Authority to Access
To access or use the Site, (1) you must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of the Site must be under the supervision of a parent or guardian or other responsible adult and (2) you, or (where applicable) the adult supervising your use of the Site, must have the power and authority to enter into the Terms. Except as set forth above, or as otherwise approved by us, the Site is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use the Site if we have terminated your account or banned you.
Content on the Site
Content from you, other users, advertisers, and other third parties is made available to you through the Site. Content means any information, including, but not limited to, salaries, market, industry, position requirements, and employer information. You understand and agree that we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
You represent and warrant that you will use the Site solely for lawful purposes in a manner consistent with the Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have to us and any third parties. You are solely responsible for any and all Content you submit to the Site (“Your Content”). You agree that by submitting Your Content to the Site, you have reviewed and understood the Terms. You understand that you may expose yourself to liability if Your Content or other use of the Site violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, use another person’s, or misrepresent your current or former affiliation with an employer or recruiter;
- Submit Content under false or fraudulent pretenses;
- Submit Contentthat you do not own or have the right to use in accordance with the license set forth in these Terms;
- Violate the Terms, the terms of your agreements with us, or any applicable law, rule or regulation;
- Promote, endorse or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers, recruiters or potential recruiters;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Imply a Bespoke endorsement or partnership of any kind without our express written permission;
- Introduce software or automated agents to the Site, or access the Site so as to produce multiple accounts, or to scrape, strip or mine data from the Site without our express written permission;
- “Frame” or “mirror” or otherwise incorporate part of the Site into any website, or “deep-link” to any portion of the Site without our express written permission.
- Copy, modify or create derivative works of Bespoke or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on the Site in connection with a competitive service, as determined by us;
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to the Site or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the Site;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Site; or
- Attempt to circumvent any security feature of the Site.
We do not claim ownership in any Content that you submit to the Site, but you grant us the rights to use such Content as set forth below. By submitting any Content to the Site, you hereby grant to us, and our sister company, Salesgame, LLC, an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. Bespoke may compile and use aggregated non-personal information taken from Your Content that no longer identifies you as an individual and may provide and sell such information to third parties. 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. You agree that this license includes the right for us to provide, promote, and improve the Site and to make Content submitted to or through the Site available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Bespoke. You should only submit Content to Bespoke that you are comfortable sharing with others under the terms and conditions of the Terms.
Rights to Bespoke Content
Bespoke contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Bespoke owns and retains all property rights in Bespoke. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Bespoke solely for your personal use in connection with using Bespoke. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Bespoke or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Bespoke.
You agree to defend, indemnify, and hold us and Salesgame, LLC, our agents, subsidiaries, sister companies, and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “Bespoke Group“) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or otherwise arising from your use of the Site including, but not limited to, due to or arising from your breach of any provision of the Terms.
Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with employers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser, employer, or user of the Site. We are not responsible for any incorrect, inaccurate, or unlawful Content posted on the Site, whether caused by users or by any of the equipment or programming associated with or utilized in the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the Site or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the Site or from any Content posted on the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
The Site is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) the Site will meet your requirements; (2) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (3) the results that may be obtained from the use of the Site will be accurate or reliable; (4) you are guaranteed or will at any time in the future obtain employment through the Site.
You hereby release the Bespoke Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE BESPOKE GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF BESPOKE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE BESPOKE GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF BESPOKE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including employers or recruiters who purchase job ads or display ads and employers or recruiters who purchase features or sponsored listings or posts (“Ads”). Unless we agree otherwise, you may not use or otherwise process data collected or derived from Ads (“Ad Data“) for any purpose (including retargeting, building or augmenting user Profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Enforcement by Bespoke
Removal of Content. While we have no obligation to do so, we reserve the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Bespoke, or that we deem, in our sole discretion, inappropriate. If you see any Content on Bespoke that you believe violates our policies, you may report that Content by contacting us via email or our contact submission form. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate the Terms including, without limitation: removing Content (or portions thereof) from the Site; suspending your rights to use the Site; terminating your account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.
The Terms remain in effect while you use the Site and, for registered users (where applicable), as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of the Site, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of the Terms shall survive termination or expiration of the Terms except those provisions granting access to or use of the Site. For the avoidance of doubt, you agree that these Terms apply to your use of the Site and any Content posted on Bespoke at any time prior to the termination or expiration of the Terms.
Changes to Terms
We may revise the Terms from time to time by posting an updated version on the Site. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify by means of a notice on the Site prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on the Terms. Your continued use of the Site is subject to the most current effective version of the Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Bespoke. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid Wisconsin subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in
Wisconsin at Bespoke, LLC, 100 S. Baldwin St. #300B Madison, WI 53703. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Dane County, Wisconsin or the federal courts in the Western District of Wisconsin, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
The Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of the Site, shall be governed by the laws of the State of Wisconsin without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. Any claim, dispute, or other legal proceeding shall be brought and litigated exclusively in the state courts located within Dane County, Wisconsin or the federal courts in the Western District of Wisconsin, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.