JOB SPOTTER BY INDEED
- a. For the purposes of these Job Spotter Terms of Service (“TOS”), “Indeed” means Indeed, Inc. if you are located in the United States, or Indeed Ireland Operations Limited if you are located outside of the United States. Indeed, operates a reward marketplace for sharing photos of job advertisements: Job Spotter by Indeed (referred to in the TOS as "Job Spotter" or Indeed).
- b. TOS is a legally binding, non-exclusive agreement between you and Job Spotter. Please read the TOS carefully and be sure you understand it fully. The TOS describes and controls your legal relationship with Job Spotter, the rights you are granting to Job Spotter in any photographs or images, or related materials, submitted or verified by you to Job Spotter (collectively, "Content"), the uses Job Spotter may make of the Content, and points you may earn when you submit Content. You acknowledge and agree that when you submit or verify Content to Job Spotter, such Content will include the GPS location of where the photo was taken and the timestamp of the photo and shall be included as part of the Content.
- c. When you download the Job Spotter mobile application, create a Job Spotter account, or use Job Spotter, you agree to these TOS, which incorporate the Indeed Terms of Service.
- d. Job Spotter is only available in select jurisdictions: United States, Canada, United Kingdom, Ireland, and Australia. You agree not to use Job Spotter outside of these jurisdictions, and Job Spotter reserves the right to decline any submission from outside of these jurisdictions.
2. Account Information
- a. You agree to provide true and complete information relating to your Job Spotter contributor account and Content, including but not limited to name, phone number, and email address information.
- b. You agree that by providing Indeed your email address, Indeed may contact you via that email address for various transactional purposes. You agree Indeed may in its sole discretion reject requests to associate multiple accounts with the same phone number.
- c. You agree that Job Spotter may use your standard Indeed account for use with the Job Spotter application.
- f. Job Spotter may close an existing account or refuse to establish an account for any reason including, but not limited to, fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating submissions, sharing accounts, creating duplicate or multiple accounts, submission of material that is defamatory, fraudulent or obscene, failure to comply with Indeed's general terms of service and submission guidelines as may be amended from time to time, for any breach of the terms of this agreement or for convenience.
- g. If Indeed rejects your submission or bans your account, Indeed has no obligation to pay out any outstanding points or rewards, and may also invalidate rewards that have been previously awarded. Termination of your account shall result in the forfeiture of all points.
- h. You may not submit identical or duplicative Content to more than one account.
- i. You may not use Job Spotter in any manner while driving or operating a moving vehicle.
3. Rights to Use Content
- a. By submitting Content to Job Spotter, you expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the laws of the State of Texas, the United States Copyright Act or similar laws of any jurisdiction, and Indeed may use your Content in accordance with the license issued below:
To the maximum extent permitted by law, if you post Content to Job Spotter, including photographs, you grant Indeed a nonexclusive, worldwide, perpetual, fully paid, royalty-free, 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 such Content for the purpose of publishing material on the Indeed website or its publisher partners, maintaining the Indeed website (meaning any website or mobile website or application owned, operated or used by Indeed and its affiliates) and promoting Indeed without restriction. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, (iii) the posting and use of your Content on or through the Website does not violate any applicable laws, (iv) the posting of your Content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of Content you post on or through the Website. You agree to defend and indemnify Indeed and its affiliates from any claims resulting from any Content or materials you provide hereunder.
4. Content Submission Guidelines
- a. You shall not submit any photograph or image of any human being of any age to Job Spotter. You are solely responsible for any photographs that you take of a human being and Job Spotter shall destroy all photographs of human beings submitted to Job Spotter. Indeed may terminate any Job Spotter account in the event a party has submitted any photograph of a human being to Job Spotter. Any obscene photographs submitted to Job Spotter which Indeed believes are illegal will be reported to law enforcement authorities. You also shall not submit any photograph or image of any license plate(s) to Job Spotter. You are solely responsible for any such photographs.
- b. Each submission must consist of two readable photos: one of the "help wanted" or "now hiring" sign itself, and one of the storefront including the name of the store (e.g., "Golden Gate Bakery"). All photos must be taken of the outside of any establishment and from a public location. No photos may be submitted which are taken from the inside of any establishment (including but not limited to private malls). You are solely responsible for complying with all local laws or private establishment rules.
- c. The photos must be original and taken by the user at the location with location enabled on the phone. Any unoriginal image or image not taken from within the app will be automatically rejected.
- d. The same sign will not be accepted twice by the same user within a single contest period. A contest period is defined as one calendar month, starting on the first date of a given month and ending the first date of the following month. Excessive submissions of the same signs by multiple users (e.g., everyone in a group of friends going around submitting the same signs repeatedly) can lead to submission rejections.
- e. We reserve the right to make the final judgement as to the authenticity and quality of all submissions. However, Indeed disclaims all liability or responsibility for the Content submitted to or posted on Job Spotter.
- f. Job Spotter has the right to refuse to accept Content submitted through the Job Spotter application and has the right to refuse to issue a reward for such refused Content (which shall not be posted on Indeed) for any or no reason.
- g. If you view any Content in the Verify Submissions section of Job Spotter that do not meet the aforementioned guidelines, you must select the option to not approve the Content.
- h. All decisions made by Indeed, its moderators and administrators are final.
- a. Job Spotter shall award you points, at Indeed’s discretion, on the basis of your verifications of Content or submissions of Content approved by Job Spotter ("Indeed Reward Points"). Indeed Reward Points reaching a certain level may amount to certain values in Gift Cards at Amazon.com or other entities chosen by Indeed. The current point system is set forth here: https://jobspotter.indeed.com/about, which is incorporated herein by reference. Indeed reserves the right to change the point system at its discretion. Indeed may also award you points on the basis of your placement in the Leaderboard, however, Indeed reserves the right to change or cancel the amount owed to you based on your placement in the Leaderboard in its full and sole discretion.
- b. Indeed Reward Points will appear in the Wallet tab within the Job Spotter App. You may periodically request that these Reward Points be converted into Gift Cards, which will then be emailed to you, typically within two weeks.
- c. All Indeed Reward Points in an account expire if you have not accumulated or redeemed points for a period of 90 consecutive days. Users redeeming points in Australian Dollars, who are unable to redeem because their balance is under 5 Australian Dollars, will be exempt. Points will expire at midnight Austin, Texas time at the end of the 90th day.
- d. Job Spotter gives no warranty as to the continuing availability of Indeed Reward Points. Job Spotter may terminate or suspend the Indeed Reward Points program at any time. Job Spotter will give a reasonable notice to users of such termination or suspension, except if Job Spotter ceases to operate, in which case Indeed Reward Points will cease immediately.
- a. If you are located in the United States, and are receiving six hundred (600) dollars per calendar year or more in Amazon.com or other Gift Cards, a signed and completed IRS Form W-9 must be submitted to Job Spotter for Job Spotter to make cumulative payments in one calendar year over six hundred dollars to you. No payments over 600 dollars in one calendar year will be paid to any person, no matter their submissions, unless the IRS Form W-9 is submitted.
- b. If you are located outside of the United States, you are responsible for paying any taxes arising as a result of receiving a Reward, and you must independently seek counsel with regards to any personal income tax liability associated with a Reward. Accordingly, Indeed disclaims any liability as to such tax implications.
7. Claims of Infringement
- a. With respect to copyright claims governed by United States law, 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 Indeed 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 Indeed 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 Indeed 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 Website should be sent to Indeed Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX 78750, USA (copyright @ indeed.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 can be penalties for false claims under the DMCA. The same contact point should be used with respect to any copyright claims governed by laws other than those of the United States.
8. Representations and Warranties
- a. You represent and warrant that:
you are under no legal disability or contractual restriction that prevents you from entering into this agreement
you are at least 18 years of age
the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
the Content does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
- a. You agree to indemnify and hold Job Spotter, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under these TOS.
- a. The relationship of the parties is that of independent contractors. There is no relationship of employment partnership, joint venture, or agency created hereby between the parties.
- b. The TOS contains the entire understanding of the parties with respect to the subject matter covered herein.
- c. If any individual term of the TOS is found to be invalid or unenforceable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that the TOS shall otherwise remain in full force and effect. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.
- d. Indeed may, at any time and without liability, modify or discontinue all or part of Job Spotter (including access to Job Spotter via any third-party links); charge, modify or waive any fees required to use Job Spotter; or offer opportunities to some or all Job Spotter users.
- e. Job Spotter will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content or the termination of your Account.
- f. Please note that Job Spotter reserves the right to modify these terms at any time. Please check for changes from time to time. You agree to be bound by all such changes. If you do not agree with any of the changes, do not continue to use the service.
- g. In the event that you breach any of the terms of this agreement with Job Spotter, Job Spotter shall have the right to terminate your account without further notice, in addition to Job Spotter's other rights at law and/or equity.
- h. It is expressly understood and agreed that this TOS is entered into solely for the benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
- j. All matters arising out of or related to your use of Job Spotter, reward payments to you under Job Spotter, these TOS or breach, shall be governed by the internal laws of the State of Texas (without reference to choice of law doctrine) if you are located in the United States, or the laws of the Republic of Ireland if you are located elsewhere. Any legal action or proceeding concerning the validity, interpretation and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of Texas in Travis County or of the United States of America for the Western District of Texas if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
- k. The parties acknowledge that they have requested and are satisfied that this agreement and all other documents and notices related thereto be drawn up in English only. Les parties aux présentes reconnaissent qu’elles ont exigé que cette convention et tous les documents et avis y afférents soient rédigés en anglais seulement et s’en déclarent satisfaites.
- l. Effective as of 2016-01-11; Last Updated as of 2020-01-24