Mogul Hotels & Resorts LLC, and any of its affiliates (collectively “Mogul,” “we,” or “us”) operates an online website, located at Talentdisruption or at any affiliated web location, and any affiliated mobile or internet-enabled application (collectively, the “Website”) which provides an online talent search engine and recruiting service to its customers (the “Services”).
You (a “User,” “Users,” “you” or “your”) may obtain information from our Website in connection with our Services, and may upload data, and receive data back, from our Website and via our Services. All Users of our Website and Services are subject to the following terms and conditions, and privacy policy, located at privacy-policy (collectively, the “Terms”):
1. Acceptance. Please read these terms carefully. They constitute a binding legal agreement between you and us, and carry important legal rights and implications. If you disagree with these Terms, you may not use our Website or Services. Your continued us of our Website or these Services, as evidenced by connecting to or logging into our Website, or by accessing or using our Website, or by any use of our Services not through our Website, serves as our acknowledgement that you have read and understood the Terms contained in this document, and elsewhere on our Website. From time to time, you may be notified of changes to these Terms, either via e-mail or via a prompt on our Website, or you may be prompted to accept these terms directly. In such cases, your acquiescence to these Terms may be evidenced by clicking “Yes” or “Accept,” or your continued use of our Website or any of our Services, or by doing any other act which unequivocally demonstrates your acceptance of the Terms.
You may not use our Website, Services, or Terms if you are (a) below the age of 18 (b) not of the legal age to form a binding contract in your jurisdiction with us, (c) for any other reason unable to enter into a binding contract with us.
At our sole discretion, we may disable your ability to use our Website and Services if we believe you are or have become unable to consent to these Terms.
2. Changes to Our Terms. From time to time, we may change our Terms. These Terms were last modified on May 4, 2022. Changes to our Terms may occur without notice to you. You may always find an updated version of the Terms at this web location. If you do not agree with any alterations in our Terms, you must discontinue your usage of our Website and our Services. You may also request that your user account, if any, be deleted or permanently disabled, and that we remove any information we may be holding specific to your usage of our Website or Services. Information regarding how to disable your user account and to contact us is contained elsewhere in this document.
3. Description of Our Services. Mogul and its affiliated companies and websites, if any, is a talent management platform focused on the hospitality industry, enabling employers and recruiters to find potential employees, contractors, or affiliated persons using algorithmic techniques to increase the efficiency of searches.
4. User Registration. During your use of our Services, we may ask you to provide personally identifiable information to us, such as your e-mail address and name, in connection with creating a user account on our website, or for any other purpose. Some of our Services may be unavailable to you without the creation of such a user account.
The accurate submission of your name and e-mail address is required to participate in some aspects of our Services. You agree to not submit knowingly false, fraudulent, or inaccurate information in connection with creating a user account on our website, and that you are creating a user account on your own behalf, or with the express consent of a third party who is authorized to use our Services and Websites, and agrees to these Terms.
We may collect data regarding your use of our Services, such as information regarding page view, login times, IP addresses, activity on our websites, and other related information, some of which may be associated with your user account, which may contain personally identifiable information. A description of our privacy policy is more fully developed at the Privacy Policy portion of the Terms.
We may disable or remove your user account for any reason, at any time, in our sole discretion and without your consent or prior knowledge.
5. Fees, Payment, and Other Billing Information. In connection with our Services or our Website, we may charge our Users fees, and obtain personal contact information about the User, both in connection with billing, and in the provisioning of our Services. We may remove, alter, increase, decrease, or otherwise change the amount and manner of these fees at any time and, so long as such a change does not require you to pay a different amount for Services you have already purchased or anticipate receiving, you may not be notified of any of these changes.
In connection with collecting these fees, we may securely transmit your payment information to one of our payment processors. More details about this process is available in the Privacy Policy section of these Terms.
Even if not expressly prohibited via any of these Terms, you may not attempt, in any manner, any circumvention, manipulation, or alteration of our billing system to change what you, from the obvious context of your usage of our Services and fee schedule, are required to pay.
6. Your Password and Security. You agree and understand that you are solely responsible for maintaining the confidentiality of any passwords associated with any account you use to access our Services or Website. We will not give your password out to anyone without your express permission or unless required to do so by law. You agree that you will be solely responsible for the activities that occur under your account, even if your account is accessed by another party without your consent.
7. User Submitted Content. At various times, you may submit content to our Website or Services (the “User Submitted Content”). Such content may contain text, images, hyperlinks, content subject to intellectual property protection such as trademarked information, content subject to various privacy and non-disclosure obligations, and other information and media. You represent that you own or control all of the rights to all of the material submitted to our website, including but not limited to images, and that this material does not violate our Terms, or the rights of any third party, any legal obligations that you may be under with regards to the data, or any relevant laws. We may store this data indefinitely, unless you specifically note that you wish for us to delete this data, so that we may use it to improve our Services, or create new services.
You should not submit or share secret material to us with the expectation that this material will remain secret.
We may process, use, or analyze User Submitted Content you submit in any way, including in ways not yet known, without any compensation, notice, or your consent, at any time, and without the compensation, notice, or consent of any third parties or successors in interest. We may remove or modify User Submitted Content you submit at any time, without your consent or prior notification if we determine, in our sole discretion, that this material violates these Terms.
Our Website and Services are not a permanent repository for your User Submitted Content. We may lose, eliminate access, or disable your ability to access, this User Submitted Content, at any time, at our sole discretion, without prior notice or your consent. Our display or hosting of data you submit does not create any implied right of any kind. We disclaim all responsibility, and assume no liability for any material posted by any third party, including you, or that may result from a loss, modification, or revocation of access to you, any other User, or a third party, to such data.
We may not monitor the User Submitted Content submitted by you, any User, or any third parties for accuracy or for compliance with these Terms or any other relevant terms or laws. We make no express or implied representations regarding the accuracy or legality of such User Submitted Content or other content.
We are not responsible for future misuse or misappropriation of any content posted on our website by third parties, even if this use is not in compliance with these Terms.
You may not submit User Submitted Content you know or believe to be spam, pornographic, illegal, malicious, intentionally defamatory, intending to harm our Services or Website, harm another user, or harm any third party.
You may submit other content to us, such as but not limited to feedback, ideas, reviews, and comments. These submissions in any form are similarly covered by all terms of this subsection, except that, by submitting such content to us, you grant us a perpetual, unlimited, irrevocable license to use, reproduce, modify, distribute, or display such other content you submit to us in connection with our Services, or in any other manner at any other time, including for promotional or other commercial purposes not connected with our Services.
8. Prohibited Uses. The following uses of our Website and Services are prohibited: (a) the use of automated spiders, crawlers, or scrapers, except in connection for inclusion with publicly available web search engine results online (downloading, crawling, or programmatically accessing our Services or Website in any way with the intent to reproduce our information on a competitive website, a content aggregator, or any similar website, is prohibited without our prior written consent); (b) using our Services or Website with the intent of modifying, verifying, or compiling public records of any kind; (c) using our Services or Website with the intent of harassing us, our users, or any third party; to commit any kind of fraud; to intend to cause any harm to us, our users, or any third party; or to instigate or participate in a denial of service attack or similar malicious attack directed at us, our users, or any third party; (d) using our Services or Website with the intent of infringing on the intellectual property rights of any other party; (e) using our Services or Website with the intent of violating any provision of law, rule, regulation, or agreement to which you are a party.
9. Third Party Websites. We may provide hyperlinks or references to other websites. The appearance of these links does not constitute our approval or endorsement of these websites. In many cases, we may have no affiliation of any kind with these third parties.
To the extent permissible by law, we may not disclose any financial or other connections we may have with these third party websites.
We are not responsible for the content of third party websites that may be linked from our website or provided to you via our Services. You navigate to any third party website at your own risk, and may be responsible for compliance with terms, policies, or laws relevant to these third parties.
10. Termination. We may terminate this legal agreement with you, at any time, without notice, and at our sole discretion if (a) you have breached any provision of the Terms, or any law or rule or regulation, or we believe you intend to make such a breach, or we believe you are unable to comply with any provision of the Terms; or (b) we are required to do so by law; or (c) we cease operation or providing Services or our Website.
You may terminate your legal agreement with us at any time by (a) discontinuing the use of our Services, for example, if you have a user account with us, you must delete your user account or inform us of your desire to delete this account, or (b) affirmatively manifesting to us that you wish to terminate this legal agreement, such as by e-mailing us.
Our or your termination of this Agreement shall not in any way impact the rights you have agreed to as detailed in the Disclaimer of Warranties and General Disclaimer, Indemnity, Default and Remedies, and General Legal Terms sections elsewhere in these Terms, or in any other section that explicitly notes it shall continue to be in effect after the expiration or termination of our relationship. These sections remain in effect, and therefore our protections remain in effect, so long as you or your successors in interest retain the ability to litigate any legal claim you may have against us, or any third party that may in any way implicate or involve us maintains such claims, and so long as you or your successors in interest remain liable for any civil or criminal claim arising out of or in any way implicating us or the use of our Website or Services.
Mogul disclaims any liability for any loss you may incur resulting from the loss of such information, or Services.
11. Intellectual Property. All material on our Website, including source code, data, images, business processes, and all other content, is owned by us, unless expressly indicated otherwise. Such owned intellectual property also includes our marks, logos, and similar content, regardless of whether such content is registered. Portions of our content may be licensed or repurposed from other websites, and therefore may be subject to the Terms of Services, Privacy Policies, and other applicable terms from these content providers. If your usage of our Website makes you subject to these terms, you are solely responsible for reviewing these associated terms and complying with them. Some websites and data providers may require us to display licensing or marketing information next to the data, which is one indication that we are licensing or using data from third parties, and may make you obligated to comply with the terms of third parties, however we may not always display such information. Such failure to display this information does not obviate you from your obligations to follow the applicable terms and conditions of the content provider.
We may use utilize trademarked graphics, service marks, images, logos, or other promotional material in connection with our Services. These marks and images may be subject to legal protection within the United States or other jurisdictions. To the extent permitted by law, reproduction of these marks is prohibited without our express consent.
We may interface with other websites or services via an Application Program Interface (an “API”). Through such APIs, your data, including User Submitted Data, or other data on other websites or services for which you have given us access via our Services, may be transmitted, stored, and/or shared with third party API providers or websites. As such, data may be subject to other terms of services and privacy policies through these APIs.
We own trade secrets and know-how that contribute to the functionality of our Website and the Services, which may be legally registered, or be eligible to be legally registered, or may otherwise belong to us. Your usage of our Website or Services does not entitle to any right, claim, or other interest whatsoever in these trade secrets and know-how.
12. Misconduct and Intellectual Property Violations. If you believe that any User has acted inappropriately, which may include, but is not limited to, offensive, violent, illegal, or otherwise inappropriate behavior, you may report such violations to us via e-mail.
We respect the intellectual property rights of our Users, and of third parties. If you believe that your intellectual property rights have been in some way infringed, you may contact us to report such a suspected infringement. We may require you to submit additional information with your query at our future discretion, which may include an identification of the offended material, the basis through which you believe your claim is valid, your contact information, and a sworn statement regarding your status as the true copyright holder.
Wet may limit access to, or temporarily or permanently remove material we believe to be in violation of copyright laws or of another’s intellectual property, even without complaints from Users or third parties. We will comply with the appropriate provisions of the DMCA to the extent possible in handling alleged copyright violations.
13. Changes to Our Website and our Services. From time to time, we may change the Services that we offer, or our Website. For example, we may modify, correct, amend, improve, alter, enhance, or make any other changes to our Website and Services, including discontinuing, on a temporary or permanent basis, our Website and Services. These changes are at our sole discretion, and we may not notify you prior to changes that may directly impact or alter your usage with our Website and Services. You agree that we shall not be liable to you or to any third party for any modifications, suspensions, or discontinuances of our Website or our Services.
14. Displayed Data. Data that appears on our Website or via our Services was and/or is compiled from publicly available sources and various third parties. We are unable to modify this data, unless you affirmatively request that we remove the data from our Website and Services entirely, and provide us with sufficient proof that you are authorized to request removal of this data. Mogul does not create this data, vouch for its accuracy, or guarantee that it is the most recent data available from the data provider. For many or all of the data, the data is by its nature approximate and will contain some inaccuracies. The data may contain errors introduced by the data provider(s) or by Mogul.
15. Disclaimer of Warranties and General Disclaimer. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION THAT APPEARS ON OUR WEBSITE OR THAT IS DELIVERED TO USERS VIA OUR SERVICES, EVEN IF SUCH DATA IS IN DIRECT RESPONSE TO THE DATA YOU HAVE GIVEN US. ALL INFORMATION PROVIDED ON OUR WEBSITE AND VIA OUR SERVICES IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AS MAY BE APPLICABLE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE DISCLAIM ANY RESPONSIBILITY FOR ENSURING THAT OUR WEBSITE IS OR WILL BE SECURE, TIMELY, PRESENT ACCURATE OR COMPLETE INFORMATION, OR BE FREE OF ANY DEFECTS, DAMAGING SOFTWARE OR MATERIAL TO YOU OR YOUR DEVICES.
NEITHER MOGUL NOR ANY OF ITS DATA PROVIDERS WILL BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF THE DATA PROVIDED HEREIN.
The operation of our Services may cease at any time, for any reason, and we are not liable for damages caused by interruption of our Services, cessation of our Services, or for any other reason related to the provision of our Services.
16. Limitation of Our Liability. Please read this section carefully, as it may impact important legal rights.
The use of our Services and Website is solely at your own risk. To the maximum extent legally permissible, you agree that Mogul, its officers, directors, agents, employees, subsidiaries, joint ventures, successor entities, and any other similarly affiliated individuals or entities (“Mogul and its affiliates”), shall not be liable for any damages whatsoever arising from your use of our Website or Services. Damages for which Mogul and it affiliates are not liable for include, but are not limited to, direct, indirect, special, punitive, exemplary, incidental or consequence damages of any kind, derived under any legal system or legal theory, including negligence, regardless of the foreseeability of such damages, and our prior or assumed knowledge regarding the likelihood of such damages. Without limiting the general of the foregoing, Mogul is not responsible for loss of profits, revenue, business opportunities, goodwill, reputational damage, or anticipate savings.
If such any dispute is adjudicated under laws which may limit a general release of this nature, or you are able to claim the protection of these laws in any way, you agree to waive your protections under these laws, to such an extent such a waiver is legally possible, or you agree that the foregoing limitation shall be amended to the maximum extent legally permissible to effect the intent of this section, which is to limit our liability arising from your usage of our Website and Services.
17. Indemnification. You agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures, investors, and employees) harmless from any cost, liability, charge, penalties, claim or demand, including attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of these Terms; your violation of any law or the rights of a third party; or incurred by us as a result of your default under these Terms.
Without impacting our rights as stated in this subsection, we reserve the right to assume the exclusive control of any matter subject to indemnification by you. Our assumption of this control does not excuse your indemnity obligations. You covenant that you will cooperate with assisting us in any way, and in asserting any available defense in such a situation. You agree not to settle any matter subject to indemnification by you without first obtaining our prior written consent.
18. General Terms. (a) The Terms and your relationship with us under these Terms shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Mogul agree that all legal disputes you may bring arising under these Terms shall be submitted to the applicable court of the state courts located within Delaware. Notwithstanding this or other provisions in the, you agree that we shall be allowed to initiate suit, alternative dispute resolution proceedings, apply for damages or injunctive remedies or their equivalents, or bring forth any other matter requiring legal or quasi-legal resolution against you arising out of any dispute in any jurisdiction at our discretion.
(b) If any provision(s) of these Terms is found by a court of competent jurisdiction or an arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intent of the relevant provision.
(c) You agree that these Terms constitute the entire, complete, and exclusive agreement between you and us. This agreement supersedes all prior agreements and understandings, written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms.
(d) To the extent permissible by law, in no circumstance shall you seek or be entitled to injunctive or other equitable relief, or to enjoin or restrain the operation of our Services.
(e) You may not assign your rights or obligations under this Agreement to any other party without our consent. We may assign or delegate your rights or obligations under this Agreement, fully or partially, at any time without notice to you.
(f) Mogul is controlled and operated within the United States. We make no representation, warranties, or other promises that our Service may be accessible in any other country, or that our Services do not violate the laws of any other jurisdiction. Our Services and Website are not directed towards, or intended to be used, outside of the United States. Your use of our Services in another jurisdiction may subject you to legal obligations or penalties. Mogul is not responsible for the potential obligations or liability you may assume by accessing our website or using our Services in another jurisdiction.