Video Content and Services.
By participating in a video conference, you expressly authorize AVIONTÉ to enable video recording of you; to record your Video; to store the recordings of such Videos; and to use the Videos to provide the AVIONTÉ Services. Additionally, you expressly authorize other users within or outside of AVIONTÉ Services Domain to access your review Videos and do so on more than one occasion. You expressly authorize to enable some AVIONTÉ Customers, as applicable, to download your Video and other content on their servers. Further, you expressly authorize our Customers to submit your Videos to their internal, external or Third-Party Customers who may or may not be AVIONTÉ customers.
By participating in any interviews, you expressly authorize AVIONTÉ to enable video recording of your interviews; to record such interviews; to store the recordings of such interviews; and to use the interviews to provide the AVIONTÉ Services. Additionally, you expressly authorize the participants in such interviews to access recordings of the interviews and do so on more than one occasion. Further, you expressly authorize our Customers to submit your interviews to their Third-Party Customers who may or may not be AVIONTÉ customers.
Employers are expressly prohibited from using any content or information in any videos in violation of any applicable laws, particularly employment laws.
By using AVIONTÉ Services, you agree to provide information to Companies knowing that AVIONTÉ cannot control the use of your information by Third-Party Customers.
All Customers and participants in the video features (including employers and Customers) provided through AVIONTÉ Services expressly indemnify AVIONTÉ for their misuse, intended or unintended, of the videos, their content, and/or information conveyed therein by them, their agents, their employees, their customers, and any other parties to whom information is provided. This indemnification shall include, but not be limited to, payment of all legal fees (including, but not limited to attorney’s fees, paralegal fees, etc.) and costs incurred by AVIONTÉ in relating to any misuse of videos, their content, and/or information conveyed therein. In all cases, AVIONTÉ shall have the right to choose its own counsel.
You may have the opportunity to share your information to third parties by affirmatively providing them access to such information. You should be aware that AVIONTÉ cannot control what such third parties do with your information or access thereto. Consequently, you accept all responsibility for the use of, or access to, your information by third parties to whom you provide your information or access thereto.
User Code of Conduct
AVIONTÉ Services shall be used for lawful purposes only.
You hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, or citizenship unless legally required.
At time of entry into Video Conference Service, every participant must provide certain information. Please note that you may not use a Display Name that is a another person; that is violating a third party’s intellectual property rights; or, that is offensive or inappropriate.
As a Customer, you may not permit any other person to use your Customer Account, except for those authorized individuals provided with their own Sub Accounts where applicable.
Your Customer Account, Username and/or password may not be assigned or transferred to any other person or entity.
You must promptly inform AVIONTÉ of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Username or password.
Employer Customers of AVIONTÉ Services shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.
In addition to agreeing to all terms applicable to Employer Customers, Staffing Customers shall ensure that their Third-Party Customers agree to be bound by either (a) AVIONTÉ policies or (b) the policies of the Staffing Customer that provide for the protection of candidate information consistent with the protections to which the Staffing Customers agree by using AVIONTÉ Services.
The AVIONTÉ Services shall not be used for any of the following:
- Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
- Intentionally violating any intellectual property rights of a third party;
- Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
- Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by AVIONTÉ in its sole discretion;
- Posting or transmitting, or causing to be posted or transmitted, via the AVIONTÉ Services any nudity;
- Posting or transmitting, or causing to be posted or transmitted, via the AVIONTÉ Services any spam;
- AVIONTÉ maintains a strict policy forbidding any spam or misuse of email services within its AVIONTÉ Services.
- Posting or transmitting, or causing to be posted or transmitted, via AVIONTÉ Services any materials advertising any business other than AVIONTÉ;
- Additional and/or different rules may apply in the event AVIONTÉ dedicates a special forum in the future to the promotion and/or offering of services by Customers.
- AVIONTÉ expressly forbids Customers from publishing fake, fraudulent or false reviews about themselves on AVIONTÉ.
- AVIONTÉ expressly forbids businesses from publishing negative reviews about their competitors – real or fake – on AVIONTÉ.
- Seeking to obtain private financial information from any Consumer;
- To impersonate any other individual;
- To provide any false information;
- Registering or attempting to register an account with AVIONTÉ without AVIONTÉ’s express authorization after having been terminated or suspended by AVIONTÉ for any reason; and/or
- Attempting to interfere with AVIONTÉ’s security measures.
- Should any Consumer believe that another individual has violated any of the foregoing terms and conditions, the Customer should immediately notify AVIONTÉ via security@myAvionté.com.
- Customers assume all liability for anything they purchase using AVIONTÉ Services, whether intended for themselves or for a third party.
LIMITATION OF LIABILITY
IN NO EVENT WILL AVIONTÉ, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS; OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, AND ANY OTHER KIND OF DAMAGE OR INTANGIBLE LOSS), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE WEBSITE, APPS, OR THE AVIONTÉ SERVICES, EVEN IF AVIONTÉ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
AVIONTÉ SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.
AVIONTÉ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE AVIONTÉ SERVICES. SIMILARLY, AVIONTÉ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS,CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH:
(i) THE USE OR THE INABILITY TO USE THE AVIONTÉ SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE AVIONTÉ SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AVIONTÉ SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE AVIONTÉ SERVICES. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT AVIONTÉ SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO AVIONTÉ.
AVIONTÉ SHALL NOT BE LIABLE FOR ANY DAMAGES.
THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE, APPS, AND/OR AVIONTÉ SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE, APPS, AND/OR THE AVIONTÉ SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE, APPS, AND/OR THE AVIONTÉ SERVICES WILL BE CORRECTED.
IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI- CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE, APPS, AND AVIONTÉ SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
AVIONTÉ SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ANY CONTENT OBTAINED THROUGH AND/OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE APPS.
AVIONTÉ SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING THROUGH ANY EMPLOYMENT RELATIONSHIP REACHED BY USE OF THE APPS, WEBSITE AND/OR AVIONTÉ SERVICES.
AVIONTÉ SHALL NOT BE LIABLE FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE WEBSITE, APPS, AND/OR AVIONTÉ SERVICES. PARTICULARLY, AVIONTÉ SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY AN EMPLOYER CUSTOMER.
AVIONTÉ SHALL NOT BE LIABLE FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE WEBSITE, APPS, AND/OR AVIONTÉ SERVICES DELIVERED TO THIRD-PARTY CUSTOMERS OF OUR STAFFING CUSTOMERS. PARTICULARLY, AVIONTÉ SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY A THIRD-PARTY CUSTOMER OF OUR STAFFING CUSTOMER THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO EXPRESSLY APPLY TO ANY DAMAGES, INJURIES, OR CLAIMS (OF ANY KIND) CAUSED BY AND/OR EMANATING FROM THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION.
Changes to Service.
AVIONTÉ may update its Software and/or code, in whole or in part. These updates may require your computer to install additional third party software.
AVIONTÉ is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Customers. If you believe any Website Content violates your rights in any way, you may contact AVIONTÉ via security@myAvionté.com.
Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein.
The Website, Website Services, Apps, App Services and/or AVIONTÉ Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
The Website and Apps may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Website, Website Services, Apps, App Services and/or AVIONTÉ Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
You agree to comply with all local rules regarding online conduct and what AVIONTÉ deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
AVIONTÉ shall provide notice of such changes by posting the revised policies to the applicable AVIONTÉ owned websites and by either (a) providing you a message the next time you login into your account or (b) sending you electronic mail to the email address you provided when creating your account.
You acknowledge and agree that the form and nature of the services that AVIONTÉ provides may change from time to time without prior notice to you. Unless explicitly stated otherwise, any new feature that augments or enhances the current Website, Website Services, Apps, App Services, and/or any AVIONTÉ Services shall be subject to these Terms.