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Terms of Service

This Terms of Service document was last updated September 1, 2016.

Job Seekers: Protect Your Privacy - NEVER share your social security number, credit card or bank account information with ANYONE until you have met a representative of the prospective employer. And NEVER accept a money order, wire transfer, or any other type of written instrument, from an employer who asks you to deposit the funds and send them a lesser amount back - these are COMMON frauds preying on people looking for a job.

Terms of Service

This page states the Terms of Use ("Terms") under which you ("You") may use the Data Frenzy, LLC Sites and the Services (each as defined below). These Terms include the Data Frenzy Privacy Policy, which is incorporated into these Terms by reference.

These Terms constitute a binding agreement between You and Data Frenzy, LLC, and are deemed accepted by You each time that You use or access any Data Frenzy site or Service. If You do not accept the Terms stated here, do not use the Data Frenzy Site or Services.

Data Frenzy Sites are defined as any Web sites under Data Frenzy's control, whether partial or otherwise (including, without limitation, DataFrenzy.com, GadBall.com, RoboJobs.com, PromotingDiversity.com and the Web site from which these terms of use were accessed from) and include the Data Frenzy Services. The Data Frenzy Services are defined as the applications and services offered by Data Frenzy, including an on-line service to post and search employment opportunities and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows You to access such application (collectively, "Data Frenzy Services"). The Data Frenzy Sites also include tools such as GadBall, on-line communities and communication tools. The Data Frenzy Sites also allow Users to create individual profiles, which may include personal information ("Profiles"), and to make these Profiles, or aspects thereof, public. In addition, Data Frenzy may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.

Data Frenzy may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. Users who violate these Terms may have their access and use of the Data Frenzy Sites suspended or terminated, at Data Frenzy's sole discretion.

You must be 13 years of age or older to visit or use any Data Frenzy Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Data Frenzy Site under the supervision of a parent, legal guardian, or other responsible adult.

You may not use the Data Frenzy Content or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.

These Terms of Service provided here define the legally binding Agreement you ("You") must accept in order to continue your use of this, or any Data Frenzy website.

This document explains the Agreement, the Service, and what you, as a User, can expect from Data Frenzy.

Section 1: Accepting this Agreement

If you do not agree to all of the Terms of Service provided herein, you must immediately discontinue all use of any Data Frenzy website.

Your use of the Service or Data Frenzy is your acceptance of this Agreement. Do NOT use any Service or access any web page of Data Frenzy if you do not accept this Agreement. Although we may provide options for Users to decline acceptance of this Agreement, your continued use of any Service or any web page of Data Frenzy, even if you have opted to decline acceptance of this Agreement, is deemed as your acceptance of this Agreement.

Section 2: Eligibility to Accept this Agreement

Only Users who are 13 years of age or older may use the Service or Data Frenzy. By creating an account, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or legal guardian must read and accept the terms of this Agreement prior to your utilization of the Service or Data Frenzy.

No User is permitted to access this site if doing so is prohibited by any law or regulation. Furthermore, you, as the User, are required to know if you are prohibited by any law or regulation from using the Service or Data Frenzy, and it is entirely your responsibility to exclude yourself from using the Service or Data Frenzy.

Section 3: The Service and Agreement

Data Frenzy offers software, products, applications, services and web pages to our users. There are provisions for our users to utilize the Service without payment, and there are aspects of the Service that do require payment. Our clients pay for access to these services. Services requiring payment are clearly marked. Not all requests for access to our Service are granted, even if you offer payment. Likewise, access may be terminated at any time, for any reason, and at the sole discretion of Data Frenzy.

The internet is continuously evolving and Data Frenzy is committed to evolving, improving, and altering the Services we provide; therefore Data Frenzy may change this Agreement with or without notification to you. You acknowledge that Data Frenzy may change the terms of this Agreement at any time, and although Data Frenzy may attempt to notify you of the changes to this Agreement, your use at any time of the Service or web pages of Data Frenzy constitutes your acceptance of the terms of this Agreement published at the time of each access to the Service or any web page of Data Frenzy, with or without notification of new Terms by Data Frenzy.

You may purchase the Service on behalf of others within your organization, for whom you are paying Data Frenzy's fees and providing access rights and/or login credentials to the Service. On behalf of any individual to whom you provide access rights and/or login credentials to the Service, you are binding each to the Terms of this Agreement, and each accepts these Terms as published each time he/she accesses the Service or any Data Frenzy website with the credentials provided by you.

All Data Frenzy Users Agree to Not
  1. transmit, post, distribute, store or destroy material, including without limitation Data Frenzy Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Data Frenzy's privacy policy;
  2. take any action that imposes an unreasonable or disproportionately large load on any Data Frenzy Site's infrastructure;
  3. use any device to navigate or search any Data Frenzy Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Data Frenzy;
  4. use any data mining, robots or similar data gathering or extraction methods;
  5. violate or attempt to violate the security of any Data Frenzy Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  6. forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  7. reverse engineer or decompile any parts of any Data Frenzy Site;
  8. aggregate, copy or duplicate in any manner any of the Data Frenzy Content or information available from any Data Frenzy Site, including expired job postings, other than as permitted by these Terms;
  9. frame or link to any Data Frenzy Content or information available from any Data Frenzy Site, unless permitted by these Terms;
  10. post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
  11. post any resume or Profile or apply for any job on behalf of another party;
  12. defer any contact from an employer to any agent, agency, or other third party;
  13. set more than one copy of the same resume to public at any one time;
  14. share with a third party any login credentials to any Data Frenzy Site;
  15. access data not intended for You or logging into a server or account which You are not authorized to access;
  16. post or submit to any Data Frenzy Site any incomplete, false or inaccurate biographical information or information which is not Your own;
  17. post content that contains restricted or password-only access pages, or hidden pages or images;
  18. solicit passwords or personally identifiable information from other Users;
  19. delete or alter any material posted by any other person or entity;
  20. harass, incite harassment or advocate harassment of any group, company, or individual;
  21. send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
  22. attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Data Frenzy Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
  23. promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
  24. use the Data Frenzy Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Data Frenzy's discretion. Violations of system or network security may result in civil and/or criminal liability. Data Frenzy will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Additional Terms Applicable to Employers.

Employers are solely responsible for their postings on Data Frenzy Sites. Data Frenzy is not to be considered to be an employer with respect to Your use of any Data Frenzy Site and Data Frenzy shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Data Frenzy Site.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Data Frenzy, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Data Frenzy's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Data Frenzy's web servers.

In order to protect our Data Frenzy Users from commercial advertising or solicitation, Data Frenzy reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Data Frenzy deems appropriate in its sole discretion. You shall use the Data Frenzy Networking and Profiles in accordance with all applicable privacy and data protection laws.

Job postings - A Job posting may not contain

  1. any hyperlinks, other than those specifically authorized by Data Frenzy;
  2. misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Data Frenzy's reasonable discretion;
  3. the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Data Frenzy;
  4. the names of colleges, cities, states, towns or countries that are unrelated to the posting;
  5. more than one job or job description, more than one location, or more than one job category, unless the product so allows;
  6. inaccurate, false, or misleading information; and
  7. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

You may not use Your Data Frenzy job posting, Data Frenzy Resume Database, or Profiles to

  1. post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
  2. post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
  3. post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
  4. with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
  5. post jobs or other advertisements for competitors of Data Frenzy or post jobs or other content that contains links to any site competitive with Data Frenzy;
  6. sell, promote or advertise products or services;
  7. post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
  8. post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
  9. post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
  10. promote any opportunity that does not represent bona fide employment which is generally indicated by the employer's use of IRS forms W-2 or 1099;
  11. post jobs on any Data Frenzy Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
  12. advertise sexual services or seek employees for jobs of a sexual nature;
  13. request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
  14. endorse a particular political party, political agenda, political position or issue;
  15. promote a particular religion;
  16. post jobs located in countries subject to economic sanctions of the United States Government; and
  17. except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her
    1. racial or ethnic origin
    2. political beliefs
    3. philosophical or religious beliefs
    4. membership of a trade union
    5. physical or mental health
    6. sexual life
    7. the commission of criminal offences or proceedings or
    8. age.

Data Frenzy reserves the right to remove any job posting or content from any Data Frenzy Site, which in the reasonable exercise of Data Frenzy's discretion, does not comply with the above Terms, or if any content is posted that Data Frenzy believes is not in the best interest of Data Frenzy.

If at any time during Your use of the Data Frenzy Services, You made a misrepresentation of fact to Data Frenzy or otherwise misled Data Frenzy in regards to the nature of Your business activities, Data Frenzy will have grounds to terminate Your use of the Data Frenzy Services.

Resume Database: Use of the Data Frenzy Resume Database by Employers

You shall use the Data Frenzy Resume Database as provided in these Terms and in any contract You have with Data Frenzy. You shall use the Data Frenzy Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Data Frenzy Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.

You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Data Frenzy Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

The Data Frenzy Resume Database shall not be used
  1. for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
  2. to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
  3. to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.

In order to ensure a safe and effective experience for all of our customers, Data Frenzy reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Data Frenzy's sole discretion from time to time.

Additional terms applicable to Job Seekers.

When You register with any Data Frenzy Site, You will be asked to create an account and provide Data Frenzy with certain information including, without limitation, a valid email address (Your "Information"). Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Data Frenzy Sites.

Data Frenzy reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by Data Frenzy or by third parties.

Please see Data Frenzy's Privacy Policy for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Data Frenzy account or Your Data Frenzy account is terminated, all Your account information from Data Frenzy, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Data Frenzy's databases and will be removed from any public area of the Data Frenzy Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Data Frenzy's web servers. In addition, third parties may retain saved copies of Your Information.

Data Frenzy reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

Section 4: Use of Your Personal Information by Data Frenzy

Data Frenzy may incorporate site utilization, geo-location data, and other non-personally identifiable information of you and other Users to enhance the Service.

Clients may purchase access to the Data Frenzy resume or profile database, and information may be downloaded off of Data Frenzy's Sites. Users are requested to review all resume and profile information, and edit contact information recognizing that once downloaded from Data Frenzy, the information may reside on the third parties servers indefinitely.

Section 5: Resume and Profile Personal Information

Resume and, or Profile information aggregated from, or provided by third party websites or web pages is, or was, publicly available at the time the information was retrieved by, provided or submitted to Data Frenzy.

Furthermore, Resume and, or Profile information aggregated from, or provided by third party websites or web pages for which access is restricted by password, is visible only to the Data Frenzy client organization for which the information was retrieved by, provided or submitted to Data Frenzy.

Section 6: Your Use of the Service or Data Frenzy

Your use of the Service or Data Frenzy is entirely voluntary, and by accepting this Agreement you acknowledge and agree that Data Frenzy and, or any parent company, subsidiary, business partner, investor, director, employee or contractor is not liable for the use of the Service, Data Frenzy, or any web page.

This Agreement excludes any Services provided under any separate in force written agreement to you by Data Frenzy, or any parent or subsidiary entity.

At no time, and under no circumstances shall you, or any User to whom you provide login credentials, deem the Service or Data Frenzy or any of the above named entities liable or responsible in any way if any feature does not meet your expectations.

To access the Service and Data Frenzy you are required to provide to us some personal information (such as personal contact information and creation of a password to login) so that we can identify you as a User. You agree that the information you, or any User to whom you provide login credentials, provide to us is accurate, and you agree to update us as this information changes.

You agree to access the Service and Data Frenzy as per the terms as specified in this Agreement, as per any applicable law or jurisdictions (including export of data and software laws of the United States or any other relevant country), and solely through the interface(s) provided to you by the Service or Data Frenzy. Additionally, you agree not to attempt to access the Service or Data Frenzy through any automated means, unless you have written permission from Data Frenzy to do so.

You agree not to engage in any activity that would interfere with or disrupt the Service, including attempting to copy features, code, or reengineering of software or networks of the Service or Data Frenzy.

You agree that content on the Service, Data Frenzy, or any web page or web site linking to or from Data Frenzy may be objectionable, offensive or indecent, and that you use the Service at your own risk. Furthermore, you agree that Data Frenzy, at its sole discretion, has the right to delete content provided by you or any other User. And you agree that you own all content you provide to the Service; the Service and Data Frenzy, or any above stated entity, is not liable for ensuring you own any content you provide to the Service and is not responsible for the content provided by Users. In the event of objectionable or copyrighted information provided by any User on the Service, you must provide us detailed information regarding the URL, date, and content in question, and you can contact us in writing requesting immediate removal of such data. Our address is: Data Frenzy, 1400 Quail Street, Suite 260, Newport Beach, CA 92660.

Section 7: Advertising

The Service includes several advertising products. Data Frenzy does not guarantee the results of any product or feature of the Service. Additionally, Data Frenzy, in its sole discretion, may at any time modify, reject or remove any advertisement and for any reason, and Data Frenzy shall not be liable to refund or credit the Advertiser for such.

Posting of job advertisements are only permitted for true employment opportunities that do not discriminate against any individual, for any reason. Furthermore, we do not permit job advertisements for work at home positions, commission only positions, or for organizations that require a payment from job seekers.

We respect privacy. The Service shall not be used to gather candidate, applicant, resume or profile information for inclusion in a product or service shared, marketed or sold to any third parties. Violation is immediate grounds for termination and may result in prosecution to the fullest extent of the law.

Section 8: Billing

Fees are due at the time Services are requested and are billed to the credit card number you provide. All payments and fees for all features of the Service are due in advance of Service provision, and are active immediately following billing confirmation.

Some products and features are offered with monthly recurring billing plans, in which case each month our software will charge the agreed upon fee to your credit card on file. Data Frenzy shall attempt to charge the credit card on file within 10 days of the next billing date. You will receive a billing confirmation email, to the email address you provide with your credit card information, with a paid invoice each time we process a payment to your credit card.

For monthly recurring billing plans, Data Frenzy will clearly provide you with a Plan Start Date and End Date. For your protection, recurring billing plans do not automatically renew at the Plan End Date.

Failed charges for new accounts will not activate any requested products until billing is processed.

Failed charges for monthly recurring plans will initiate an email to you, to the email address you provide with your credit card information, providing you notification of the failed billing attempt with instructions of how to update the credit card information we have on file.

Unsuccessful attempts to secure payment by Data Frenzy shall not release you from your obligation to pay for the Services you request. Data Frenzy may discontinue providing any product or feature of the Service for which payment is not received. Upon payment receipt the Service is reinstated retroactively to the Payment Due Date, even if you were unable to access or utilize any feature of the Service while your service was interrupted due to the failed payment(s).

All payments to Data Frenzy are EXCLUSIVE of taxes, surcharges or fees due to any governmental or jurisdictional entity; it is the sole responsibility of you to identify and remunerate the appropriate taxes, surcharges or fees in association with your use of Data Frenzy or the Service.

Section 9: Limitation of Liability and Governing Provisions

By using the Service you expressly understand and agree that Data Frenzy is not liable for any direct, indirect, exemplary or consequential damages, including any loss of profit, or any other tangible or intangible loss. This includes damages resulting from your failure to secure the confidentiality of your login credentials (Username and / or Password).

This Agreement shall be governed by the laws of the State of California without regard to conflict of law provisions. You and Data Frenzy agree to submit to the exclusive jurisdiction of the courts located within the count of Orange, California to resolve any and all legal matters. Notwithstanding the foregoing, you agree that Data Frenzy shall be allowed to apply for injunctive relief and / or remedies, or the equivalent, in any jurisdiction.