Terms of Service
JobCrank.com reserves all rights afforded by the laws of the state of Florida, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the JobCrank.com website.
After the Initial Term, you may terminate this Agreement at any time by contacting us through US postal mail at 3500 Orange Avenue, Suite 288, Winter Park, FL 32789. JobCrank.com will provide an e-mail confirmation of your cancellation to the address You designated when subscribing to the Service. Due to security problems associated with emails, JobCrank.com does not accept cancellation by e-mail or any other means, regardless of whether such cancellation is actually received by JobCrank.com. Your cancellation will be effective on the first day on the expiration of your current term immediately preceding receipt of your notice of cancellation is provided herein. You will need to include within your notice of cancellation your email address, first name, last name, company name, and profile name. Your profile name can be found on the Account Information
page of JobCrank.com.
Intellectual Property Ownership
JobCrank does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the JobCrank.com website. After posting your Content to the JobCrank.com website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the JobCrank.com web site, you hereby grant to EST1974 LLC a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through any EST1974 LLC owned services, including without limitation distributing part or all of the JobCrank.com website in any media formats and through any media channels, except Content marked "private" will not be distributed outside any EST1974 LLC owned website. This limited license does not grant JobCrank Inc the right to sell or otherwise distribute your Content outside of any EST1974 LLC owned services. After you remove your Content from the JobCrank.com website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside any JobCrank owned services you change the Content’s privacy setting to "private", we will cease distribution of such "private" Content outside any EST1974 LLC owned services as soon as practicable after you make the change. Text content is marked private or public within your account settings page. Image and audio content is market private or public through their individual gallery or album editing pages.
The license you grant to EST1974 LLC is non-exclusive (meaning you are free to license your Content to anyone else in addition to EST1974 LLC), fully-paid and royalty-free (meaning that EST1974 LLC is not required to pay you for the use), sublicensable (so that EST1974 LLC is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the JobCrank Services), and worldwide (because the Internet and EST1974 LLC owned services are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the JobCrank.com website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the JobCrank.com website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the JobCrank.com website.
The JobCrank.com website contain Content of JobCrank.com ("JobCrank.com Content"). JobCrank.com Content is protected by copyright, trademark, patent, trade secret and other laws, and EST1974 LLC owns and retains all rights of the JobCrank.com Content and the JobCrank.com website. JobCrank.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JobCrank.com Content (excluding any software code) solely for your personal use in connection with viewing the JobCrank.com website and using any JobCrank.com owned services.
The JobCrank.com website contain Content of Users and other EST1974 LLC licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the JobCrank.com website.
EST1974 LLC performs technical functions necessary to offer the JobCrank.com owned services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the JobCrank.com website.
EST1974 LLC may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of EST1974 LLC violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. EST1974 LLC assumes no responsibility for monitoring the JobCrank.com website for inappropriate Content or conduct. If at any time EST1974 LLC chooses, in its sole discretion, to monitor the JobCrank.com website, EST1974 LLC nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the JobCrank.com website, and any material or information that you transmit to other Members and for your interactions with other Users.
Digital Millennium Copyright Act
EST1974 LLC respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
EST1974 LLC has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the JobCrank.com website in a way that constitutes copyright infringement, please send JobCrank.com's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the JobCrank.com website (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. JobCrank.com Inc.'s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, JobCrank.com, Inc., 479 Spruceview Drive, Port Orange, Fl 32127; Attn: Copyright Agent. EST1974 LLC's Copyright Agent for notification of claimed infringement can also be reached electronically by email at copyright@JobCrank.com, or through the help contact page accessible by clicking "Help" at the top of the page.
What's a cookie?
A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time.
Using Our Service
In order to access JobCrank.com successfully, your browser must be set to "accept all cookies." If you set your browser to "not accept" any cookies, you will not be able to use JobCrank.com.
Deleting cookies means that you may be locked out of your account and lose your preferences. There are a number of software and shareware programs available that are designed to periodically purge cookie files from your hard disk. We do not recommend these applications and, as such, cannot address any resulting support issues that may be related to the use of these programs.
No Confidentiality or Use Limitations for Submitted Information
You acknowledge and agree that any communication or material you transmit to this website, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials you transmit to this website may be used by EST1974 LLC for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if EST1974 LLC decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
Privacy of Email Addresses / Demographic Information
EST1974 LLC will not sell the email list information that is compiled from submissions to this site to be used for commercial purposes. EST1974 LLC will occasionally send You periodic newsletters which may be of interest to you concerning upcoming events. Any demographic information provided by or about You in response to a request or inquiry by JobCrank.com shall not be attributed to the individual providing it on this site.
Use of this Site at Own Risk
You acknowledge and agree that your use of the website and of the Service is at your own risk and that neither EST1974 LLC nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs or expenses of any kind (including attorney's fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
You acknowledge and agree that while EST1974 LLC will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the JobCrank.com website are based upon current information, EST1974 LLC cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities UNDER NO CIRCUMSTANCES SHALL JOB CRANK INC. BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF EST1974 LLC HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EST1974 LLC'S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO EST1974 LLC, REGARDLESS OF THE FORM OF CLAIM.
You agree to indemnify and hold harmless EST1974 LLC, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys' fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit, post or otherwise provide to EST1974 LLC or on this website.
Unlawful Content and Behavior
You acknowledge and agree that you will not post or transmit to this website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that EST1974 LLC or other parties may be involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, EST1974 LLC assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this website may be linked to other websites, EST1974 LLC neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in this website. EST1974 LLC has not reviewed all websites linked to this website, is not responsible for the content of any other website linked to this website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the JobCrank.com website may be read throughout the world, this website is designed and intended for use in the United States and use of this website by You will be construed and evaluated according to the laws of the United States. If You access this website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. JobCrank.com makes no representation that the information and materials contained in this website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or your other use of this website or the Service, the laws of the State of Florida shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in Orange County, Florida and further agree that the states and federal courts located in Orange County, Florida shall be the exclusive venue for the resolution of any dispute between EST1974 LLC and You.
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of EST1974 LLC
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.