Terms of Service

Introduction

Keyhole Careers (KHC) is a digital marketplace, where registered Users can review and find freelancers and companies under the conditions set by these Terms of Service. KHC is run by Wilson Carroll Research Service, LLC.

By registering as a User on KHC, you accept this agreement (below the Agreement), and agree to comply with these Terms of Service and all other rules, policies, and disclaimers subsequently published on the Service, or notified to the User (collectively the Terms).

If you do not agree with all the Terms, do not use the Service.

KHC is a venue for professional purposes to allow Users to review and research companies and for companies to find freelancers for business purposes. Users of the Service either provide or buy Digital Content, on a commercial basis, in Transactions (defined below).

KHC does not take any part in the interchange between users, and is only a collection of reviews, accounts, and administrative support functions to facilitate the purchase and sale of services. You acknowledge that KHC cannot and does not edit, modify, endorse, or guarantee the content of individual Transactions. Accordingly, KHC is not liable for any acts or omissions of Users, content in Transactions, the ability of Users to deliver, or the ability of Users to pay for requested services. Wilson Carroll Research Services, LLC cannot ensure that a User will complete an offered Transaction.

Definitions

In this Agreement the following terms shall have the meaning as stated below:

Company User: A User representing a Company or other legal and taxable entity. Freelance User: A User that works as a professional Freelancer solely representing him/herself. Digital Material: All digital material uploaded to the Service by the User, including but not limited to Digital Content, information, references, resumes, chat content, diplomas, reviews, etc.

IP Rights: All forms of intellectual property rights and protections throughout the world, whether currently existing or hereafter developed or acquired and whether now known or hereafter recognized, including, but not limited to, all right, title and interest arising under common or statutory law in and to all copyrights, copyright registrations, design registrations, and applications therefor.

Public Material: Digital Material intended for publication to the general public.

Service: Those services provided by KHC on www.keyholecareers.com (Internet), mobile networks, or any other communications method now known, or in the future developed, and when applicable, by representation on other websites in the form of links, widgets, or similar applications, whether presented by KKC, or integrated as part of a Users’ representation. Services may include:
A display of requests, and advertising of Digital Content
Administrative interface for managing Digital Material, requests, account, profile, personal network, requests for withdrawals of funds, and more
Links, widgets or other representations of the Service and/or Site and/or the Transaction module
The Transaction module
Payment solution, and pay out solution
Storage of uploaded digital material

Terms: This Agreement and the collective set of rules, messages, policies and disclaimers published on the Service, governing the use of the Service, the rights and obligations of the User and KHC.

Registration & Eligibility

In order to use the Service, it is required to register an account and become a User. The Service is available only to (i) Business Users or (ii) Freelancer Users who are at least eighteen (18) years old, and are otherwise capable of forming legally binding contracts under applicable law. Registration is done on the Service, and by creating an account; an Individual User verifies that he or she is at least eighteen (18) years old.

The User shall create and password and link to an email address.

The User is responsible for maintaining the confidentiality of log in email, password, and account data, may not share this information or account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. The User will immediately notify KHC of any unauthorized use of the password or account. Should the account be suspended or terminated, the corresponding User may not open another account on the Service.

The User is not allowed to transfer the account or allow others to use it. As soon as it is likely to believe that someone other than the User knows the password, the User is obliged to change the password immediately. Only one account per User is allowed.

Rights and obligations of the User

1. General: The User is allowed to upload/publish a maximum of 0.1 GB of Digital Material. It can be altered according to additional agreements on the Service.

The User is not allowed to act in such a way that the Service is damaged, interrupted, or made less efficient. The User is not allowed to manipulate or abuse the Service, or act in such a way that it creates an unreasonable strain on the Service.

2. Digital Material: KHC is under no circumstances responsible for the Digital Material uploaded and/or published by the User on the Service. KHC only provides the Service and connects Business and Freelancers Users. The User is solely responsible for the Digital Material uploaded/published by the User.

KHC has no obligation to remove any material unless there is a reason to believe that the Digital Material in any way is linked to a criminal act and KHC is instructed to remove the material by governing authorities.

The Digital Material published on the Service is not allowed to contravene Terms or in any other way be considered offensive or improper. This includes, but is not limited to, Digital Material containing the following: Agitation against an ethnic group
Pornography
Multi-Level Marketing schemes
Contact information, and personal data of individuals, if it violates the privacy of the individual
Derogatory comments about others
Advertising
Spam, virus, trojans, and similar
Information in violation of agreements of confidentiality

Digital Material uploaded and published by the User is not allowed to be misleading or incorrect. User data, user pictures, and other information related to the User and User account is not allowed to be misleading or incorrect. The User is not allowed, by the use of user data, pictures, or other method to falsely represent someone else.

If Digital Material, published by the User, generates claims for compensation, or other demands against KHC by a third party, the User shall indemnify and hold harmless KHC in respect of any resulting loss or cost including reasonable legal fees.

3. When descripting themselves: The User is solely responsible for the description of the products provided. KHC cannot ever be held liable for any defects in the products.

Rights and obligations of KHC

1. Intellectual property rights: KHC owns all rights to the name and brand of Keyhole Careers, and the Service, including but not limited to inventions, works of authorship, improvements, discoveries, ideas, technologies, know-how, work product, concepts, material, disclosures, or any other intellectual property conceived, developed, acquired, obtained, originated, fixed, or reduced to practice by KHC in connection with, or as a result of, the performance of the Service.

KHC has the right to publish all uploaded Digital Material as described in the Service.

KHC hereby grants the User, and the User accepts, a non-exclusive, non-transferable, time-limited license to use the Service, for the intended purpose. KHC grants the User, and the User accepts, a non-exclusive, non-transferable, time limited license to use parts of the Service, for the intended purpose, on other web pages. (widgets, etc.)

The User is not allowed to share, distribute, modify, expand, copy or transfer any part of the Service. The license is valid as long as the Agreement is valid.

2. Marketing: Without remuneration, KHC has the right to publish and distribute all Public Material uploaded by the User.

The User consents to the publication of Public Material and general description of Transactions on the internet and in other forms.

3. Right to edit and delete Digital Material: KHC has the sole and exclusive right to delete and/or edit Digital Material deemed inappropriate or in violation with this Agreement. In order to promote the customer experience, KHC is allowed to remove such Digital Material that is deemed available in more than one copy.

4. Communication: By accepting the Agreement the User entitles KHC to freely communicate with the User for the fulfilment of the Service. The extent of communication can be influenced by the User in the Service. The User accepts that KHC only communicates electronically (via the Service and/or email). Only English is used.

5. Security: It is the ambition of KHC to keep the Service free from viruses, trojans etc. but this cannot be guaranteed. The use of the Service is at the Users own risk. KHC can never be held responsible or liable for any damages caused by the use of the Service.

6. Right to change the Service: The Service, content of the Service, and the functionality, can be changed, removed, or added at any time. KHC is never liable to pay compensation for alterations in the Service. Announcements of alteration in the Service are made public on the Service.

Payments

1. Fee Registration for the Service is 8.95 USD/ month or 96.25 USD/ year for Freelancers and 299.99 USD/ year for Companies who select premium memberships. The fees are specified and published on the Service. Fees can be changed at any time and are published at keyholecareers.com. The User is responsible for verifying current fees and other conditions.

Other fees may be applicable from time to time, a stated within the Service.

1.1. Subscriptions: KHC will bill fees related to subscriptions according to chosen subscription period. Subscriptions are automatically renewed with the same subscription period unless cancelled 30 days in advance. KHC does not provide refunds or credits for any partial months.

2. Other Currency used on the Service is the US dollar.

Technology

KHC cannot guarantee the function and access to the Service. KHC has the right to close the Service or part of the Service at any time for service, repair, and maintenance. KHC can never be held responsible or liable for any loss caused by interruption of the Service.

Personal data

By accepting this Agreement, the User also accepts the Privacy policy available on the Service. The Privacy policy can be changed at any time and the User undertakes to keep informed of its current wording.

Changes and amendments

KHC has the right to change these Terms of Service upon 30 days prior notice on the Service, or without prior notice if due to circumstances beyond the control of KHC.

Transfer

KHC has the right to transfer rights and obligations according to the Agreement, to a third party provided that the third party can be expected to fulfill such obligations to the full satisfaction of Users. If so, the User will be informed on the Service.

The User does not have the right to transfer the rights and obligations according to this Agreement.

Validity and termination

This Agreement is effective upon the User’s registration on the Service.

The User may terminate the Agreement at any time by closing the User account.

KHC has the right to terminate the Agreement upon 30 days written notice to the User. Furthermore, KHC may terminate the Agreement with immediate effect if the User is in breach of the Agreement which is not insignificant, if due to legal requirement and/or lawful decision by a public authority, if the User is subject to liquidation or bankruptcy proceedings, has suspended payments or is otherwise insolvent.

Indemnification

The User agree to indemnify and hold KHC, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors, and assigns (hereinafter collectively Coworks and Affiliates) harmless from and against all losses, costs, liabilities, and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of the User’s use of or conduct on the Service.

Limitation of Liabilities

Except as stated in the third paragraph of this Article, Coworks and Affiliates shall in no event be liable for any indirect damage, including but not limited to loss of business, profits, data, or revenue, arising out of or in connection with our Service.

Except as stated in the third paragraph of this Article, Coworks and Affiliates’ total liability towards any one User shall in no event exceed the greater of (A) the amount of fees paid by the User one month prior to the action giving rise to liability, or (B) 8.95 USD.

Nothing in this Agreement shall limit any Individual User’s statutory consumer rights. However, any Individual User acting as consumer agrees and acknowledges that Coworks and Affiliates’ liability does not extend to loss related to Digital Content carried forward to a business. Furthermore, the limitations in the preceding two paragraphs shall not apply to liability for any instance of intentional breach or gross negligence.

Disputes, Applicable law, Forum

This Agreement shall be governed by United States Law. Any dispute shall, unless otherwise agreed, be tried by the District Court of Pulaski County, Arkansas.