If you live in Canada, “we,” “us,” and “our” refer to 2114393 Ontario Inc. (VentureWeb Canada). If you live in the United States, those terms refer to VentureWeb Inc. If you live in South Africa, those terms refer to VentureWeb (Pty) Ltd. If you live in the United Kingdom, those terms refer to VentureWeb International Ltd. If you live in India, those terms refer to VentureWeb Marketing Solution India Private Ltd. If you live anywhere else, those terms refer to VentureWeb International Ltd.
Retention of ownership; non-exclusive license rights
The VentureWebsite and all right, title and interest in and to the materials that we make available to you in connection with your use of the VentureWebsite and our Services are owned by us or our licensors. Except for the limited license rights that we expressly grant to you in next paragraph, we reserve all rights.
In connection with your use of the VentureWebsite as a potential employer or contracting party that may hire applicants as employees or engage them as independent contractors, we hereby grant to you a limited, revocable, terminable, non-exclusive, non-assignable, non-sublicensable right to access and use the VentureWebsite and our Services in connection with such activities.
You agree to preserve all copyright, trademark, service mark and other proprietary notices contained in any content or materials that we provide to you.
You represent, warrant and agree that you are at least 18 years of age or older.
You may not use the VentureWebsite or our Services if you are:
License to what is you submit, including feedback
You grant us a perpetual, irrevocable, unlimited, non-exclusive, worldwide, fully paid, assignable, sub-licensable license to use, copy, perform, display, distribute, and make derivative works from:
Your license to us include a right to exercise any and all copyright, trademark, publicity, and database rights you have, in any media known now or in the future.
To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to our exercise of the foregoing license. No compensation will be paid to you with respect to the foregoing license.
You agree that we have the right to extract, compile, synthesize, and analyze information relating to you and combine it with that of others as long as the extraction, compilation, synthesis or analysis do not identify you.
Disclaimers and liability limitations
Nothing on the VentureWebsite or in the provision of our Services to you shall be considered an endorsement, representation or warranty with respect to any third party.
We make no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any data or information that appears on the VentureWebsite and that we otherwise give you in the provisions of our Services. Our documents may contain inaccuracies or typographical errors. You agree that any reliance on any such documents, or on any other form of communication, will be at your own risk.
We act as a portal for the online distribution and publication of applicants’ content and information, as well as information from potential employers or contracting parties that may hire applicants as employees or engage them as independent contractors. Our Services are provided “as is” and “as available.” We make no warranty that anyone’s content or information will actually be made available on the VentureWebsite or in connection with our Services. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to anyone’s content and information. We have no responsibility or liability for the deletion or failure to store any of anyone’s content or information, whether or not the content or information was actually made available on the VentureWebsite. Any and all content submitted to us is subject to our approval. We may reject, approve or modify anyone’s content and information at our sole discretion.
We make no representations or guarantees regarding the effectiveness or timeliness of our Services in meeting your objectives. We do not guarantee that our Services will result in you being hired as an employee or engaged as an independent contractor, or that you will find a suitable employee or independent contractor, and we are not responsible or liable for any decisions, for whatever reason made, made by you.
You assume all responsibility and risk for, and release us from all liability associated with your use of the VentureWeb site and our Services. In no event shall we (or any of our officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost opportunity, or business interruption) resulting from or arising under or in connection with our Services or the use or access to, or the inability to use or access, the VentureWeb site and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
Because some jurisdictions do not allow the foregoing exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held inapplicable or unenforceable for any reason, then our maximum liability to you for any non-direct type of damages shall be limited to U.S. $200.00 in the aggregate.
In no event shall we (or any of our officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any direct damages in excess in the aggregate of U.S. $200.00.
We do not screen or censor opportunities from potential employers and contracting parties. We are not involved in, and do not control actual transactions between employers/contracting parties and applicants. We are not responsible for content and information supplied by potential employers or contracting parties or by applicants, the quality, safety or legality of posted opportunities, the truth or accuracy of opportunities, the ability of employers/contracting parties to provide job/contracting opportunities to applicants, and we make no representations about any jobs or contracting opportunities. While we reserve the right in our sole discretion to remove material from the VentureWebsite from time to time, we do not assume any obligation to do so and to the extent permitted by law, disclaim any liability for failing to take any such action.
If You are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Not responsible for links and advertising
We provide unmonitored access to third party content, articles with original content and opinions (including links and advertising). We only act as a portal and have no liability based on, or related to, such third party content, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
For any claim, we may elect to resolve the dispute in a cost effective manner through binding Non-appearance-based arbitration. If we elect arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that we will provide to you. The ADR provider and the parties must comply with the following rules:
For any claim, dispute, or other legal proceeding not subject to arbitration, the claim or dispute shall be brought and litigated exclusively in the courts located within the U.S. (specifically Illinois), the U.K, Canada, South Africa, or India based on the country you listed as your country of residence when you registered with us (subject to updates to the extent they take place before the event that gave rise to the dispute or claim) (provided that if you listed a country other than the five listed, disputes, claims, and proceedings will be brought and litigated in the U.K., as appropriate, and you agree to submit to the personal jurisdiction of such court(s) for the purpose of litigating such claims or disputes.
No class actions
This foregoing “Disputes” provision affects your ability to participate in class, collective or representative actions. You and we agree to bring any dispute on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing an action as a private attorney general solely on your own behalf and not on behalf of others.
Indemnities, representations, warranties, and covenants from you
You are fully responsible for any content or information that you supply to us or to others or any actions you take in connection with your use of the VentureWebsite or our Services.
Specifically, you represent, warrant and covenant that your content and information:
Rules; acceptable use
Though the VentureWebsite is designed to provide services both to individuals seeking employment or independent contractor relationships (”applicants”) and to those interested in hiring applicants as employees or engaging them as independent contractors (including both current and potential clients of VentureWeb and VentureWeb itself). With respect to individual applicants, the VentureWebsite is intended solely to present opportunities to them as they seek employment or independent contractor relationships. With respect to potential employers of and contracting parties with such individuals, the VentureWebsite is intended to present possible applicants to them.
Limitations on what you are allowed to submit
Requirements for what that you are allowed to submit
What you must do to protect your account with us
What you must do to protect us
Right to validate identity
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
We reserve the right to close, suspend, or limit access to your account, the VentureWebsite and/or our Services if we are unable to obtain or verify to our satisfaction the information which we request under this section.
We can create profiles (CVs)
You authorize us to create profiles of you that we develop from content and information that we collect from you or otherwise gather and to make those profiles to others in connection with providing opportunities to you. We do not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by others. Those profiles may differ significantly from the content and information that you supply to us.
You must register
When you register on the VentureWebsite or in connection with our Services, you will be asked to create an account and provide us with certain information, including but not limited to, a valid email address and to set up a password. You acknowledge and agree that you have no ownership rights in your account.
If we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Accounts and passwords are subject to cancellation or suspension by us at any time.
Our right to suspend or terminate your account
Your use of the VentureWebsite and our Services is a privilege. We reserve the right to suspend or terminate that privilege for any reason at any time, in our sole discretion.
We will have no liability whatsoever to you for any suspension termination of your account or any related deletion of your information.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Questions and notices
You agree that we may provide notices to you in the following ways:
You hereby agree that:
Information that we collect from or about you
We may collect the following information:
We should not supply us any identification numbers (like a U.S. social security number or a Canadian social insurance number), credit card information or bank account information unless we specifically ask you for such information. Supplying us with this or any other information deemed “sensitive” by applicable law is entirely voluntary on your part. During the application process (i.e., until you have been placed), we will not request information described in this paragraph via email.
You can withdraw or modify your consent to our collection and processing of the information you provide. See “Your right to access, review, update and delete” below.
How we use information that we collect
We may use information that we collect for the following purposes:
How we share information that we collect with others
We may share your information with:
We may also share aggregated information with others that is based on part on your information, but such aggregated information will not contain any of your personal information.
How information is transmitted, stored and processed
We may transmit, store or process your information on our equipment and in the cloud. Our equipment and cloud servers may be located in various locations, including Canada, the United States, South Africa, the United Kingdom, India and possibly your country.
You acknowledge that other countries do not necessarily have the same data protection laws as your country. In addition, third parties that may be interested in using your services may be subject to yet a different set of data protection laws. In all of these cases, we will take reasonable steps to comply with applicable law. Those steps may include internal protections by us and our affiliates, contractual provisions among us and our affiliates, and contractual provisions with third parties. To the extent that reasonable guidelines govern the transmission, processing and/or storage of data in multiple countries, we will engage in reasonable efforts to comply with those guidelines, including any successor to the EU-US Safe Harbor guidelines.
You authorize and consent to any such transmission, storage or processing, and you acknowledge that if you do not wish your information to be transferred or stored in such a manner, you have the alternative of not using the VentureWebsite or our Services.
We may send a cookie (a text file) to your computer or other Internet-connected device to uniquely identify your device or to store information or settings in your browser. We may also send a web beacon (also called a Web bug or a pixel tag or a clear GIF) to learn more about how you are interacting with our websites. In addition, we may use locally shared objects (sometimes called flash cookies), mobile identifiers and similar technologies to do the same things.
These items (collectively “cookies”) can add to your convenience and allow us to send you secure webpages. They can also facilitate the proper functioning and efficiency of the VentureWebsite, including the use of web analytics, as well as improved security and the prevention of fraud and unauthorized access.
Your browser may allow you to erase cookies from your computer hard drive, block cookies, or receive a warning before a cookie is stored. Please be aware, however, that some of the VentureWebsite’s features or functionality may not work properly without them.
Your right to access, review, update and delete; expiration of your account
Except as provided below, you may access, update, amend or delete information that you provide to us. You may also delete your account, which will cause the same information to be deleted.
In some cases, we may not able to grant you access to information that we hold or allow you to delete it. For example:
If you do not sign in to your account or interact with our websites for a significant period of time, your account will expire and be scheduled for removal from the VentureWebsite. Expired accounts are deleted on a periodic basis. Our current expiration period is approximately 36 months. We may extend or reduce this period in order to adjust to changing circumstances.
We maintain administrative, technical and physical safeguards designed to assist us in protecting your information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Those safeguards include firewalls, password protection, encryption, physical access controls, and information access controls.
Please note that no electronic transmission, storage or processing of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard your information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, though we are committed to protecting your privacy, we do not promise, and you should not expect, that your information will always remain private or secure. You understand and agree that you assume all responsibility and risk for your use of our websites and the internet generally and for your information.
To protect yourself, you should safeguard your account with us, your user name, and password and not share that information with anyone. You should not use the same password you use with us for any other web services or applications. You should also log out and close your browser window whenever you have finished a visit to the VentureWebsite. Please note that we will never ask you for your account user name or password via email.
Right to change this policy at any time
Not responsible for third parties or links
Our websites may contain links to other websites. If you choose to click on such a link, you will be directed to a third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of the third party’s privacy or information security policies or practices. We do not exercise control over any third party websites. Such a third party may place its own cookies or other files on your computer, collect data or solicit information from you. We encourage you to read each third party privacy policies or statements, and we are not responsible for that third party’s use or disclosure of your information.
Acquisitions and reorganizations
Do not track
Your browser setting may allow you to automatically transmit a “Do Not Track” signal to our websites. We do not alter our practices when we receive a “Do Not Track” signal.
California “Shine the Light” law
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.