Spin Master Career Site Terms of Use

Effective Date: April 13, 2020

1. Overview. 
Please read this page carefully. It contains the terms and conditions (the "Terms of Use") governing your access to and use of the Career Site (as defined below) provided by Spin Master, its subsidiaries and related companies (collectively, "Spin Master"). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Spin Master Career Site or Services. Your access to and use of the Spin Master Career Site or Services indicates your acceptance of these Terms of Use.

2. Definitions. 
The following definitions apply to these Terms of Use:
"Spin Master Materials" includes any information, materials and other intellectual property used during the provision of Services.
"Content" includes all text, graphics, design, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, used on the Career Site.
"Services" means any services provided by Spin Master.
"Career Site" means the recruiting platform operated by Spin Master and includes the Content, Spin Master Materials and Services.
"You" or "User" refers to any individual or entity that uses any aspect of the Career Site.

3. Intellectual Property Rights and Acceptable Use of the Career Site and Services.
3.1 General Use Rules. The Career Site is intended for individuals seeking employment. You may use the Career Site only for lawful purposes within the stated context of Spin Master's intended and acceptable use of the Career Site.
3.2 Spin Master Intellectual Property Rights. The Career Site, the Spin Master Materials and all right, title and interest in and to the Career Site and Spin Master Materials are the sole property of Spin Master or its licensors, and are protected by copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms of Use, Spin Master reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Spin Master Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Career Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Career Site other than the search engine and search agents available from Spin Master on such Career Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Career Site, without the express written consent of Spin Master. The use of the Content on any other website or in a networked computer environment for any purpose is strictly prohibited. Spin Master, the Spin Master design logo and certain other names or logos are service marks or trademarks of Spin Master, and all related product and service names, design marks and slogans are the service marks or trademarks of Spin Master. In addition, the "look" and "feel" of the Career Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Spin Master's trademarks, service marks and copyrights. Any code that Spin Master creates to generate or display the Content or the pages making up the Career Site is also protected by Spin Master's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Spin Master Materials on any authorized copy you make of the Content or Spin Master Materials. All other product and service marks contained on the Career Site are the trademarks of their respective owners.
3.3 License for Use. Spin Master hereby grants you a limited, terminable, non-exclusive right to access and use the Career Site only for your personal use seeking employment opportunities. This authorizes you to view and download a single copy of the material on the Career Site solely for your personal, noncommercial use. Your use of the Career Site is a privilege. Spin Master reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
3.4 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Career Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Career Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Career Site complies with these Terms of Use and all applicable laws.
3.5 Materials you Submit. You acknowledge that you are responsible for any material you may submit via the Career Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Spin Master for all claims resulting from content you supply.
3.6 User Feedback. Spin Master welcomes your comments regarding the Services and the Career Site and appreciates hearing from you. Please note, however, that Spin Master does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Spin Master creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Spin Master. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Spin Master's part, and Spin Master will not be liable for any use or disclosure of any User Submission. Spin Master shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

4. Disclaimers and Limitations on Spin Master's Liability.
4.1 WARRANTY DISCLAIMERS.
(a) THE CAREER SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SPIN MASTER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPIN MASTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CAREER SITE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) SPIN MASTER DOES NOT WARRANT THAT THE CAREER SITE WILL OPERATE ERROR-FREE OR THAT THE CAREER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE CAREER SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SPIN MASTER IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Spin Master makes no representations or guarantees regarding the accuracy, completeness, timeliness or reliability of any information or content made available on the Career Site.
(iii) Spin Master makes no representations or guarantees regarding the Content of the Career Site, including, but not limited to, broken links, inaccuracies or errors.
4.2 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CAREER SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE CAREER SITE.
(b) IN NO EVENT SHALL SPIN MASTER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE CAREER SITE AND/OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPIN MASTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SPIN MASTER'S MAXIMUM LIABILITY TO YOU FOR ANY INDIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL SPIN MASTER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.

5. Links to Other Sites. The Career Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Spin Master of the contents on such third-party web sites. Spin Master is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

6. Amendments to these Terms of Use and Changes to the Career Site. Spin Master may revise these Terms of Use at any time by updating this page. Changes will be effective on the date they are posted on the Career Site (or as otherwise stated in any notice of such changes). Any use of the Career Site will be considered acceptance by you of the then-current Terms of Use contained on such Career Site. If at any time you find the Terms of Use unacceptable, you must not use the Career Site any longer. Spin Master may change the Career Site at any time.

7. Indemnity. You agree to indemnify, and hold harmless Spin Master (and its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Career Site, any content or information posted by you, and any violation of these Terms of Use. Spin Master reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Spin Master in the defense of such matter.

8. Candidate Information and Privacy Policy.
All Candidate Information will be used in accordance with the terms of the Career Site Privacy Policy. Please note, as set forth in the Privacy Policy, that Spin Master may collect certain Candidate Information (including email address and other contact information) and may use such information to contact Users periodically in accordance with the terms of the Privacy Policy, including to send Users electronic marketing and promotional communications, inform Users of relevant job postings that may be of interest to them, and provide Users with administrative notices and communications. Users can withdraw their consent at any time from receiving marketing and promotional communications from Spin Master.

9. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Career Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
9.1 Posting Rules:  You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Spin Master for all claims resulting from content you supply.
9.2 Conduct Rules:  Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. You agree to notify Spin Master immediately of any unauthorized use of your registration and password.
9.3 Security Rules: Users are prohibited from violating or attempting to violate the security of the Career Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Career Site, overloading, "flooding", mailbombing or "crashing"; (iv) sending unsolicited e-mail or other electronic communications, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message; (iv) altering transmission data without consent; (v) harvesting e-mail or other electronic addresses through automated means without consent.

10. Copyright Complaints.
Spin Master respects the intellectual property of others. It is Spin Master's policy to respond to claims of copyright and other intellectual property infringement. Spin Master will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Spin Master may act promptly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Spin Master will terminate access for Users who are repeat infringers.
To provide Spin Master notice of an infringement, you must provide a written communication at the contact information set forth at the end of these Terms of Use. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
If you feel that your material does not constitute infringement, you may provide Spin Master with a counter notification by written communication at the contact information set forth at the end of these Terms of Use. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

11. General. The laws of the Province of Ontario and the laws of Canada applicable therein govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in Toronto, Ontario for any action arising out of or relating to these Terms of Use. This site has been designed to comply with the laws of the Province of Ontario and the laws of Canada. Spin Master makes no claims that the Content is appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Career Site. If you access the Career Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions, which shall remain in full force and effect. All provisions of these Terms of Use shall survive termination except those granting access or use to the Career Site, and you shall cease all your use and access thereof immediately. This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and Spin Master with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
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12. How to Contact Us. You may direct questions regarding these Terms of Use or this Career Site, by sending a request in writing to: Human Resources Data Protection Administrator, Spin Master Ltd., 225 King Street West, Suite 200, Toronto, Ontario, M5V 3M2, Canada; or by email at ________@spinmaster.com