licence fee or royalties in respect of any such campaign plan, media schedule or deliverables. 

9. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, licensors, employees and Publishers from any third party claim or liability (including without limitation reasonable legal fees) arising out of your: use of Zingo IQ, Creative, site or services, or breach of these Terms, including but not limited to any claim, demand or action alleging that any advertisement or deliverable is contrary to any law, code or regulation.

10. Confidentiality

You agree and acknowledge that you may not disclose to any person any Zingo Confidential Information concerning the business affairs, customers, clients or suppliers of Zingo unless such disclosure is necessary for performance of Zingo services without prior written consent.  “Zingo Confidential Information” includes without limitation: (a) all Zingo software, technology, programming, specifications, materials, guidelines and documentation relating to Zingo IQ; (b) click-through rates or other performance statistics relating to Zingo IQ provided to you by Zingo; and (c) any other information designated in writing by Zingo as “Confidential” or an equivalent designation.

Further, you agree to only use Zingo Confidential Information for performing your obligations. Nothing in the agreement shall prohibit Zingo from using as it sees fit any general marketing or advertising intelligence gained by Zingo in the course of providing the services.

 

Zingo Vulnerability Reward Program

 

 

Program Description

As part of Zingo’s commitment to the security of our Job Seekers, advertisers, and publishers, we partnered with Bugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an Zingo product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in Zingo’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.

Legal Notes

Zingo will not issue rewards to researchers from countries on sanctions lists (e.g. – Cuba, Iran, North Korea, Sudan, and Syria). There may be additional restrictions on your ability to enter depending upon your local laws. Your testing must not violate any law, or disrupt or compromise any data that is not your own.

 

ZapInfo Terms

 

These ZapInfo terms (“ZapInfo Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to any Employer who accesses or uses the ZapInfo Service (defined below), or who otherwise indicates its acceptance of these ZapInfo Terms. By accessing or using the ZapInfo Service or by otherwise accepting these ZapInfo Terms, you agree to these ZapInfo Terms and to the Zingo Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these ZapInfo Terms have the meaning set forth in the Agreement.

1. The ZapInfo Service

Use of ZapInfo service, whether provided in the form of a website, app, or browser extension (collectively the “ZapInfo Service”) by an Employer is subject to all applicable Zingo rules, guidelines, policies and other terms and conditions made available to you, including through the Site and on any FAQ and information page(s) provided by Zingo, any or all of which may be modified at any time. 

The ZapInfo Service contains a tool permitting Employers to copy and store candidate information as they select, and that Zingo does not play a role in the selection, evaluation, or assembly of such information beyond providing the ZapInfo Service. The ZapInfo Service does not request or source any candidate information from third parties, but only stores information provided by the Employer. You are responsible for, and Zingo disclaims any warranty with regard to, the accuracy, timeliness, usefulness, or availability of any candidate information you store in the ZapInfo Service. 

Zingo does not inquire into the backgrounds of Job Seekers or attempt to verify any information you store in the ZapInfo Service. Zingo’s role is limited to storing the information you select. Any determination regarding whether that information is accurate, whether it pertains to a given Job Seeker, or whether it indicates a Job Seeker is qualified for a job, is made solely by you as an Employer. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Job Seeker. 

The ZapInfo Service may also contain a tool assisting Employers in writing and submitting queries to third-party search engines (“Search Builder”). The Search Builder is provided without warranty and Zingo makes no guarantee regarding the availability, accuracy, or reliability of any third-party search engine or any information obtained through use of the Search Builder. 

The ZapInfo Service may offer access to integrations permitting Employers to transmit information into their account held with an Applicant Tracking System or other third-party service (“ZapInfo Integrations”). Zingo makes no guarantee that any ZapInfo Integration will be or continue to be available. All ZapInfo Integrations are presented without warranty and are provided on an “as is” and “as available” basis only, and Zingo disclaims all liability for any unavailability or technical malfunction of any such integration, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from any such integration. 

The ZapInfo Service may provide functionality that allows you to upload information about job applicants to Zingo and to interact with these individuals and direct Zingo to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information You provide or otherwise make available to Zingo through our Candidate Import service includes Client Personal Data, you instruct Zingo to process such information on your behalf pursuant to this Agreement and the Data Processing Addendum; Client Personal Data and Zingo as used in this sentence shall have the meanings given to them in the Data Processing Addendum. By using Candidate Import, You represent and warrant that you have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection law for You to provide or otherwise make available Client Personal Data to Zingo using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to Zingo using Candidate Import has exercised any right or made any request to You that would prevent or otherwise limit your ability to share such individual’s Personal Data with Zingo for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with Zingo (in accordance with Zingo’s Terms and Privacy Policy) and that Zingo may contact them over email as part of your hiring process, including requesting them to create an account with Zingo. You agree to defend and indemnify Zingo for any breach of the foregoing sentence.

The ZapInfo Service may be provided in the form of a Chrome extension. By installing the extension, you agree to Zingo’s collection of data relating to your visit to third party sites, as described in Zingo’s Privacy Policy. Such data may include candidate information that you save, notes that you save or update, or data regarding how you engage with websites or other actions you take on such websites, including URLs of websites you visit. 

2. Privacy

Your use of the ZapInfo Service is subject to Zingo’s Privacy Policy.  You further acknowledge and agree that you are solely responsible for any access to information stored in your account that you give to third parties via ZapInfo Integrations, and for ensuring all such access complies with applicable state, federal, and national laws and regulations.

3. Fees

ZapInfo is currently free for Employers. Zingo may, in its sole discretion and at any time, end Employers’ free use of ZapInfo and begin to charge Employers to use ZapInfo as a standalone product or in conjunction with an Employer’s use of any other Zingo product.

4. Rules; Employer Representations and Warranties

Your use of the ZapInfo Service is subject to the Agreement, including without limitation the Zingo Site Rules. You represent and warrant to Zingo that: a) that all information you provide to Zingo is correct and current; b) you will only use the ZapInfo Service in accordance with all applicable laws, rules, and regulations; c) your use of the ZapInfo Service will not violate the rights of any person, including without limitation any privacy rights or any rights under the Fair Credit Reporting Act. 

5. Disclaimer and Limitation of Liability

ZINGO’S PROVISION OF THE ZAPINFO SERVICE AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE ZAPINFO SERVICE AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY INFORMATION THAT YOU VIEW, COLLECT, OR STORE IS ACCURATE. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE ZAPINFO SERVICE AND THE SITE AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR THE ZAPINFO SERVICE  WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 

EXCEPT FOR FOR ANY BREACH BY YOU OF SECTION 6 HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE ZAPINFO TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE ZAPINFO TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE ZINGO SERVICE GIVING RISE TO THE CLAIM.

6. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your breach of these Terms, your installation or use of the ZapInfo Service, or any information you view, collect, or store through the ZapInfo Service. 

7. Termination

Zingo may suspend the ZapInfo Service, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Zingo at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Zingo Business Perks Participant Terms

 

These Zingo Business Perks Participant terms (“Participant Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to any individual or entity registering as a vendor or participant in the Zingo Business Perks program, or who otherwise indicates their acceptance of these Participant Terms (“Participant” or “you”). By accessing or using the Zingo Business Perks program or by otherwise accepting these Participant Terms, you agree to these Participant Terms and to the Zingo Terms of Service (the “Agreement”). Any capitalized terms that are used but not defined in these Participant Terms have the meaning set forth in the Agreement.

1. The Program

Zingo may offer Participants the opportunity to apply to have advertising materials including images, text, and information about Participant’s product or service (“Participant Listings”) included in the Business Perks program. Participant is responsible for providing accurate information in its Participant Listing. If any information is inaccurate or needs to be updated or modified, Participant will promptly provide Zingo with corrections, updates, or modifications. By submitting a Participant Listing to Zingo, you are requesting that Zingo display your Participant Listing in the Zingo Business Perks program for display to users visiting the Site (“End Users”). 

Participation in the Zingo Business Perks program is subject to Zingo’s approval, and Zingo may in its sole discretion reject any Participant, Participant Listing, or site, in whole or in part, for any or no reason, at any time. Use of Zingo Business Perks and the Site is subject to all applicable Zingo terms and policies, including without limitation the Agreement and the Zingo Cookie Policy and Privacy Policy. Zingo policies may be modified at any time.  

Participant agrees that Zingo may reformat and host (but not change the content of) the Participant Listing on the Site in any way Zingo sees fit. Distribution and placement of Participant Listings is at Zingo’s sole discretion and may vary depending on demand, industry, sponsorship, and other considerations. Zingo does not guarantee performance or placement of any Participant Listing. Participant agrees that Zingo may display markings (such as “featured” or “preferred”) in connection with any Participant Listing, and that such markings are without warranty. 

2. Landing Page 

Participant shall have the sole right and responsibility of creating and maintaining a web page permitting End Users to purchase the goods or services described in the Participant Listing (“Landing Page”). Participant is solely responsible for maintaining and supporting the Landing Page, and for providing End Users with such goods and services. 

The Landing Page shall be operated in compliance with all applicable laws. Participant shall protect any End User’s information it collects in connection with participation in Zingo Business Perks, including without limitation personal data, from unauthorized access or use, and will promptly report to End Users any unauthorized access or use of such information. Participant may not sell any data provided by Zingo or collected from End Users. In addition, Participant may not license, share or transfer any such data to a third party unless it is necessary solely for providing the functionality of the Participant Listing or Landing Page and, in such case, only in accordance with (i) applicable laws and (ii) any representations, statements and agreements Participant has made to End Users. 

Participant is responsible for the content in its Participant Listing, Landing Page, and any websites proximately reachable from the foregoing, whether generated by or for Participant, including without limitation the accuracy, legality, and appropriateness of such content. Participant represents and warrants that all Participant’s information is correct and current, and that neither Zingo’s use of such information, nor any Participant Listing or Landing Page, will violate or encourage violation of any applicable laws. All Participant Listings submitted to Zingo will be considered User Content under the Agreement, and must comply with the Rules for Using our Site contained therein. 

Participant bears full responsibility and risk and liability for all aspects of the conduct and operations of its business including, but not limited to, (i) offers of all products and services sold or licensed on Participant Listing and its Landing Page; (ii) its relationship with visitors and users of its website, vendors, licensees, licensors, regulatory agencies, governmental bodies and other third parties; and (iii) its relationship with its customers, including, but not limited to, End Users. Zingo may identify Participant as the party responsible for the Participant Listing and Landing Page, including without limitation referring End User complaints to Participant.

3. Referrals 

Participant may refer to Zingo sales leads for new customer subscription of Zingo’s products or services (“Proposed Leads”). Zingo shall compensate Participant, in accordance with a Fee Schedule signed by Zingo and Participant, for Proposed Leads that are accepted by Zingo and result in a new customer subscription for Zingo’s products or services. Zingo will be under no obligation to accept any Proposed Lead and may reject or decline to accept any Proposed Lead for any or no reason, as determined by Zingo in its sole discretion, including without limitation, that: (i) the Proposed Lead was an existing customer of Zingo at the time of the referral by Participant;? (ii) Participant was already involved in discussions relating to the sale of Zingo’s products or services to the Proposed Lead at the time of the referral to Zingo; or (iii) the Proposed Lead had previously been referred to Zingo by Participant or by any other third party. 

4. Prohibited Uses

Participant Listings, Landing Pages, and related materials may not contain or promote anything illegal or in violation of the Rules for Using Our Site contained in the Agreement. Participant shall not, and shall not authorize any party to: (i) generate automated, fraudulent or otherwise invalid impressions or clicks; (ii) reverse engineer, disassemble or decompile any Zingo code or technology used in connection with the Site; or (iii) take any action that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of Zingo or of any end user or other third party. 

Participant acknowledges and agrees that: (i) Zingo may use technological measures and other lawful measures to verify Participant’s compliance with the terms of the Agreement and enforce Zingo’s rights; (ii) Zingo may deny any person access to and/or use of the Site; and (iii) in the course of providing Zingo Business Perks Zingo and its representatives may collect, maintain, process, and use diagnostic, technical, usage, and related information, including but not limited to use of the Participant Listing. This information will be processed and analyzed in accordance with the Agreement and the Zingo Privacy Policy. By accessing, using and providing information to or through Zingo Business Perks, Participant agrees to all such actions taken by Zingo with respect to Participant’s information. Zingo also reserves the right to access and use the Participant Listing, and Participant shall not interfere with such access and use of the Participant Listing. 

Participant shall not send any marketing message to an End User without such End User’s explicit written consent, and Participant shall immediately honor any End User’s request to revoke such consent. Participant shall not offer, sell or market any product or service to an End user other than the Participant Listing until and unless such End User or Zingo subsequently requests further or additional information. 

Participant shall not under any circumstances send to any person any call or text message that mentions, refers to, endorses, or is in any way related to Zingo or the Business Perks program.

5. Fees & Payment

Participant shall receive a commission payment with respect to valid clicks (as determined solely by Zingo, and subject to any cap amounts determined solely by Zingo) in relation to Participant Listing displayed on Zingo Business Perks pursuant to the Fee Schedule attached hereto and incorporated herein in all respects by reference. PARTICIPANT ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH CLICKS AND SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY ZINGO, IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY ZINGO IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Participant also acknowledges and agrees that any billing and payment information that Participant provides to Zingo may be shared by Zingo with companies who work on Zingo’s behalf, such as payment processors, solely for the purposes of effecting payment to Participant and servicing its account. Participant shall not be compensated for any transactions generated by Participant or any party acting on Participant’s behalf. In addition, Zingo shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Zingo or if Participant is in breach of these Participant Terms. In addition and not in limitation to the above, Participant shall refund the share of that revenue paid to Participant, if caused by artificial or fraudulent impressions. No dashboard or any other view of any click count shall be considered as contractually binding on Zingo. All commission amounts may be subject to an overall commission cap, in Zingo’s sole discretion, and subject to change at any time. Payments are inclusive of all taxes, including VAT. 

6. Intellectual Property

Participant hereby grants Zingo permission to refer to Participant and its websites in Zingo’s marketing materials, wherever such marketing materials shall appear. In addition, if Participant creates or manages a webpage on its site that includes list of companies that have a business relationship with Participant, Participant must include Zingo on such webpage during the term of the Agreement and shall use Zingo’s logo as set forth on https://www.Zingo.com/p/jobsearch.gif, in compliance with the Agreement. 

Under no circumstances may Participant impersonate or act as Zingo on any site (which shall include bidding on Zingo’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Participant represents and warrants to Zingo that any marketing performed by Participant will comply with all laws of the jurisdiction in which the marketing is conducted, including but not limited to email, text messaging and general advertising laws. Participant agrees not to make any representations, guarantees or warranties (i) that violate any laws or regulations, including any false advertising or consumer protection laws, (ii) with respect to Zingo, Zingo Business Perks, or Zingo’s product or services, or (iii) by Zingo or on behalf of Zingo. 

Except as expressly permitted by this Agreement, Participant shall not make or cause to be made, any statement, public announcement, public filing, claim or representation of a business relationship with Zingo without the express prior written consent of Zingo in each instance, and shall not send marketing messages to end users within any product experience integrated with Zingo products without the explicit written consent of Zingo. Participant shall not be permitted to send text messages on behalf of Zingo.

7. Cancellation

Participant may request removal of its Participant Listing from Zingo Business Perks by giving notice to Zingo (such request is generally implemented within 2 business days). Participant may terminate its participation in the Program for any or no reason at any time, with thirty (30) days prior written notice.  Zingo may immediately cancel the Business Perks Program or these Participant Terms at any time upon notice. Zingo may remove or cancel any Participant Listing, terminate or suspend these Participant Terms, any rights granted herein, Zingo Business Perks and Participant’s rights under these Participant Terms, or revoke access to Zingo Business Perks, in Zingo’s sole discretion at any time and for any reason. Zingo may modify the Program or these Participant Terms at any time without liability, and your use of the Program after notice that these Participant Terms have changed indicates acceptance of the updated Participant Terms. Regardless of cancellation, Participant shall continue to honor for End Users the terms of any applicable offers contained in Participant Listings. Zingo may in its sole discretion provide a notice of cancellation to End Users. Sections 1, 2, 4, 5, 7, 8, 9, and 10 will survive any cancellation or termination of these Participant Terms.

8. Disclaimer and Limitation of Liability

THE ZINGO BUSINESS PERKS PROGRAM AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE BUSINESS PERKS PROGRAM AND PARTICIPANT’S USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE ZINGO BUSINESS PERKS PROGRAM AND THE SITE AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR THE ZINGO BUSINESS PERKS PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 

Zingo and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) click through rates, (ii) clicks, (iii) conversions for any Participant Listing, or (vi) interest in any Participant Listing. Zingo does not commit to provide, guarantee or make representation regarding the volume of impressions, click delivery, referrals, sales, or traffic to Participant’s website or Landing Page. 

ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, MAKE NO WARRANTY OF ANY KIND THAT ZINGO BUSINESS PERKS OR ANY MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, SERVICES OR PRODUCTS OR RESULTS OF THE USE OF OR AVAILABLE ON OR THROUGH ZINGO BUSINESS PERKS WILL MEET PARTICIPANT’S OR ANY OTHER PERSON’S REQUIREMENTS (INCLUDING WARRANTIES REGARDING RELIABILITY, TIMELINESS AND PERFORMANCE), OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF PARTICIPANT’S OR ANY THIRD PARTY’S SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ZINGO HAS NO RESPONSIBILITY FOR CONFIRMING ANY END USER’S IDENTITY. A CLICK ON A PARTICIPANT LISTING DOES NOT GUARANTEE INTEREST. ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ZINGO BUSINESS PERKS.

PARTICIPANT UNDERSTANDs AND AGREES THAT PARTICIPANT ACCESSES AND USES ZINGO BUSINESS PERKS AT ITS OWN DISCRETION AND RISK AND THAT PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO PARTICIPANT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACCESS OR USE. PARTICIPANT UNDERSTANDS AND AGREES THAT PARTICIPANT CREATES A PARTICIPANT LISTING AT ITS OWN DISCRETION AND RISK AND THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS OR ANY OTHER PERSON’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM PARTICIPANT’S PARTICIPANT LISTING.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 9 HEREUNDER, AND FOR ANY BREACH BY PARTICIPANT OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE PARTICIPANT TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE PARTICIPANT TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY PARTICIPANT FOR THE PARTICIPANT LISTING GIVING RISE TO THE CLAIM.

9. Indemnification

Participant agrees to indemnify, defend and hold harmless Zingo, its agents, affiliates, and licensors, from any third party claim or liability (including without limitation reasonable legal fees) arising out of participation in the Business Perks program, Participant Listing or other materials provided to Zingo, any communications with End Users, or breach of these Participant Terms.

10. Governing Law and Dispute Resolution

These Participant Terms and any dispute arising out of or in connection with these Participant Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Participant Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Austin, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Austin, Texas, U.S.A.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these Participant Terms, if you are located in the United States.

11. Class Action Waiver

By using the Site and in return for the services offered by Zingo, Participant acknowledges that Zingo can only offer the Business Perks program under the terms and conditions as presented herein. As partial consideration for Participant’s use of the Site and these services, Participant agrees not to sue Zingo as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Zingo. Nothing in this paragraph, however, limits Participant’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 10 above.

 

Beta Terms of Service

 

 

Last Updated: July 20, 2021

These Zingo Beta Product Terms of Service (“IBP Terms”) form a part of, and are incorporated into, the Zingo Terms of Service, and apply to any user who accesses or uses any Zingo Beta Product (“IBP”), or who otherwise indicates its acceptance of these IBP Terms. By accessing or using any Zingo Beta Product or by otherwise accepting these IBP Terms, you agree to these IBP Terms and also agree to the Zingo Terms of Service (the “Agreement”). Products considered an IBP and governed by these IBP terms generally follow the naming convention: “Zingo [Product Name] Beta.”

Any capitalized terms that are used but not defined in these IBP Terms have the meaning set forth in the Agreement.

1. Beta Disclaimer

THE BETA PRODUCT PROVIDED BY THESE TERMS IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS. YOU USE ANY IBP AT YOUR OWN RISK.

2. The Program

Use of any IBP is subject to all applicable Zingo terms and policies, including without limitation the Zingo Privacy Policy and those instructions provided on the Site. Zingo policies may be modified at any time. With regards to any content posted on the Site through any IBP, you agree that you are solely responsible for all: (a) content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. As part of using any IBP, Zingo may provide you with the opportunity to submit comments, suggestions or other feedback regarding your use of the IBP. You agree that in the absence of a separate written agreement to the contrary, Zingo will be free to use any feedback you provide for any purpose and without compensation.

3. Confidentiality

If you are an Employer and have been invited to test an IBP, you agree that, unless otherwise specifically provided herein or agreed by Zingo in writing, any IBP and any documentation provided corresponding with an IBP constitute confidential proprietary information of Zingo. You shall permit only authorized users, who possess rightfully obtained access to any IBP, access to the IBP or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Zingo.

4. Cancellation

Unless otherwise stated in an insertion order or other agreement with Zingo, you may independently cancel your use of any IBP at any time (such cancellation is generally effective within 24 hours). Zingo may cancel any IBP or these IBP Terms at any time. Zingo may modify any IBP or these IBP Terms at any time without liability, and your use of any IBP after these IBP Terms have changed indicates acceptance of the updated IBP Terms. Sections 1, 2, 3, 5, 6, 7 and 8 will survive any expiration or termination of these IBP Terms.

5. Prohibited Uses

You represent and warrant that (a) all your information is correct and current; (b) you hold and grant Zingo and Partners all rights to copy, distribute and display Creative (“Use”); and (c) such Use and websites linked from any content posted via any IBP (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IBP Terms or your account without notice, and may subject you to legal penalties and consequences. Zingo may reject or remove any content posted via any IBP, and Zingo may disable any Employer’s account, for any or no reason without notice.

6. DISCLAIMER AND LIMITATION OF LIABILITY

ZINGO’S PROVISION OF ANY IBP AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PRODUCT AND YOUR USE THEREOF, ZINGO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ANY IBP AND THE SITE AT YOUR OWN RISK. ZINGO DOES NOT GUARANTEE THAT THE SITE OR ANY IBP WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 7 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IBP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IBP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZINGO BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

7. Payment

If applicable, you shall be charged in accordance with the pricing listed in a separate agreement or insertion order with Zingo, or as displayed on the Site corresponding with any IBP made available to you. In all instances, charges are based solely on Zingo’s measurements and Zingo’s determination of charges shall be binding.

8. Indemnification

You shall indemnify, defend and hold harmless Zingo, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of our IBP use, Creative, site or Your Services, or your breach of these IBP Terms.

 

Zingo Affiliate Acceptable Use Policy

Last Updated: April 30, 2021

1. General

This Zingo Affiliate Acceptable Use Policy (‘AAUP’) is applicable to affiliates (‘Affiliates’) of Zingo, Inc. (‘Zingo’) who publish on their websites, or provide links from their websites to web pages that contain, any of the following elements provided by Zingo (collectively, ‘Program Elements’): job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Zingo logos or other elements supplied by Zingo for use on Affiliates’ websites or websites co-branded by Zingo and Affiliate. Affiliates include the party publishing the results and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this AAUP. As a publisher, you are responsible for compliance with all local or applicable laws, including any marketing or advertising laws. Zingo only compensates publishers for clicks that occur on your page, and not clicks obtained by any other means, including but not limited to text messages.

2. Restricted Websites

Program Elements may not be published on, or linked by Affiliate from, any website that: (a) is under construction, incomplete or non-functioning; (b) contains material that infringes or misappropriates the rights, including copyright, of others; (c) contains pornographic, obscene, defamatory, violent, or hate-oriented material; (d) promotes spam; or (e) is in violation of any applicable law, or promotes any illegal goods, services or activities; or (f) engages in any other activities, whether lawful or unlawful, that Zingo determines are harmful to Zingo’s reputation, goodwill, other affiliates, customers or operations.

 

3. Location and Delivery of Program Elements

Affiliate shall not serve: (i) more than one Program Element on any single Web page without prior authorization in writing from Zingo; (ii) any Program Element on a Web page that does not contain substantial content other than the Jobroll itself; or (iii) any Program Element on a page published specifically for the purpose of showing ads, irrespective of the page content. Affiliate shall not serve Program Elements on, or link to web pages that contain Program Elements from, any: (a) downloadable software application without the written consent of Zingo; (b) software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation; (c) Web site that is not directly controlled by Affiliate; (d) Web site that also contains other advertisements or services from any search engine for jobs or job board that directly competes with Zingo (excluding advertisements or services generated directly by Affiliate); or (e) newsgroups, message boards, emails, link farms, counters, chatrooms, guestbooks, domain parking websites, pop-ups or pop-unders. Any use of Zingo’s XML Application Programming Interface (‘API’) by Affiliate shall be solely in accordance with the guidelines stipulated by Zingo for use of the API which may include informational requirements, or restrictions on sizes of requests, frequency, and query complexity.

 

4. Prohibited Activities

Affiliate shall not:(a) modify the Program Elements without written consent from Zingo; (b) place notices in proximity to any Program Element to encourage or require users to click on or use the services (Affiliates may, however, state: ‘click here to visit our sponsor’ or ‘to visit our advertiser, click here’); (c) label Program Elements with text other than ‘powered by Zingo’ or ‘ads by Zingo’ or include any text in proximity to the Program Elements that could be confused with, or be associated with Program Elements; (d) use deceptive or unnatural means to draw attention to or incite clicks or use of Program Elements; (e) require users to click on a Program Element prior to entering an Affiliate website or any area therein or provide incentives of any nature to encourage or require users to click on or otherwise use Program Elements; (f) engage in any method to artificially and/or fraudulently inflate the volume of impressions or clicks associated with Program Elements or other sponsored advertising, including but not limited to: repeated manual clicks; the use of robots or other automated query tools and/or computer-generated search requests; automatic redirecting of users; using pop-up windows or any other technique of generating automatic or fraudulent (as determined by Zingo, acting reasonably, based on industry practices) click-throughs and/or impressions; (g) use frames, or otherwise alter the user experience, when a user clicks through to another website from the Zingo job search results; (h) redistribute the job search results or any part thereof to any third party, (i) other than the provision of the job search results on Affiliate’s website to the end users of that website that generated it; store any job search content; (j) send any text messages on Zingo’s behalf, or (k) market or advertise Zingo’s jobs in violation of any local or applicable laws, including but not limited to email, spam or text messaging laws.

 

5. Passwords, API Keys and Other Security Devices

If Zingo provides an Affiliate with a password, API key or other security device to obtain access to Program Elements or any non-public area of Zingo’s web site or system, that Affiliate shall maintain the confidentiality of that password, API key or other security device, not share it or access to any such non-public areas with any third party, or use it for any unauthorized purpose.

 

6. Job Search Content

Zingo reserves the right in its sole discretion to determine whether to exclude certain job content from the search results provided to Affiliates, including, without limitation, if the job publisher specifically requests exclusion.

 

7. Delivery of Program Elements

Affiliate agrees to comply with the specifications provided by Zingo from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

 

8. Cooperation with Zingo and Authorities

Zingo will cooperate with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity, including, but not limited to, fraudulently inflate the volume of impressions or clicks. Affiliate shall cooperate with Zingo in any corrective action that Zingo deems necessary to correct and prevent impermissible use of the Program Elements, including without limitation, providing Zingo with all information necessary to investigate the suspected violation.

 

9. Modifications to this Policy

Zingo reserves the right to modify this AAUP at any time, as it deems appropriate in its sole discretion, effective 30 days after notification of Affiliate that the AAUP has been modified.

Terms FAQ

 

For more information on Zingo’s Terms, please see our Zingo Terms FAQ.

 

 

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