ON-LINE COMMUNITY RULES, AGREEMENT, AND POLICIES
WorldatWork Engage Community
Welcome to the WorldatWork Engage Community! The Community is made up of WorldatWork members and serves as a go-to destination for WorldatWork know-how, peer-to-peer support and thought leadership on best practices. We also ideate with customers directly on how to improve and extend WorldatWork products. We’d love to see users learn from each other and build their influence and profile on the Engage Community.
Every community user of ours agrees to abide by these Community TOU and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Community TOU’s. We will enforce and ensure compliance with this Community TOU by using methods we consider to be appropriate.
We reserve the right to modify these Community TOU’s at any time without giving you prior notice. You can find the most recent version here. Your use of the community following any such modification constitutes your agreement to follow and be bound by these Community TOU’s as modified. You agree to review the Community TOU’s on a regular basis and always remain in compliance.
- “Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Engage Community, whether by WorldatWork, our customers, or other users of the Engage Community. Community Content does not include Your Content.
- “Community Guidelines” (including the ON-LINE COMMUNITY RULES, AGREEMENT, AND POLICIES) means the policies applicable to users of the Engage Community which we have published at: https://worldatwork.connectedcommunity.org or another website we designate. These include the applicable privacy guidelines and policies
- “WorldatWork Engage Community” means the online community accessible at: https://worldatwork.connectedcommunity.org
- "Sensitive Information" means any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.
- "Third-Party Products" means products and professional services that are provided by third parties which may interoperate with or be used in connection with the WorldatWork products.
- "Third-Party Sites" means third-party websites linked from within or accessed through the Engage Community.
- "WorldatWork", "we", "us" or “our” means WorldatWork, Inc. and our affiliates.
- "You" or "your" means the person or entity using the Engage Community.
- "Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Community, by you.
- "Interactive Services" means . Discussion groups, chat rooms, bulletin boards and other interactive functionality.
- Access to the Engage Community
We will provide you access to use the Engage Community according to the terms of this Agreement. We may use third party service providers to provide some or all elements of the Engage Community. In order to access and use the Engage Community, you may be required to establish a username with a third-party service provider, and you grant us the right to share the information necessary to enable your use of the Engage Community with our third party service providers. You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Services including, without limitation, your name or your company's name, login credentials. You represent, warrant and covenant to us that any and all information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable.
Certain features and functions of the Services are not generally available to the public. In order to access and use such features and functions, we may require you to enter your email and password. Third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Services. Your email, password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.
You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security
You may not use or allow others to use, your IDs and/or the Services, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Services, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; and/or (d) infringes any intellectual property, privacy or proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
You also may not use, nor allow others to use, your IDs, the Services, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Services or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Services, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Services.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Services or services to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
If you believe your access to or use of the Engage Community has been breached, compromised, or unauthorized, notify us immediately at: CommunityManager@worldatwork.org.
- Your Conduct and Content
- Usage Guidelines. You must review and follow the Community Guidelines. We may change the Community Guidelines from time to time by updating the applicable website. Your use of the Engage Community is subject to the Community Guidelines, which are incorporated to this Agreement by reference.
- Acceptable Use. You will use the Engage Community for its intended purpose only and will not use it for solicitation or advertising purposes, unless we otherwise agree. Your Content should typically relate to inbound best practices, the WorldatWork products or their use.
As a part of and in connection with your use of the Services, you may have access to and use of "Interactive Services". If you participate in or use any Interactive Services, you are responsible for any Content you upload, post, link to or otherwise transmit (collectively "transmit") and the consequences thereof. YOU CAN BE HELD LEGALLY LIABLE FOR WHAT YOU TRANSMIT. If you choose to transmit any Content using such Interactive Services, you agree to do so solely for lawful purposes, in compliance with all applicable laws, and in a professional manner. You expressly agree that we have no responsibility for or control over the Content you may transmit using these Interactive Services. You agree not to use the Interactive Services to post jobs, market products, solicit resumes, collect email addresses, or conduct surveys except where such activity may be expressly called out by WorldatWork as the purpose of the Interactive Services (such as WorldatWork's HR Jobs) or where such activity is expressly permitted under separate agreement with WorldatWork. We make no representation that your use of the Interactive Services will comply with applicable laws or that they were designed to comply with the applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Engage Community is meant for public discussion, so you may not disclose or solicit anyone's private information or disclose confidential information. You are responsible for the use by third parties of any personal information disclosed by you to the Engage Community, whether or not you permitted such use. This means that no private or personal information should be exchanged within the Engage Community. Upon our consent, certain users may be permitted to include a link as part of their signature information, which another user may click to leave the Engage Community and obtain or share additional information. If you share your information by following one of these links, then you grant us the right to further share your information with trusted partners so that they may contact you about inbound marketing or sales service offerings.
You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Engage Community or Community Content. In addition, and without limiting the other requirements in this Community TOU’s, you may not (directly or indirectly) use the Engage Community with content, or in a manner that:
- is in violation of this Agreement;
- is confidential, proprietary or discloses Sensitive Information;
- discloses or solicits the private information of any person;
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party's intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Engage Community from using and enjoying our website and/or the Engage product;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- damages, disables, overburdens, or impairs any Engage website or interferes with any other party's use and enjoyment of the Engage Community;
- mirrors or frames the Engage Community website, or any part of it, on any other website or webpage;
- attempts to gain unauthorized access to the Engage Community, or access the Engage Community by any means other than through the interface that we provide to you;
- violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties; and/or
- is in violation of any applicable law or regulation.
WorldatWork has no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities. Persons found in violation of this Section may have their access to such Interactive Services blocked, and, in certain cases, WorldatWork membership discipline procedures may be initiated. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit via the Interactive Services by all means and in any media now known or hereafter developed for any use or purpose. In addition, by using the Services, you agree to release WorldatWork and its advertisers from any liability arising from Content transmitted by anyone on the Interactive Services, and you agree to release, hold harmless, indemnify and defend the WorldatWork and its advertisers from any and all legal or civil actions and penalties and costs, including without limitation attorneys' fees, arising from any Content you transmit.
- Suspension and Notice of Violations. We may immediately suspend use of the Engage Community, without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content). If you know of usage that is in violation of this Agreement, please let us know by contacting us at: CommunityManager@worldatwork.org, and following the process for claims of copyright infringement described below.
- Our Use of Your Content. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Engage Community. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. You also grant us the rights to re-use Your Content to market and promote WorldatWork, such as on our website, in public or private presentations, press releases and interviews, or in connection with our sales and marketing and other publicity efforts. We will endeavor to work with you before re-using Your Content.
- Engage Community and WorldatWork’s Proprietary Rights
You are not granted a license to any software by this Agreement. The WorldatWork products are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. Our trademarks may not be used without our prior written permission.
We encourage all parties to comment on the WorldatWork, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the products, without payment or attribution to you.
- Term and Termination
- Term. This Agreement will apply for as long as you use or maintain a username for the Engage Community.
- Termination and Suspension. We may terminate this Agreement and/or suspend your access to the Engage Community immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Engage Community in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with the Engage Community after termination. Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated, if you have one.
- Your Representations and Warranties
You represent and warrant that: (i) your participation in the Engage Community will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Engage Community, and that you are not violating any confidentiality obligations by submitting Your Content to the Engage Community, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of the Engage Community, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
- Disclaimers; Limitations of Liability
- Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF ANY WorldatWork PRODUCTS OR SERVICES, THE ENGAGE COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE ENGAGE COMMUNITY IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE ENGAGE COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. THE ENGAGE COMMUNITY AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
- No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WorldatWork BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
- Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.
- Third Party Products and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE ENGAGE COMMUNITY TO YOU.
- Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at https://worldatwork.connectedcommunity.org. The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use the Engage Community.
- Applicable Law. This Agreement shall be governed by the laws of the State of Arizona without regard to the conflict of law’s provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Maricopa County, Arizona.
- Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
- Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
- Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Community Content and the WorldatWork products and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Community Content or the WorldatWork products and services to prohibited countries or individuals or permit use of the Community Content or the WorldatWork products and services by prohibited countries or individuals. In addition, the parties hereby agree to opt-out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA"). This Agreement may not be modified by anyone except in writing signed by an authorized officer of WorldatWork. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
- Correction of Errors and Inaccuracies. The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.
- Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
- Entire Agreement. This Agreement is the entire agreement between us for the Engage Community and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
- No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
- Community Guidelines. We may change the Community Guidelines from time to time by updating our website.
- No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the WorldatWork products and services, our trademarks, or any other property or right of ours.
- Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.