The short version

We’re honored to have you be part of our community. Like any good community, a clear set of guidelines helps make sure our environment is one of shared values, mutual trust and respect. Eggsprout seeks to be a place where job-seekers, network creator, and employers and come together to discover, nurture, and foster lasting relationships. In your use of our platform, please use it for how it was intended, use common sense, be respectful, and be a valuable member of our community.

The long version

These Terms of Service contain general terms that apply to you as a user of the Eggsprout Platform, along with additional terms that may apply to you as a network creator should you decide to create your own professional network. By registering with us or using or browsing the Eggsprout Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Eggsprout Platform at any time.
  1. Our relationship. Your use of Eggsprout.com's web site, products, software, related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use ("Terms of Use"). “Eggsprout.com” means Eggsprout Inc, whose primary place of business is in the state of Washington. These Terms of Service govern your use of the Eggsprout Platform and is a legal contract between you and Eggsprout.

    You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Professional Network on the Eggsprout Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
  2. Revenue Sharing. If you are a network creator, you agree and understand that eggsprout shares revenue with you on the revenue you make from job posts and event registrations on a 70-30 basis. You get 70% and Eggsprout receives 30%. You can see all these transactions tracked in your finance tab as a network admin.
  3. Restrictions. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
    1. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Eggsprout.com, its service providers, suppliers or any other user.
    2. Access. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Eggsprout, unless you have been specifically allowed to do so in a separate agreement with Eggsprout. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    3. Automated Queries. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Eggsprout, unless you have been specifically allowed to do so in a separate agreement with Eggsprout. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  4. Your Content. Eggsprout does not claim any ownership rights in your Content. After posting your Content, you continue to retain ownership of your Content, and you continue to have the right to use and license your Content in any way you choose. The Content that you upload to any network needs to comply with the terms of this Agreement. At any point, you can take your Content from your professional network and cancel your account. Eggsprout does not retain any license rights except as provided below.

    1. For materials you post or otherwise provide to Eggsprout.com during the course of your usage of the Eggsprout Platform or in connection with the Services, you grant Eggsprout.com an irrevocable, perpetual, worldwide license to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (2) sublicense these rights, to the maximum extent permitted by applicable law. You agree that any registration information you give to Eggsprout will always be accurate, correct and up to date. Eggsprout.com will not pay you for your Submission. Eggsprout.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant Eggsprout.com the rights. Without limiting the foregoing, Eggsprout reserves the right to retain copies of Content for archival purposes after termination of the Agreement.
    2. You hereby agree that if Your Content is removed from any Professional Network due to a violation of these Terms, or because such Content contains illegal images, Eggsprout shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Eggsprout, any individual, or the general public.
    3. You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, Eggsprout does not guarantee any confidentiality or privacy with respect to any of Your Content. Additionally, you understand and agree that Your Content that is displayed on the Eggsprout Platform may continue to appear on the Eggsprout Platform, even after you have terminated your Eggsprout Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.
    4. In addition to the rights, licenses and privileges referred to above, you agree that Eggsprout, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Eggsprout Platform, and any products, goods, features, capabilities and/or services associated with the Eggsprout Platform.
    5. As a Network Creator or Network Member you acknowledge that Eggsprout and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Professional Network or the Eggsprout Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind. If a Professional Network is removed from the Eggsprout Platform, the Content associated with that Professional Network may also be deleted at the discretion of the Network Creator or Eggsprout.
    6. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. You agree that you are solely responsible for (and that Eggsprout has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Eggsprout may suffer) by doing so.

  5. Member Content. Eggsprout collects member data from Your Network Members and general information about a User's use of Your Professional Network(s). If you are a Network Creator or Administrator, you agree that your access to this Eggsprout Member Data (including the email addresses provided by Network Members during the Eggsprout ID registration process) as part of the management controls of Your Professional Network(s) is subject to the Eggsprout Privacy Policy. In addition, subject to this Agreement, you may collect Network Member Data from Your Professional Network Members; if you do so, you hereby agree that such Network Member Data shall not be used in a manner inconsistent with, or that causes Eggsprout to violate Eggsprout's Privacy Policy.

    Member privacy is important to us. Therefore, if you are a Network Creator or an Administrator, you hereby agree that your use and disclosure of Network Member Data and any Eggsprout Member Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each Network Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of Eggsprout Member Data or Professional Network Member Data that are less stringent than the standards set forth in the Eggsprout Privacy Policy.

    Subject to this Agreement and each Network Member's rights, all Network Member Data shall be the property of the applicable Network Creators. That being said, Eggsprout needs to run Your Professional Network on the Eggsprout Platform. To this end, as a Network Creator, you hereby grant Eggsprout a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Network Member Data on or through the Eggsprout Platform and in all current and future media in which the Eggsprout Platform may be distributed; (ii) use and disclose the Network Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Eggsprout Platform; and (iii) use Network Member Data for other purposes permitted by the Eggsprout Privacy Policy.

  6. Acceptable Use. You are solely responsible for your conduct and your content on the Eggsprout Platform. We want to keep the Professional Networks on Eggsprout safe and fun for everyone and the use of the Eggsprout Platform for unlawful or harmful activities is not allowed. You specifically agree that:

    You will not post, email or make available any Content to Users or use the Eggsprout Platform:

    • In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
    • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Eggsprout Platform in connection with Your Professional Network;
    • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaiEggsprout financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
    • in a manner that is libelous or defamatory, or in a way that is otherwise threateEggsprout, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
    • in a manner that is harmful to minors in any way;
    • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Eggsprout;
    • to impersonate a Eggsprout employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Professional Network or the Eggsprout Platform without authorization;
    • to interfere or attempt to interfere with the proper working of the Eggsprout Platform or prevent others from using the Eggsprout Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Eggsprout Platform, or that otherwise negatively affects other persons' ability to use the Eggsprout Platform;
    • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Network Creator's account or to monitor or copy the Eggsprout Platform (including the Network Code or Platform Code) or the content contained therein;
    • to facilitate the unlawful distribution of copyrighted content;
    • in a manner that includes personal or identifying information about another person without that person's explicit consent;
    • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Eggsprout Platform or to Users; and
    • in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

    Additionally, you agree not to:

    • "Stalk" or otherwise harass anyone;
    • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
    • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Eggsprout Platform, including Eggsprout ID passwords from a Network Creator, or to proxy authentication credentials for any Member of the Eggsprout Platform for the purposes of automating logins to the Eggsprout Platform;
    • Use any profanity or the description or name of any illegal activity in the name of Your Professional Network or the Network Subdomain (as defined below) for Your Professional Network;
    • Use the name "Eggsprout" as any part of the name of Your Professional Network or the Network Subdomain for Your Professional Network;
    • Post any Content that Eggsprout determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
    • Post any Content that Eggsprout determines constitutes pornography or is adult in nature.
    • Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Eggsprout's infrastructure;
    • Attempt to gain unauthorized access to Eggsprout's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Eggsprout Platform;
    • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Eggsprout Platform or for using it for purposes unrelated to Eggsprout); and
    • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Eggsprout Platform.

  7. Privacy; Security; Account. You agree and understand that you are responsible for maintaiEggsprout the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Eggsprout for all activities that occur under your account. You may not share your Eggsprout.com user account with others. You are responsible for all actions taken via your account. Eggsprout.com will treat your use of the Services in accordance with its Privacy Policy. You agree to the use of your data in accordance with Eggsprout’s privacy policies.

    You acknowledge that Eggsprout may terminate your account and remove your Login ID, Content and Network Member Data, as well as disable your access to any and all Professional Networks and the Eggsprout Platform, in accordance with the terms of this Agreement. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Network Creator or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or Eggsprout's Privacy Policy.

  8. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Eggsprout.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.
  9. Linked Materials. The Services include links to third-party products, services and Web sites. Eggsprout.com does not endorse, and takes no responsibility for such products, services, and Web sites. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Eggsprout has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Eggsprout or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Professional Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determiEggsprout whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Eggsprout Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Eggsprout Platform at your own risk. Additionally, Eggsprout or third parties may provide hyperlinks on Professional Networks, or any other form of link or redirection of your connection to other sites. These Third Party Sites are in no way integrated into the Eggsprout Platform and the inclusion of any link on a Professional Network does not imply Eggsprout's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.
  10. Claims of Copyright Infringement. Eggsprout.com respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Eggsprout.com's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
    • Identification of the copyrighted work that you claim has been infringed;
    • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
    • Your address, telephone number, and e-mail address, so that the copyright agent may contact you about your complaint; and
    • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

    Notices of copyright infringement claims should be sent as follows:

    By e-mail: contactus@eggsprout.com

    If you give notice of copyright infringement by text e-mail, Eggsprout.com's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

  11. Intellectual Property. The Services are the property of Eggsprout.com, and subject to the intellectual property rights of Eggsprout.com and its licensors. © 2008 Eggsprout.com. All rights reserved. Eggsprout.com, the cracked-egg-with-a-sprout logo, and Hotness are trademarks and/or registered trademarks of Eggsprout.com in the United States and/or other countries. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners.
  12. EXCLUSION OF WARRANTIES. EGGSPROUT.COM PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGGSPROUT.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. EGGSPROUT.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
  13. LIABILITY LIMITATION. IN NO EVENT WILL EGGSPROUT.COM OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST EGGSPROUT.COM OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
  14. Changes to Service. Eggsprout.com is constantly innovating to provide the best experience to its end users. Eggsprout reserves the right to change the Terms of Use without notice to you, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. Eggsprout.com may suspend or discontinue (permanently or temporarily) the Services at any time to you and/or to others, without notice. You may stop using the Services at any time. You acknowledge and agree that if Eggsprout disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
  15. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
  16. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the US Government are provided with the commercial license rights described herein. If any part of these Terms of Use are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Eggsprout.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Eggsprout.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Eggsprout.com with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Eggsprout.com with respect to the Services.
- April 2009