Terms Of Service

TERMS OF USE

Last Modified: February 27, 2023

These Terms of Use, which include the Privacy Policy located here (together, the “Terms”), are a contract between Duckbill Group, LLC (“Duckbill”, “us”, “we”, or “our”) and you, the entity on whose behalf you are submitting posts to be published on Duckbill’s Job Board (“you” or “your”). By submitting a post to be published on Duckbill’s Job Board (the “Job Board”), and in consideration for Duckbill publishing your post on the Job Board, you agree to and are bound by these Terms, which explain the terms and conditions related to using the Job Board to advertise employment opportunities. 

PLEASE READ THE TERMS CAREFULLY BEFORE SUBMITTING A POST TO BE PUBLISHED ON THE JOB BOARD, AND DO NOT USE THE JOB BOARD OR OUR JOB BOARD SERVICES IF YOU DO NOT AGREE TO THESE TERMS. 

Job Board Services

Duckbill hosts a Job Board on its website that is publicly available to anyone on the Internet; no subscription or login is needed to view the Job Board. If you wish to post an employment opportunity for your entity or organization on the Job Board (a “Post”), you can submit the Post to Duckbill for publication and, subject to these Terms, Duckbill will publish the Post on the Job Board (“Job Board Services”). 

By submitting a Post to Duckbill, you represent, warrant, and agree that: 

• All information in the Post is correct, current, and complete. 
• You are legally permitted to publish all content in the Post on the Job Board. 
• The Post does not include any confidential, proprietary, or private information of you or any third party or individual. 
• The Post does not infringe on any third party rights, including, but not limited to, right to privacy or intellectual property rights. 
• You have consulted with an attorney about the legal requirements for your Post and your Post meets all federal, state, local, and other legal requirements. 
• All information you provide to us in a Post or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Duckbill may, but is not obligated to, review a Post before publishing it on the Job Board, but Duckbill will not verify any of the information in or the legality of the Post. We reserve the right to refuse to publish a Post to the Job Board or modify or remove any postings on the Job Board in our sole discretion. 

Content of Posts

You are responsible for all content in your Posts; Duckbill shall have no liability or responsibility for any content in your Posts or for the publication of your Post on the Job Board. Depending on the details of your organization, such as number of employees, type of business activities, employment location, etc., there may be local, state, or federal laws, regulations, or ordinances that apply to your Posts. DUCKBILL IS NOT AN ATTORNEY AND DOES NOT PROVIDE LEGAL ADVICE OR LEGAL REVIEW REGARDING THE SUFFICIENCY OR CONTENT OF YOUR POSTS. Consult an attorney regarding the content of your Post before submitting it for publication on the Job Board.    

We are not responsible, or liable to any third party, for the content or accuracy of any of your content or the content of another user on the Job Board.  

Post Responses

The Job Board is merely a public platform for posting and viewing employment opportunities, and all communications between you and viewers of your Posts, including applicants, are solely between you and the user outside of the Job Board Services, such as through the phone number or email address you include in your Post. Duckbill does not vet, verify, or otherwise monitor any user or viewer of the Job Board. You are solely responsible for taking all necessary and desirable actions to determine if an applicant or respondent to a Post is suitable for the position and for following applicable laws. Be safe and do not provide private or confidential information to any Job Board user without proper verification and background research (as permitted by law). Duckbill is not responsible for the acts or omissions of any Job Board user. 

Indemnification  

You agree to defend, indemnify, and hold harmless Duckbill and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms, including, but not limited to, your breach of any representation or warranty herein, (ii) your use of the Job Board or Job Board Services, including, but not limited to, your Posts and the content therein, (iii) your hiring, firing, or any other act or omission related to an applicant, employee, contractor, or other service provider who responded to your Post on the Job Board, or (iv) any use of the Job Board or Job Board Services other than as expressly authorized in these Terms.

Fees

Duckbill may charge fees to use the Job Board, either for the employers or the job seekers. These fees will be listed on Duckbill’s website. 

Duckbill reserves the right to modify its fee structure at any time and without advanced notice. Modifications are effective as soon as they are published on Duckbill’s website and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on Duckbill’s website.

License

By submitting a Post for publication on the Job Board, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for the Job Board Services. 

 Additionally, you represent and warrant that you own or control all rights in and to the content in your Posts and have the right to grant the license granted above. 

Accessing the Job Board

We reserve the right to modify, change, withdraw, or amend the Job Board, the Job Board Services, and any other service or material we provide on the Job Board, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Job Board is unavailable or restricted at any time or for any period. 

Term

These Terms remain in full force and effect while you use the Job Board in any manner. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, disclaimers, indemnity, and disclaimers. 

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Job Board (collectively “Feedback”), you agree we may use the Feedback to: (a) improve the Job Board and Job Board Services, and (b) promote the Job Board and Job Board Services, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

Intellectual Property Rights  

Subject to the licenses set forth in these Terms, the original submitter of a Post retains all right, title, and ownership of and to the content of such Post. Otherwise, the Job Board, the Duckbill website, and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, logos, designs, slogans, and the design, selection, and arrangement thereof), are owned by Duckbill, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 These Terms permit you to use the Job Board for your personal, non-commercial use only, and you agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Job Board, except as it is created and owned by you. 

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by a Post on the Job Board, you may request removal of those materials from the Job Board by submitting written notification to our Copyright Agent at hello@duckbillgroup.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your name.
• The name and description of the work that is being infringed. 
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Prohibited Uses  

You may use the Job Board only for lawful purposes and in accordance with these Terms. You agree not to use the Job Board:

•  In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Job Board, or which, as determined by us, may harm or offend Duckbill or users of the Job Board or expose them to liability.

Users Outside the U.S.

The Job Board is controlled and operated from the United States and is subject to its laws. If you choose to access the Job Board outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. 

Disclaimer of Warranties  

YOUR USE OF THE JOB BOARD, ITS CONTENT, AND ANY RESPONSES OBTAINED AS A RESULT OF THE JOB BOARD IS AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DUCKBILL NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE JOB BOARD. WITHOUT LIMITING THE FOREGOING, DUCKBILL DOES NOT REPRESENT OR WARRANT THAT THE JOB BOARD, ITS CONTENT, AND ANY RESPONSES OBTAINED AS A RESULT OF THE JOB BOARD WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE JOB BOARD OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Governing Law; Arbitration

All matters relating to the Job Board and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by the internal laws of the State of California without giving effect to any conflict of law provisions. Any dispute between Duckbill and you arising under these Terms will be submitted to binding arbitration in San Francisco County, California, in accordance with the rules of the American Arbitration Association.

Waiver and Severability  

No waiver by Duckbill of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Duckbill to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Job Board thereafter. Your continued use of the Job Board, including submitting a Post for publication on the Job Board, following the posting of revised Terms means you accept and agree to the changes.