Last Updated: September 18, 2015
JobBliss Inc. (hereafter referred to as "JobBliss", "we", "us", or "our") provides an online platform that connects Companies (defined below) who have advertising, development and design opportunities with freelancers seeking to work those opportunities (collectively, the "Services"), which Services are accessible at http://www.GoJobBliss.com and any other websites through which JobBliss makes the Services available (collectively, the "Site").
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COMPANIES (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR OPPORTUNITIES (DEFINED BELOW) AND FREELANCERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK OPPORTUNITIES. YOU UNDERSTAND AND AGREE THAT JOBBLISS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COMPANIES AND FREELANCERS. JOBBLISS HAS NO CONTROL OVER THE CONDUCT OF COMPANIES, FREELANCERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY OPPORTUNITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Collective Content" means Member Content and JobBliss Content.
"Company" means a Member who creates a Listing via the Site or Services;
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Freelancer" means a Member who requests a booking of an Opportunity via the Site or Services.
"JobBliss Content" means all Content that JobBliss makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Listing" means an Opportunity that is listed by a Company as available for Freelancers via the Site or Services.
"Member" means a person who completes JobBliss’s account registration process, including, but not limited to Companies and Freelancers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
"Opportunities" means freelance work for the advertising, development and design industry.
"Service Fees" means fees charged by JobBliss for the Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), Goods and Services Tax/Harmonized Sales Tax (GST/HST) and other similar municipal, provincial and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
JobBliss reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are at or over the age of majority. Any access to or use of the Site or Services by anyone under the age of majority is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are at or over the age of majority.
The Site and Services can be used to facilitate the listing and booking of Opportunities. Such Opportunities are included in Listings on the Site and Services by Companies. You may not view Listings as an unregistered visitor to the Site and Services.
As stated above, JobBliss makes available a platform or marketplace with related technology for Freelancers and Companies to meet online and arrange for bookings of Opportunities. JobBliss’s responsibilities are limited to facilitating the availability of the Site and Services. All arrangements for paying Freelancers must be made directly between Freelancers and Companies.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF OPPORTUNITIES. JOBBLISS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY OPPORTUNITIES. JOBBLISS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND OPPORTUNITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE FREELANCER’S AND COMPANY’S OWN RISK.
In order to access certain features of the Site and Services, to book an Opportunity or create a Listing, you must register to create an account ("JobBliss Account") and become a Member. You may only register to join the Site directly via the Site.
We will create your JobBliss Account and your JobBliss Account profile page for your use of the Site and Services based upon the personal information you provide to us. You may not have more than one (1) active JobBliss Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. JobBliss reserves the right, at its sole discretion, to suspend or terminate your JobBliss Account and your access to the Site and Services if you create more than one (1) JobBliss Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your JobBliss Account, whether or not you have authorized such activities or actions. You will immediately notify JobBliss of any unauthorized use of your JobBliss Account. By creating a JobBliss Account, you expressly consent to JobBliss communicating with you electronically or otherwise using the information provided by you from time to time.
As a Member, you may create Listings. You acknowledge and agree that you are responsible for any and all Opportunities that you post. Accordingly, you represent and warrant that any Opportunity that you post and the booking of that Opportunity (i) will not breach any agreements you have entered into with any third parties; and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Opportunity included in a Listing you post and (b) not conflict with the rights of third parties. Please note that JobBliss assumes no responsibility for a Company’s compliance with any applicable laws, rules and regulations. JobBliss reserves the right, at its sole discretion, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that JobBliss, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that JobBliss does not act as an insurer or as a contracting agent for you as a Company. If a Freelancer requests a booking of your Opportunity, any agreement you enter into with such Freelancer is at your sole discretion and is between you and the Freelancer and JobBliss is not a party thereto.
If you are a Company, JobBliss makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Opportunity. You acknowledge and agree that, as a Company, you are responsible for your own acts and omissions.
JobBliss does not endorse any Members or any Opportunities. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from JobBliss with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
If you are a Company and a booking is requested for your Opportunity via the Site or Services, you will be asked to either confirm the booking, reject the booking, or request additional information. When a booking is requested via the Site or Services, we will share with you certain details about the Freelancer, including (i) the first and last name of the Freelancer who has requested the booking; (ii) a link to the Freelancer’s JobBliss Account profile page; (iii) the Freelancer’s chosen avatar.
When you confirm a booking requested by a Freelancer via the Site or Services, JobBliss will confirm such booking in your JobBliss Account profile page calendar (depending on the selections you make via the Site and Services).
In consideration for providing the Services, JobBliss may collect Service Fees from Companies and these arrangements may be subject to additional terms and conditions.
The Companies, not JobBliss, are solely responsible for honouring any confirmed bookings and making available any Opportunities posted on the Site and Services. If you, as a Freelancer, choose to enter into a transaction with a Company for the booking of an Opportunity, you agree and understand that you will be required to enter into an agreement with the Company and you agree to accept any terms, conditions, rules and restrictions associated with such Opportunity imposed by the Company. You acknowledge and agree that you, and not JobBliss, will be responsible for performing the obligations of any such agreements, that JobBliss is not a party to such agreements, and that, JobBliss disclaims all liability arising from or related to any such agreements.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
JobBliss will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. JobBliss may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that JobBliss has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. JobBliss reserves the right, at its sole discretion, at any time and without prior notice, to remove or disable access to any Collective Content that JobBliss, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trade-mark, and other laws of Canada and other countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights are the exclusive property of JobBliss and its licensors. You will not remove, alter or obscure any copyright, trade-mark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, JobBliss grants you a limited, non-exclusive, non-transferable license, to access and view any JobBliss Content solely for the purpose of the Services. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by JobBliss or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to JobBliss a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. JobBliss does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent, warrant and covenant on a continuing basis that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to JobBliss the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or JobBliss’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trade-mark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that JobBliss is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JobBliss of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trade-marks, service marks, logos, trade names and any other proprietary designations of JobBliss used herein are trade-marks or registered trade-marks of JobBliss. Any other trade-marks, service marks, logos, trade names and any other proprietary designations are the trade-marks or registered trade-marks of their respective parties.
JobBliss respects copyright law and expects its users to do the same. It is JobBliss’s policy to terminate in appropriate circumstances the JobBliss Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (i) terminate these Terms or your access to our Site and Services; and (ii) deactivate or cancel your JobBliss Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event JobBliss terminates these Terms, or your access to our Site and Services or deactivates or cancels your JobBliss Account you will remain liable for all amounts due hereunder. You may cancel your JobBliss Account at any time via the "Cancel Account" feature of the Services or by sending an email to terms@GoJobBliss.com . Please note that if your JobBliss Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site or Services, including, but not limited to, any reviews or feedback.
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT JOBBLISS DOES NOT HAVE AN OBLIGATION TO CONDUCT ANY CHECKS OR DUE DILIGENCE OF ANY KIND (INCLUDING WITHOUT LIMITATION, BACKGROUND CHECKS) ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, FREELANCERS AND COMPANIES, BUT MAY CONDUCT SUCH CHECKS OR DUE DILIGENCE IN ITS SOLE DISCRETION AND WITHOUT LIABILITY. THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED STRICTLY "AS IS", WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JOBBLISS EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. JOBBLISS MAKES NO REPRESENTATION, WARRANTY, OR CONDITION THAT THE SITE, SERVICES, AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY OPPORTUNITIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JOBBLISS MAKES NO REPRESENTATION, WARRANTY, OR CONDITION REGARDING THE QUALITY OF ANY LISTINGS, OPPORTUNITIES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOBBLISS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY REPRESENTATION, WARRANTY, OR CONDITION NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY COMPANIES OR FREELANCERS. YOU UNDERSTAND THAT JOBBLISS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY OPPORTUNITIES. JOBBLISS MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FREELANCERS AND COMPANIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY JOBBLISS. JOBBLISS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY FREELANCER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
NEITHER JOBBLISS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER ECONOMIC LOSSES, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
IN NO EVENT WILL JOBBLISS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES EXCEED ONE HUNDRED DOLLARS ($100) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBBLISS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOBBLISS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You shall release, defend, indemnify, and hold JobBliss and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (ii) your Member Content; (iii) your (a) interaction with any Member; (b) booking of an Opportunity; (c) creation of a Listing; or (d) the booking of an Opportunity by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an Opportunity; and (d) your breach of these terms.
In connection with your use of the Site, Services, or Collective Content, if you encounter anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to JobBliss by contacting us with your police station and report number at reporting@GoJobBliss.com ; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between JobBliss and you regarding the Site, Services, Collective Content, and any bookings or Listings of Opportunities made via the Site or Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between JobBliss and you regarding bookings or listings of Opportunities, the Site, Services, and Collective Content EXCEPT with regard to any fee agreements made between a Company and JobBliss.
You may not assign or transfer these Terms, by operation of law or otherwise, without JobBliss’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JobBliss may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective heirs, administrators, executors, legal personal representatives, successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by JobBliss (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
This Agreement is governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Each party irrevocably attorns and submits to the jurisdiction of the Ontario courts situated in the City of Toronto and waives objection to the venue of any proceeding in such court or that such court provides an inconvenient forum.
The failure of JobBliss to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JobBliss. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact JobBliss at terms@GoJobBliss.com.