Terms of Use
Last Revised: October 1, 2020
INTRODUCTION
These terms of use (the "Terms") are a legally-binding agreement between you or the entity you represent ("you," "your," or “user”) and My Interview Practice, LLC, a limited liability company governed by the laws of State of New York, USA (the "Company", "we," “our,” or "us"). You must read, agree to, and accept all of the terms and conditions contained in these Terms in order (i) to use My Interview Practice, an online interview simulator, found at the website www.myinterviewpractice.com (hereinafter referred to as the “Platform”); and (ii) to access any and all services that we provide including but not limited to those services related to taking mock interviews, reviewing recordings and sharing them with others (together with the Platform, the “Services”). The Services provided by My Interview Practice, LLC help users prepare for interviews in the most efficient way, using the latest tools, technology, and expertise.
You understand that by using the Services, you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you must not access or use the Services. To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Services, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Services. Any revisions to these Terms or changes to the Services will take effect when a revised “Last Updated” date is posted at the top of this page or on other pages as applicable. You are responsible for checking our pages periodically for updates, and waive any other right to be specially notified about such changes. Your continued use of the Services after the “Last Updated” date constitutes: (i) your acceptance of revised Terms and/or changes in or to the Services and (ii) your agreement to be bound by any such revisions to the Terms. The Terms include, and hereby incorporate by reference, our Company’s Privacy Policy, which can be found at www.myinterviewpractice.com/privacy-policy.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is legally-organized and duly-authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
YOUR ACCOUNT AND IDENTITY
Your Account. In order to use the Services, you must: (i) register for an account (“Account”); and (ii) provide certain information about yourself as requested by the Company in the online registration form. In connection with your establishment of your Account, you represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information and update the information as necessary; (iii) your use of the Services does not violate any applicable laws; and (iv) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You may close your Account at any time, for any reason, by going to your Account “Settings,” clicking on the “Delete Account” button, and following the instructions provided. In addition to your voluntarily opting out of use of the Services, the Company may suspend or terminate your Account in accordance with the Term and Termination Section of these Terms.
Minors using an Account. The age of majority varies by jurisdiction and circumstances, but it is predominantly established as eighteen (18) years of age. Minors under the legal age of majority in their jurisdiction may use the Services, however, a minor’s parent or legal guardian is required to register for an Account and authorize the minor’s use of same. Under no circumstances do we encourage or support minors creating Accounts on our site, nor do we knowingly collect personal information from minors, and, in the event we become aware that a minor has created an Account or provided personal information, we undertake prompt efforts to delete same.
Confidentiality and Security of Your Account. You shall be responsible for: (i) maintaining and ensuring the confidentiality and security of your Account’s login information; and (ii) all activities that are conducted under your Account. You agree not to disclose your login credentials to anyone and you shall be solely responsible for any use of or action taken through the use of your login credentials. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement, including negligence. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
LICENSE TO USE THE PLATFORM
License. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, limited, revocable license (the “License”) to use our Services.
Certain Restrictions. The License is subject to the following limitations: (i) you shall not sub-license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services in any way; (ii) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive service; (iv) you shall not remove or destroy any copyright notices or other proprietary markings found on the Services. Any and all future releases, updates, or other additions to any of functionalities of the Services shall be subject to these Terms.
Moreover, you agree not to use the Services to: (i) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (ii) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (iii) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack); (iv) attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g., through password mining); or (v) interfere with another user’s use and enjoyment of the Services.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Services or any part thereof.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Services (including the Content, as defined below). The Services are licensed to you under a limited license, and subject to these Terms; this means that the Services under no circumstances have been sold or transferred to you. Indeed, these Terms do not convey to you any rights of ownership in or related to the Services. Our name, logo, branding, likenesses and any and all other intellectual property (collectively our “Property”) associated with the Services belong solely to us (or our licensors, if any and where applicable), and no right to use our Property is or shall be created by implication, estoppel or otherwise. We (and our licensors, if any and where applicable) reserve all other intellectual rights not expressly granted in these Terms.
YOUR CONTENT
Content. “Content” shall mean your comments or feedback provided to any Services user or a video(s) recorded of you during an interview simulation(s) session. You agree not to use the Services to record, distribute, display or otherwise use any Content in a way: (i) that violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is tortious, trade libelous, defamatory, false, or intentionally misleading; (iii) that is derogatory, harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, violates any person’s civil liberties or similar rights, or is otherwise objectionable; (iv) that is harmful to minors in any way; (v) that constitutes unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vi) that violates any law, regulation, or contractual obligation.
Notwithstanding the foregoing, Company has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties, with respect to any Content.
PAYMENT TERMS & CANCELLATION POLICY
You may find the latest information on our membership plans and pricing at https://www.myinterviewpractice.com/pricing/. Should you choose to buy or upgrade to a premium membership, you will be redirected to a secure PayPal page in order to make a payment. If you do not maintain a PayPal account, you may wish to create one as we accept payments exclusively through PayPal.
Cancellation of Premium Membership. If you are unhappy with your premium membership for any reason, please let us know using our Contact Us page. We value our relationship with you and are prepared to work with you if you are not satisfied. Keep in mind though, if you cancel a payment or initiate an improper chargeback without contacting us first, your Account may have to be suspended.
YOUR PRIVACY
As an ethical, user-centered Company, we respect the privacy of the users of our Services. For full details, please see our Privacy Policy at www.myinterviewpractice.com/privacy-policy, which is fully incorporated into these Terms by reference. By using our Services, you agree and consent to our collection and use of personal data as outlined in the Privacy Policy and you agree to abide by, not violate, and not encourage or induce others to violate such Privacy Policy.
WARRANTIES & DISCLAIMERS
The Services are provided on “as is” and “as available” bases and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company (and our suppliers) makes no warranty that the Platform and/or Services: (i) will meet your requirements; (ii) will be available on an uninterrupted, timely, secure, or error-free basis; (iii) will be accurate, reliable, complete, legal, or safe; (iv) will result in you being hired for a desired job or any job, or granted a desired position or any position; or (v) will improve your interview skills. You accept that results vary, and that prior performance is not a guaranty of a similar outcome. To the extent that some jurisdictions do not allow the exclusion of implied warranties, the above exclusion may not apply to you, fully or in part.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PLATFORM AND/OR SERVICES, OR YOUR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PLATFORM AND/OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, FULLY OR IN PART. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, representatives and assigns from and against any and all disputes, claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Services; (ii) your Content; (iii) other users’ Content; (iv) your violation of these Terms; or (v) any claim, judgment, or adjudication that any action or omission by you infringes the proprietary rights or other rights of any other user of the Services or any third party.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of any and all claims necessitating indemnification in our sole and absolute discretion. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
Term. You hereby acknowledge and agree that these Terms shall come into full force and effect on the date you create an Account and will remain in full force and effect until your Account is terminated in accordance with these Terms.
Termination. You may terminate your obligations under these Terms, to the extent permitted by the Terms and notwithstanding any Terms which survive termination, at any time and for any reason by closing your Account.
Suspension/ Deactivation of Account. We may, at any time and for any reason including belief that you have violated these Terms, suspend your rights to use the Services by deleting or deactivating your Account, at our sole discretion, with or without notice to you. Upon deletion or deactivation of your Account, your License to use the Services shall automatically and immediately end. You understand that deletion or deactivation of your Account may include deletion of your Content. We will not incur any liability whatsoever to you or to others for termination of your Account or your Content. Termination shall not relieve you of the requirement to pay for any outstanding fees related to the Services.
GENERAL PROVISIONS
Entire Agreement. These Terms, our Privacy Policy and any additional or supplemental policies noticed to you from time to time constitute the entire agreement between you and us with respect to the subject matter covered herein and supersede all prior discussions and agreements between you and us with respect to such subject matter, whether verbal or written.
Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly-authorized representative of the Company.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, or of any other rights or provisions in the Terms.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable: (i) the other provisions of these Terms will continue unimpaired, in full force and effect, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of: (i) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of the Services. Notices hereunder shall be invalid unless made in writing and transmitted: (i) by the Company via e-mail (to the e-mail address that you provide); (ii) by a posting on the Services; or (c) by you via e-mail to admin@myinterviewpractice.com or to such other e-mail addresses as the Company may specify in writing from time to time. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of State of New York, USA without giving effect to any conflict of laws principles that may provide the application of laws of another jurisdiction(s). You agree to submit to the personal jurisdiction of the courts located in New York, New York, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
