SAGAFTRA.ORG CAREERS TERMS OF USE

These Terms of Use and Privacy Policy (“Agreement”) are applicable to the SAG-AFTRA Career Center site located at careers.SAGAFTRA.org (the “Site”).  The Site is intended for individuals seeking employment with SAG-AFTRA and for no other purpose.

1.  Changes to the Site. SAG-AFTRA may add or change the content of the Site at any time and any additions or changes shall be automatically deemed covered by these Terms.  SAG-AFTRA may terminate or suspend the Site or your access to the Site, in whole or in part, at any time.  No such actions shall be deemed a breach or violation of this Agreement by SAG-AFTRA.  SAG-AFTRA shall not be obligated to provide individual notice to you of any changes to the Site unless otherwise required by law.

2.  Posting User Content. You may not use the Site or post anything to the Site unless you are at least 18 years of age.  You are responsible for everything you post or transmit to or through the Site, including, for example, your name, address, telephone number, contact information, experience, resume, and other information you provide (“User Content”).  You certify that all User Content is true and complete. You understand that any false information or omission may disqualify you from further consideration for employment and may result in your dismissal if discovered at a later date

3.  Authorization and Release.  You authorize the investigation of any or all statements contained in the User Content. You also authorize, whether listed in your resume or not, any person, school, current employer, past employers and organizations to provide relevant information and opinions that may be useful in making a hiring decision. You release such persons and organizations from any legal liability in making such statements. You understand you may be required to successfully pass a drug screening examination. You hereby consent to a pre- and/or post-employment drug screen as a condition of employment, if required. You understand that if you are extended an offer of employment it may be conditioned upon your successfully passing a complete pre-employment physical examination.  You consent to the release of any or all medical information as may be deemed necessary to judge your capability to do the work for which you are applying.

4.  YOU UNDERSTAND THAT YOUR SUBMISSION OF AN APPLICATION FOR A POSITION, YOUR SUBMISSION OF ANY USER CONTENT, OR ANY STATEMENTS BY SAG-AFTRA OR ITS REPRESENTATIVES DO NOT CREATE AN EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT NOR GUARANTEE EMPLOYMENT FOR ANY DEFINITE PERIOD OF TIME.  SAG-AFTRA DOES NOT GUARANTEE THAT IT WILL REVIEW OR RESPOND TO ALL SUBMISSIONS RECEIVED.  YOU UNDERSTAND THAT, WHILE A POSITION MAY BE LISTED ON THE SITE, IT MAY NO LONGER BE OPEN. 

5.  Inappropriate Content; Suspension or Termination of Account. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, or otherwise inappropriate for the Site’s users; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) infringes on the copyright, trademark, right of publicity or other intellectual property rights of others.  SAG-AFTRA reserves the right to suspend or terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. SAG-AFTRA may, in its discretion, suspend or terminate your account for any violation of this Agreement or applicable law.  You are expressly prohibited from exploiting job postings for any commercial purpose (such as in the operation of a professional recruiting service). You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003.  It is SAG-AFTRA's policy, in its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.  SAG-AFTRA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.  SAG-AFTRA reserves the right to delete your account after a significant period of inactivity, in which case you may need to create a new account.

6.  Passwords and User ID’s. You are responsible for maintaining the confidentiality of any user identification, password and account information for the Site. You may not share your user identification or password with anyone and you may not allow any others to use your account. You are responsible for all activities that occur under your user identification, password or account.  You agree to notify SAG-AFTRA immediately of any unauthorized use of your account, user name, or password. SAG-AFTRA shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge or consent. You may be held liable for any losses incurred by SAG-AFTRA, its affiliates, officers, directors, employees, consultants, agents, members and representatives due to someone else’s use of your account or password.

7.  Restrictions. You agree that you shall not:

a.   interrupt or disrupt or attempt to interrupt or disrupt the Site in any way or prevent or impede any other party’s access to the Site;

b.   provide false or misleading information about yourself or others on or through the Site;

c.   post any User Content on or through the Site that contains or delivers any form of viruses, trojan horses, or any other form of malicious or harmful program.

d.   modify or change or attempt to modify or change any aspect of the Site;

e.   collect or store personal data about other users on the Site;

f.   violate or attempt to violate any security features of the Site, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

g.   attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

h.  interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;"

i.  use the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

j.   forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or

k.   attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Site.


Any violation of system or network security may subject you to civil and/or criminal liability.

8.  Copies and Disclosures. SAG-AFTRA has the right to store and make copies of the User Content and to make some or all of the User Content available to third parties who may host, manage or maintain the Site on behalf of SAG-AFTRA, and third parties who may provide SAG-AFTRA with assistance in its hiring process.  SAG-AFTRA shall have the right, but not the obligation, to disclose User Content  if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this Agreement; (c) respond to claims that any User Content violates the rights of other parties; or (d) protect the rights, property, or personal safety of SAG-AFTRA, the Site, the users of the Site and the public. 

9.  Proprietary Rights. SAG-AFTRA owns all SAG-AFTRA copyrights, trademarks, service marks, intellectual property as well as the graphics, text, and contents of the Site (other than User Content posted by you or other users) and other proprietary materials (“SAG-AFTRA Intellectual Property”).  You shall have no rights in any SAG-AFTRA Intellectual Property and you are not permitted to use any SAG-AFTRA Intellectual Property for any purpose.  Others who post any information and materials to the Site may own rights to that information and materials or such other matters and you shall not copy, transmit, repost or otherwise use any such information and material or such and other matters anywhere without the express, prior and written permission of the owner of that information and material or such other matters.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site.  The copyright in all contents of Site is the property of SAG-AFTRA, all rights reserved. 

10.  Rights in User Content. SAG-AFTRA does not claim ownership in any User Content. You hereby grant to SAG-AFTRA, and SAG-AFTRA’s successors, assigns, agents and licensees, a non-exclusive, worldwide, irrevocable, perpetual, fully paid license to use, copy, display, post, repost, distribute, transmit, , reproduce, edit, translate, reformat, make compilations, data bases, derivative and other versions of the User Content. 

11.  Linking to the Site. SAG-AFTRA does not object to links made to the Site provided that the following guidelines are followed: 

a.  Notification. SAG-AFTRA requests that it be notified prior to the establishment of a link from any external web site tohttp://careers.sagaftra.org. or any portion thereof.  Notification shall be sent to SAG-AFTRA at webhelp@sagaftra.org.

b.  Plain Text Links. You may link to the Site using the plain text name: “Screen Actors Guild-American Federation of Television and Radio Artists” or “SAG-AFTRA”.  Unless SAG-AFTRA specifically agrees in writing, you may not use any of SAG-AFTRA’s other trademarks, service marks, logos, designs, images, photographs, or slogans to link to the Site.  Due to content updates, it is recommended that any links to the Site be only to the home page of careers.sagaftra.org.   

c.  No Endorsements. You may not link to any part of the Site, or make reference to SAG-AFTRA, in a manner that suggests SAG-AFTRA has a relationship or affiliation with your site or you or that SAG-AFTRA endorses, sponsors or recommends your site or the information, products, or services on your site. 

d.  Restriction. Unless SAG-AFTRA specifically agrees in writing, no part of the Site or its content may be incorporated into another site (e.g., by in-lining or framing or other formats).  None of SAG-AFTRA’s names, logos, designs, images, photographs, slogans, trademarks, service marks, or any other words or codes identifying SAG-AFTRA’s website shall be used in any metatag or other information used by search engines or other information location tools to identify and select sites. 


12.  Your Representations and Agreements. You represent, warrant and agree that:

a.  You are at least 18 years of age.

b.  The User Content posted or transmitted on or through the Site does not and will not impair or violate any rights of any other person or entity, including, but not limited to, contract, copyright, trademark, trade dress, privacy, publicity or any other rights.

c.  The User Content complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this Agreement, the Site or otherwise anywhere in the world.

d.  The User Content is original with you; that all information contained in the User Content is completely truthful, honest and not misleading in any way.

e.  You are solely responsible for full compliance with all federal, state and local laws, statutes, rules and regulations of the United States and similar enactments anywhere in the world regulating this Agreement, the Site or otherwise.

f.  You will not seek to hold SAG-AFTRA, or any of SAG-AFTRA’s subsidiaries, affiliates, owners, officers, directors, agents, members, attorneys or others liable in any manner for anything that may result from your or another person’s use of the Site or the User Content. 

g.  You will indemnify, defend and hold harmless SAG-AFTRA, SAG-AFTRA’s subsidiaries, affiliates, owners, officers, directors, agents, members, attorneys as well as respective heirs, successors and assigns against any and all claims, demands, costs, awards, damages and the like, including attorneys’ fees and costs, that may arise from (i) your violation of this Agreement, including a breach or claimed breach of any of your warranties, representations or obligations, or (ii) for any other cause of action or claims by any third party, including but not limited to any governmental body, relating to your User Content or to your use of the Site.  The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.


These representations, warranties and agreements will survive the expiration or earlier termination of this Agreement. 

13.  Disclaimers. 
THE SITE AND ALL OF THE COMPONENTS OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LINKS AND ADVERTISING, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.  SAG-AFTRA DOES NOT WARRANT THAT ANY OF THE MATERIAL YOU POST ON OR THROUGH THE SITE WILL BE SECURE.  YOU ARE USING THE SITE AT YOUR OWN RISK.  SAG-AFTRA SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO, ANY “HACKERS” OR THOSE WHO MIGHT INVADE OR DISRUPT THE SITE OR TAKE INFORMATION INCLUDING MATERIAL YOU PROVIDE FROM THE SITE OR OTHERWISE.  SAG-AFTRA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.


SAG-AFTRA SHALL NOT BE RESPONSIBLE FOR THE CORRECTNESS OR ACCURACY OF ANY INFORMATION OBTAINED FROM THE SITE, WHETHER SUCH INFORMATION IS FROM SAG-AFTRA OR FROM ANY OTHER PARTY.  SAG-AFTRA DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY OTHER PARTY.  SAG-AFTRA SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO ANY PARTY WHICH MAY PROVIDE SERVICES TO THE SITE OR TO YOU.  

SAG-AFTRA MAKES NO CLAIMS, PROMISES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE INFORMATION CONTAINED IN OR LINKED TO THE SITE AND DATABASE. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAG-AFTRA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OR COSTS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY OR THROUGH SAG-AFTRA, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT, FAILURE TO PAY FOR SERVICES OR WORK, OR ANY FAILURE OF SAG-AFTRA OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS OR ACCESS TO THE SITE FOR ANY PERIOD OF TIME.  THIS LIMITATION WILL APPLY REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES AND REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.

14.  Miscellaneous.

a.  The Site is provided by Screen Actors Guild-American Federation of Television and Radio Artists, located at 5757 Wilshire Blvd., 7th Floor, Los Angeles, CA 90036-3600.  If you have any complaints about the Site, you can contact SAG-AFTRA at the above address. Please be sure to note all such correspondence ATTN: Legal Department/Website Policies. 

b.  If you believe your copyright rights have been violated by any content on this website, you should notify SAG-AFTRA’s Designated Agent.  The name of SAG-AFTRA’s agent is Duncan Crabtree-Ireland, General Counsel, located at 5757 Wilshire Blvd., 7th Floor, Los Angeles, CA 90036-3600, facsimile (323) 549-6624.

c.   This Agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein, without regard to conflicts of laws rules, as well as the laws of the United States, where applicable. This Agreement is the complete understanding between you and SAG-AFTRA with respect to the subject matter. 

d.  SAG-AFTRA may add to or change the provisions of this Agreement by posting such changes on the Site but without any individual notice to you except as may be required by applicable law.  If you use the Site after such change is so posted, you will be deemed to have accepted such change and such change shall be made a part of this Agreement. 

e.  A waiver of any provision of this Agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach.  All remedies available to SAG-AFTRA in this Agreement and under applicable law are cumulative and the exercise by SAG-AFTRA of any remedy shall be without prejudice to SAG-AFTRA’s exercise of any other rights or remedies available to SAG-AFTRA. 

f.  Any dispute arising under this Agreement shall be determined only by a court of competent jurisdiction in Los Angeles, California.  You expressly consent to personal jurisdiction in such state and in such court. In any action under this Agreement, the prevailing party shall be entitled to attorneys’ fees and court costs.  In the event any portion of this Agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this Agreement.  All of the provisions of this Agreement shall survive the termination of this Agreement for any reason.

g.  It is the policy of SAG-AFTRA to consider all qualified applicants for employment without regard to race, color, religion, national origin, sex (including pregnancy) sexual orientation, age, disability, veteran status or other characteristics protected by law.


15. 
Effective Date: The effective date for these Terms is October 21, 2013.

SAGAFTRA.ORG CAREERS PRIVACY POLICY

The following are the terms of the privacy policy of SAG-AFTRA regarding use of the Site. This Privacy Policy applies only to information collected by SAG-AFTRA through the Site and does not apply to personal information collected through other sources or by any other means. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy. 

A.   Kinds of Information Collected. SAG-AFTRA collects information from you and about you and your use of the Site and uses that information in various ways. 

 1.  Registration
. In order to register for the Site, you may be required to provide or confirm personal information including your name, address, telephone numbers, email address(es) and other identifying information. (“Registration Information”).  You may also be asked to provide additional information, such as gender, ethnicity, race, veteran status, and disabled status (“EEO Information”). You will also be asked to create a password and to provide a password hint, in the event you lose or forget your password. You may be required to confirm this information from time to time. SAG-AFTRA may use Registration Information and EEO information for its internal purposes, including, for example, making contact with you as appropriate and maintaining records of those who apply for open positions.

 2.  Traffic and Transaction Data. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). Some limited personal information about you may also be collected in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that data may be helpful for improving the services we offer.  In addition, we may use IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with service providers on an aggregate and anonymous basis.

 3.  Cookies.  From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to the Site. We do not set any personally identifiable information in cookies. For example, cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Site may be diminished and some features may not work as they were intended.  We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit the Site, or for other purposes.

 4.  Contact Data. SAG-AFTRA may collect your legal name, address, residence address, business contact information, telephone numbers, fax numbers, email addresses, and other contact information.  This information may be used by SAG-AFTRA to communicate with you, including in regard to SAG-AFTRA business including employment matters or otherwise. SAG-AFTRA may also disclose this information to affiliates or to third parties it has contracted with to perform certain services on its behalf or to administer certain benefits.

 5.  Resume Data. You may submit an electronic copy of your resume to the Site and may be asked to provide information in addition to Registration Information with respect to your application for a specific position (“Resume Data”).  SAG-AFTRA may use Resume Data for its internal purposes, including, for example, making contact with you as appropriate, maintaining records of those who apply for open positions and evaluating your application for open positions.   

 6.  Return Email Addresses. When you send email inquiries to SAG-AFTRA, your return email address is used to answer the email inquiry we receive. SAG-AFTRA does not use the return email address for any other purpose and does not share the return email address with any third party unless specifically authorized by you in the email inquiry. 

B.   Your Rights to Opt Out and Change or Delete Your Information.
If you do not wish to receive e-mail or other correspondence you may request that SAG-AFTRA disable your account by contacting SAG-AFTRA using the form found at http://careers.sagaftra.org/contact_us_clean.aspx. You may change or update the information you provide, other than Resume Data, by accessing your online account. Regardless of your requests for deletion or changes, SAG-AFTRA has the right to retain all Registration Data, Resume Data and other content you post on the Site for its internal and archival purposes. 

C.   SAG-AFTRA’s Rights to Change; Permitted Releases. SAG-AFTRA may change this privacy policy or any aspect of it by publicly posting such changes on the Site but without any individual notice to you.  If you use the Site after such change is so posted, you will be deemed to have accepted such change and such change shall be made a part of this privacy policy.  Notwithstanding anything else in this privacy policy, SAG-AFTRA may release information when SAG-AFTRA believes that such release is reasonably necessary to (1) comply with law, (2) enforce or apply terms of any of agreement between you and SAG-AFTRA or (3) protect the rights, property or safety of SAG-AFTRA, other users, or others.

D.   Miscellaneous. Please see the Terms of Use document for other provisions that apply to your use of the Site. 

E.   Effective Date:
 The effective date for this privacy policy is October 21, 2013.