Poolside Site Rules

1. Accessing the Site.  You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Poolside, unless you have been specifically allowed to do so in a separate, written agreement with Poolside. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Poolside, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Poolside has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Poolside may suffer) of any such breach.​

 

2. Harmful Code.  You agree that you shall not transmit to Poolside or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.​

3. Unauthorized Actions on the Site.  Users may not:
 

  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to: 

  • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;

  • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

  • data mining any Poolside property;

  • sending messages to users who have asked not to be contacted;

  • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and

  • using Poolside resume contacts in violation of Poolside policy, as determined by Poolside, including, for example, as indicated by low response rates from those persons contacted.

  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Poolside may block the transmission of such content.

  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

  • Conduct or forward pyramid schemes or similar programs.

  • Transmit content that may be harmful to minors.

  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Poolside.

  • Violate the legal rights (such as rights of privacy and publicity) of others.

  • Promote or encourage illegal activity.

  • Interfere with other Poolside users’ enjoyment of the Site.

  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.

  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Poolside account.

  • Modify, adapt, translate, or reverse engineer any portion of the Site.

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.

  • Reformat or frame any portion of the web pages that are part of the Site without Poolside’s explicit written permission.

  • Contact other Poolside users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Poolside considers detrimental to its users.

  • Create multiple Poolside accounts without permission.

  • Create multiple Poolside accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.

  • Bypass any limitations or suspensions of functionality.

  • Provide false information.

  • Scrape the Poolside Resume database

  • Scrape or otherwise replicate any Poolside content for competitive purposes

  • Users agree not to post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding. You are also prohibited from posting any User Content containing personal identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier, which may lead to identity theft and other adverse consequences, and for which Poolside has no responsibility and disclaims all liability for any posting of such identification information.

 

4. Actions by Poolside.  Poolside may take the following actions to ensure that the Site Rules contained herein are properly enforced:

  • Poolside reserves the right to use any User Content (including the content of messages or materials sent through or to the Site or Poolside, if applicable) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Poolside reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to Poolside enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to Poolside’s message relay, or of your use of any other functions of the Site, with or without notice. Poolside shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

  • Poolside further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Poolside or its users, or otherwise conducting fraudulent activity on Poolside by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Poolside. Poolside reserves the right to turn over any information gathered via such investigations to the police or other third party if Poolside has a good faith belief that you are using the Site in violation of these terms.

  • Poolside reserves the right to terminate any user for non-compliance with the Site Rules as set forth in the Terms. 

 

5. Claims of Infringement.  The Digital Millennium Copyright Act of 1998 (“DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Poolside infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Poolside to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 

  • If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Poolside a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright/) for details. Notices and counter-notices with respect to the Site should be sent in writing to Poolside Copyright Notice, 222 W Merchandise Mart Plaza, Suite 575, Chicago IL 60605, or to team@poolside.co. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

  • For claims of infringement that do not involve a U.S. copyright, please contact us via team@poolside.co

 

CONTACT US
team@poolside.co
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