iPhone Job Board

Terms

DATE LAST MODIFIED: May 2, 2009

This Terms of Use Agreement (this "Agreement"), which is a legal agreement between you ("you") and Eight Bit Studios LLC d/b/a "Eight Bit Studios" ("Eight Bit Studios"), shall govern your use of and access to Eight Bit Studios' Jobs Web site located at jobs.eightbitstudios.com (the "Web site") and all services provided by Eight Bit Studios as described therein, including, without limitation, hosted job board services provided on an ASP basis (the "Services"). By checking the box or clicking the "I Agree" button at the end of the this Agreement or elsewhere on the Web site, or by accessing and/or using the Web site or Services, you (x) accept this Agreement and agree to be bound by each of its terms, and (y) represent and warrant to Eight Bit Studios that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand Eight Bit Studios' Privacy Policy (the "Privacy Policy"), the terms of which are posted at the Web site and incorporated herein by reference, and agree to abide by the Privacy Policy. If you do not agree with any of the terms contained herein, you should not click the "I Agree" box referencing this Agreement and immediately cease any and all activities on the Web site and/or use of any Services.

Please read this Agreement carefully. Even if you fail to accept this Agreement as described above, by accessing the Web site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.

CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE

Eight Bit Studios may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, Eight Bit Studios may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site, or terminate the Services in full or in part, at any time in its sole discretion. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Eight Bit Studios from time to time.

TERM

Services shall be provided to you until the last day of any calendar month during which either Eight Bit Studios or you have provided electronic or written notice of termination to the other party. In addition, Eight Bit Studios may, in its sole discretion, deem this Agreement terminated in the event your Job Posting has been dormant for greater than 30 consecutive days. Upon any termination of this Agreement, Eight Bit Studios may or may not delete your Job Posting data and account history in its sole discretion (however it shall make such deletions in the event it receives a written or electronic request from you to do so at support@eightbitstudios.com).

TERMS AND CONDITIONS FOR POSTERS

Any terms and conditions posted at your web site(s) regarding job postings at the Eight Bit Studios' Job Board shall not, in any regard, be contrary to the language set forth below. The following terms and conditions are applicable to, and binding upon, an individual or entity which posts a job at the Eight Bit Studios' Job Board (sometimes referred to as "you" in this section).

Each job posting costs the amount set forth at the web site (the "Site") within which the Job Posting is accessible and will run for 30 days , beginning immediately.

When you click the "buy now" or any similar purchase button your credit card will immediately be charged. You hereby authorize Eight Bit Studios LLC (d/b/a Eight Bit Studios), on behalf of the Site, to charge any credit card provided to us or the Site for all fees due and owing on account of one or more job postings. All fees are non-refundable.

Only one job opening may be included per post.

You are not permitted to post any material that is tortuous, indecently depicts children, defamatory, harassing, abusive, threatening or is likely to result in retaliation against Eight Bit Studios or us by offended users.

The Site (and Eight Bit Studios) may remove or cancel any posting for any reason whatsoever. In such a case the listing fee will be refunded. For questions please email support@eightbitstudios.com.

The Job Board is provided on an as-is basis, without any warranties of any kind, either express or implied. Eight Bit Studios expressly disclaims any representation or warranty that the Job Board will be error-free, secure or uninterrupted, or as to the results that you may achieve by posting a job opening on the Job Board. The Job Board may be unavailable from time to time for routine maintenance or other reasons. You hereby release Eight Bit Studios from any and all liabilities arising out of your use of the Job Board.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Web site and Services, excluding data entered in connection with a job posting ("Data"), are: Copyright © 2009 Eight Bit Studios LLC. All rights reserved. "Eight Bit Studios" is a service mark of Eight Bit Studios LLC. Other product and company names mentioned herein or within the Web site, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Eight Bit Studios or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by Eight Bit Studios or any of its licensors. This Agreement shall not be deemed to transfer from Eight Bit Studios to you (i) any of Eight Bit Studios' or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Eight Bit Studios, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement. Eight Bit Studios shall be permitted to use any Data (including e-mail addresses) to promote its business, syndicate postings to other job boards and/or otherwise carry out its business.

It shall be expressly prohibited for any third party to "scrape" or otherwise copy or utilize any Data or other information regarding any job posting at the Job Board (including, without limitation, for marketing purposes).

DISCLAIMERS AND LIMITATIONS

Eight Bit Studios intends that the information contained in the Web site on an each Job Board be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Web site and/or within the Job Board format may be made by Eight Bit Studios at any time. THE WEB SITE, EACH JOB BOARD AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." EIGHT BIT STUDIOS AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE, EACH JOB BOARD AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE WEB SITE OR THE EIGHT BIT STUDIOS' JOB BOARD, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE, THE EIGHT BIT STUDIOS' JOB BOARD OR ANY OF EIGHT BIT STUDIOS' OTHER SERVICES. USE OF THE WEB SITE AND/OR THE EIGHT BIT STUDIOS' JOB BOARD AND/OR EIGHT BIT STUDIOS' SERVICES IS AT YOUR OWN RISK. EIGHT BIT STUDIOS AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR THE EIGHT BIT STUDIOS' JOB BOARD AND/OR EIGHT BIT STUDIOS' SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR THE EIGHT BIT STUDIOS' JOB BOARD, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EIGHT BIT STUDIOS AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ALL EVENTS, THE AGGREGATE LIABILITY OF EIGHT BIT STUDIOS FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES RETAINED BY EIGHT BIT STUDIOS AS A RETAINED PERCENTAGE ON ACCOUNT OF YOUR JOB BOARD DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM AROSE.

UNAVAILABILITY OF SERVICE OR WEB SITE

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is Eight Bit Studios' objective to make the Web site and each Job Board accessible 24 hours per day, 7 days per week, 365 days per year, the Web site and/or the Job Boards may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Eight Bit Studios, access to the Web site and/or Job Boards and/or Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT EIGHT BIT STUDIOS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE, THE JOB BOARDS AND/OR SERVICE.

INDEMNITY

As a condition of use of the Web site, the Eight Bit Studios' Job Board and/or the Services, you agree to indemnify Eight Bit Studios and its affiliates from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from (i) your use of the Web site, the Eight Bit Studios' Job Board or any of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement, and (ii) the operating of your web site(s) and/or your business.

LINKS TO THIRD PARTIES

The Web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. Eight Bit Studios does not operate or control in any respect any information, software, products or services available on such web sites. Eight Bit Studios' inclusion of a link to a web site does not imply any endorsement of those services or the web site, its contents or its sponsoring organization.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of the Web site, the Eight Bit Studios' Job Board or the Services, or to any acts or omissions for which you may contend Eight Bit Studios is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Eight Bit Studios. The costs of arbitration shall be paid by the non-prevailing party.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND EIGHT BIT STUDIOS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Eight Bit Studios, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.

MISCELLANEOUS

This Agreement, including the Privacy Policy, constitutes the entire agreement between you and Eight Bit Studios and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Eight Bit Studios with respect to the Web site and information, software, products and services associated with it. Eight Bit Studios and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between Eight Bit Studios and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Eight Bit Studios' contact information, should you need to contact Eight Bit Studios for any reason, is: