Terms of Use of the website welcometothejungle.com
Version dated 27 April 2026
The French version shall always prevail in case of any discrepancy or inconsistency between French version and its English translation.
Introduction
- All use of our website https://www.welcometothejungle.com (“Website”), including all services, resources, media and data available or enabled via the Website (each a “Service,” and collectively, the “Services,” and together the Services and Website, the “Platform”) is governed by these Terms of Use (“Term of Use” or “TOUs”).
- These Terms of Use govern the access and use of the Website and Services by: (a) any individual or entity that accesses, browses, or otherwise uses the Website or Services (“Users”), whether registered or unregistered, and/or (b) individuals who register an account and use the Platform to seek employment opportunities (“Candidates”). Where these Terms of Use refer to “you,” such reference applies to all Users and Candidates, as applicable. / The term “You” or “you” refers to the individual identified as the user when you register on the Website by creating an Account (as defined below).
- The Platform is owned and operated by Coruscant SAS doing business as Welcome to the Jungle (“Welcome to the Jungle”, “WTTJ,” “we,” “us,” or “our”) under the RCS number 802 162 628, registered office located at 8-10 rue Saint Fiacre, 75002 Paris, France. When you agree to these Terms of Use you enter into a contract with Coruscant SAS. For more corporate information about us click here.
- By creating an Account (as defined below), or otherwise visiting, accessing, browsing, or using the Platform you agree to comply with these TOUs. If you do not agree with these Terms of Use, then you must immediately stop using the Platform and/or refrain from creating an Account.
- You can contact us anytime by filling out the form available on our Help Center here or by writing to us at our registered office address above (or such other contact details as we may notify you from time to time). We will do our best to address your concerns. If you feel that your questions or concerns have been addressed incompletely, we invite you to let us know for further investigation.
- If you have already signed a contract with WTTJ for the use of WTTJ recruiting solutions, separate terms and conditions apply to your use of our products. These terms are available here. If you are interested in our product, you can contact our commercial team or go to our Welcome to the Jungle Solutions website.
PART A: ABOUT US / OBLIGATIONS
7. What Do We Do?
We provide an online platform that provides users who are seeking employment opportunities (“Candidate(s)”) with a job search product. We connect Candidates with recruiters defined as a person, a company, or unincorporated body interested in sourcing and/or hiring Candidates, (hereinafter “Recruiter(s)”). On our Platform, Recruiters post company profiles and job offers that Candidates can explore and apply to. When the Platform is used as intended, interactions on the Platform occur between Candidates and Recruiters.
You acknowledge that WTTJ is not directly involved in or otherwise an agent or party to any transaction, exchange, or communication that may take place between a Candidate and a Recruiter on or outside the Platform.
While WTTJ does not control the content Recruiters post (including job offers or company profiles) (“Recruiter Content”) or their recruitment processes, we have established a Usage Policy that outlines the legal framework and ethical standards we expect from Recruiters using our Platform. This Recruitment Policy emphasizes professionalism, ethical conduct, and best practices that we believe are essential for a successful and respectful recruitment experience for everyone.
Recruiters who post Recruiter Content on our Platform are required to comply with this Usage Policy.
We also provide a work-related media outlet featuring articles, interviews, and other content. The WTTJ Content (as defined in clause 19 below) available on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the WTTJ Content available on our Platform.
8. Modifications of these Terms of Use
Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time. You can review the current version of the TOUs at any time on this page. We reserve the right to change the TOUs at any time, in our sole discretion. When changes are made, WTTJ will make a new copy of the TOUs available on the Website. We will also update the “Last Updated” date at the top of the TOUs. If we make any material changes, and you have registered with us to create an Account (as defined in Section 11 below), we will also send an email to you at the last email address you provided to us pursuant to the TOUs. Any changes to the TOUs will be effective immediately for new users of the Website and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Account holders, provided that any material changes shall be effective for existing users who have an Account with us upon the earlier of formal acceptation of the new terms or thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an email notice of such changes to such users. WTTJ may require you to provide consent to the updated TOUs in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your use of the Website after the notice period has ended will constitute your continuing agreement to be bound by the TOUs, as it is amended from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. You can review the current version of the TOUs at any time on this page.
9. Changes to Welcome to the Jungle Website, Products, or Services
We may update and change our Website and/or Services from time to time to reflect changes to our products, our services, our users’ needs, and our business priorities. We do not guarantee that our Website, Services, or any Content on it will always be available uninterrupted or error-free, and we reserve the right to withdraw, suspend, or amend the products, Services, or functionality that we provide on the Website without notice for any reason whatsoever. We will try to give you reasonable notice of any material changes, suspension or withdrawal of the products, Services or functionalities.
10. Your Obligations
You are responsible for configuring your information technology, computer programs, and platform to access our Services and our Website. You should use your own virus protection software.
You understand and agree that you shall comply with any and all laws, rules, and regulations that apply to you in the context of the use of the Website and our Services.
As a consequence, when using the Website and our Services, you must not:
- License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Platform or any portion of the Platform, including the Website;
- Except as expressly stated herein, copy, reproduce, distribute, republish, download, display, or post in any form or by any means any part of the Platform;
- Misuse the Website or Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to the Services, Website, the server on which the Website or Services are stored, or any server, computer, or database connected to the Website or Services;
- Attack our Platform via a denial-of-service attack or a distributed denial-of-service attack;
- Develop, support, or use any software, device, script, robot, or any other means or process (including but not limited to spiders, browser plug-ins and add-ons, or any other technology) to web “scrape” or otherwise copy or download our Website, Content or Services, including company profiles as well as any other data available on the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- Use any metatags or other “hidden text” using WTTJ’s name or trademarks;
- Remove or destroy any copyright notices or other proprietary markings contained on or in the Platform;
- Infringe WTTJ intellectual property or other rights, including, but not limited to, (i) copying or distributing WTTJ Content including photos and videos available on the Services or Website, (ii) copying or distributing our articles and other media content, or (iii) using the term “Welcome to the Jungle” and/or “Find your People”;
- Reverse engineer, decompile, reverse compile, disassemble, decipher, modify, translate, adapt, merge, make derivative works of, or generally attempt to obtain the source code of the Platform or any related technology, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- Use the “framing” or “mirroring” technique to enclose any trademark, logo, or other Platform Content (including images, text, page layout, or form) of WTTJ or, in general, simulate the appearance or operation of the Services or the Website; and/or
Use the Website and/or Services in any way which:
(i) causes, or may cause, damage to the Services or the Website or interferes with any other person’s use or enjoyment of the Services or Website;
(ii) is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, or governmental order.
You are also responsible for ensuring that all persons who access our Website or Services through your internet connection are aware of these TOUs (including ancillary policies and terms), and that they comply with them.
In the event of a breach of the foregoing restrictions or obligations, we reserve the right to immediately suspend or terminate your right to use the Platform.
If WTTJ becomes aware of any possible violations by you of the TOUs, WTTJ reserves the right to investigate such violations. If, as a result of the investigation, WTTJ believes that unlawful activity has occurred, WTTJ reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. WTTJ is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platform, including Your User Content, in WTTJ’s possession in connection with your use of the Platform, to (i) comply with applicable laws, legal process, or governmental request; (ii) enforce the TOUs; (iii) respond to any claims that your User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of WTTJ, its users, the Recruiters or the public, and all enforcement or other government officials, as WTTJ in its sole discretion believes to be necessary or appropriate.
PART B: ACCOUNT CREATION AND DESCRIPTION OF OUR SERVICES
11. Registration: Creating a Candidate Account and completing your Profile
1. Creating Your Account
You will be required to register and create an account (“Account”) in order to access and use certain features of the Platform to search for jobs and to engage in conversations with Recruiters. There are no fees associated with Candidates’ access and use of the Platform. You must be at least 18 years of age to use our Platform and to create an Account. If you are not 18 years old, you may not, under any circumstances or for any reason, use the Platform and/or create an Account. The Website and our Services are not targeted to or meant for anyone who is not 18, and we will not knowingly collect information from anyone under the age of 18.
We reserve the right, in our sole discretion, to accept or reject your registration to use our Platform.
When creating an Account, you may register via your LinkedIn profile, your Google account, or your email address. If you register via LinkedIn or Google, your personal information will be pre-filled by our partners based on the permissions you grant to those third-party services. If you register via email, you will be required to provide your first name, surname, email address, and a secure password.
Your password must be strong and comply with our security requirements. It must remain strictly personal and confidential. You are solely responsible for all actions resulting from the use of your Account, regardless of whether you initiated them. You therefore must not allow any third party to use your Account in your place or on your behalf, and you must take all appropriate measures to ensure the security and confidentiality of your password and username.
In the event of loss or theft of your login credentials, you must notify Welcome to the Jungle immediately by filling out the form available on our Help Center here. You are entirely responsible for any consequences resulting from late or lack of notification in the event of loss or theft of your login credentials.
2. Completing Your Profile
Once your Account has been created, we encourage you to complete as much information as possible in your profile to maximize your visibility to Recruiters and improve your job search experience. You may provide information including your personal and professional background, job preferences, role criteria, cultural aspirations, work experience, educational background, skills and competencies, professional certifications, contact information, and location preferences.
12. Job Matching, Search, and Applications
1. Personalized Job Matching
When you log into your Account, you will have access to a personalized selection of job opportunities matched to your profile. Our matching technology analyzes your profile information to recommend job opportunities that best correspond to your background and aspirations.
The jobs presented to you are selected based on their compatibility with the preferences you have specified in your profile and the relevance between your professional profile and the requirements of available positions.
For detailed information about how our matching technology works, including the use of artificial intelligence and machine learning, please refer to our AI information Notice for candidates (as defined below).
2. Exploring Additional Job Opportunities
While our matching technology prioritizes the most relevant opportunities for you, you retain full freedom to explore and search for additional job opportunities beyond those recommended. You may browse all available jobs on the Platform, use filters and search criteria to refine your search, view Recruiters company profiles, and save jobs for later review.
3. Submitting and managing your Applications
To apply for a job available on our Platform, you must complete an online application form that may include personal and professional information.
Application forms are created and managed solely by the Recruiter posting the job. Your application and all information provided will be sent directly to the Recruiter. WTTJ is not involved in the recruitment process and does not make hiring decisions. Only the Recruiter is authorized to contact you regarding your application.
Some job postings may redirect you to third-party websites where you submit your application directly. In such cases, WTTJ is not responsible for third-party sites, their content, or their application processes. You should review the terms and privacy policies of such third-party sites.
You may track and manage all your job applications through your Account dashboard, where you can view all submitted applications, monitor application status when updated by Recruiters, access communication history with Recruiters, and withdraw applications if desired.
At the time of your application, you expressly warrant that all information shared is truthful, accurate, and complete. Providing false, misleading, or inaccurate information may result in rejection of your application by Recruiters, termination of your Account by WTTJ, or legal consequences under applicable law.
13. Following Companies, Content, and Receiving Notifications
By using the Platform, you acknowledge that we will send you notifications and communications necessary for the operation of our Services based on our legitimate interest in providing you with a functional and effective job search experience. These include communications related to:
- Your use of our Services and Platform functionality
- Your job applications and application status updates
- Messages and contact from Recruiters regarding your applications
- Activity from companies you follow
- Important account and security information
- Privacy policy updates or changes to these Terms of Use
- Platform updates affecting your use of the Services
These operational communications are essential to your use of the Platform. You have the right to opt out of certain operational communications (excluding those related to security, legal obligations, or essential Platform functionality), but doing so may significantly impact your ability to use the Services effectively.
14. Profile Visibility and Recruiter Contact
When you create an Account on Welcome to the Jungle, your profile is visible to Recruiters by default. This allows Recruiters to discover and contact you directly about job opportunities that match your professional background and preferences.
Recruiters may view your profile information when they use our sourcing tools and search filters to identify relevant candidates. The profiles presented to Recruiters are selected based on the information in your profile, whether entered manually or automatically, and your stated job preferences.
You may opt out of this visibility feature at any time by changing your status to “Not Available” in your Account settings. When you opt out, your profile will no longer be visible to Recruiters and they cannot contact you proactively through the Platform. You can still browse jobs and submit applications.
You may reactivate your visibility at any time by changing your status back to “Visible” or “Open to Opportunities.” Changes take effect immediately.
For more information about how your data is used for sourcing purposes, please refer to our Sourcing Service Information Notice.
15. Suspension or termination of your Account
Welcome to the Jungle has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform at any time if (i) you provide any content on the Platform (via your Account or via any of your interactions within the Platform) that is untrue, inaccurate, not current, or incomplete, or Welcome to the Jungle has reasonable grounds to suspect that any such content is untrue, inaccurate, not current, or incomplete, or (ii) you breach the TOUs (including any ancillary policies) (iii) you breach any applicable law or regulations in your interactions with the Platform, or (iv) your Account has been previously terminated for violations and you attempt to create a new Account.
If your Account has been terminated for a breach of these Terms of Use, you are prohibited from creating a new Account on the Platform using a different name, email address, or other forms of account verification.
PART C: ARTIFICIAL INTELLIGENCE
16. Use of Artificial Intelligence - Overview
1. AI-Native Platform
Welcome to the Jungle is an AI-native platform. We use artificial intelligence and machine learning technologies to enhance your experience on the Platform and help you discover relevant job opportunities.
Our AI-powered features include:
- Profile creation and enhancement: AI-assisted parsing of your CV and professional information;
- Job matching: Personalized job recommendations based on your profile and preferences;
- Candidate sourcing: AI-powered matching of your profile with Recruiter searches;
- AI Career Coach*: Career guidance, resume feedback, and skills gap analysis.
\This feature is not yet live as of the date of these TOUs. The TOUs (including ancillary policies) will automatically apply to this feature as soon as it becomes available.*
2. Detailed AI Terms
Detailed information about our AI-powered features, including how they work, how your data is processed, your rights and controls, limitations, disclaimers, and applicable terms and conditions, is set forth in our Artificial Intelligence and Matching Technologies Terms (the “AI Terms for Candidates”), available here.
The AI Terms are incorporated by reference into these Terms of Use and constitute a binding part of your agreement with Welcome to the Jungle. All references to “these Terms of Use” or “this Agreement” include the AI Terms unless expressly stated otherwise.
By creating an Account and using the Platform and its AI-powered features, you agree to be bound by both these Terms of Use and the AI Terms for Candidates.
17. Key Principles
While the AI Terms for Candidates provide comprehensive details, key principles include:
Your Control and Responsibility:
- You retain full control over your profile and must verify all AI-generated information, AI technologies are tools that support, but do not replace, human judgment and decision-making
- You are solely responsible for the accuracy and completeness of your profile and job applications
- You should not rely solely on AI recommendations without exercising your own judgment
- You remain solely responsible for all decisions you make based on AI-generated recommendations or outputs
Our Limited Liability:
- AI features are provided “as is” without guarantees of accuracy or outcomes
- We do not guarantee that use of AI features will result in employment, job offers, or career advancement
- We are not liable for errors in AI outputs or decisions you make based on AI recommendations
Your Rights:
- You can opt out of certain AI features as described in the AI Terms for Candidates but you may not be able to access the full functionality of the Platform if you choose to do so as certain AI features are integral to the core functionality of the Platform
- You retain all rights regarding your personal data as described in our Privacy Policy
- You can delete your Account at any time
For information about data protection and privacy, see our Privacy Policy.
18. Updates to AI Features
We may update and improve our AI features from time to time. Material changes to AI features or the AI Terms for Candidates will be communicated under the conditions set forth in these TOUs through updates to the AI Terms, notifications in your Account, or email notifications. Your continued use of AI features after such changes constitutes acceptance of those changes.
PART D: GENERAL PROVISIONS
19. Intellectual Property and Acceptable Use
1. WTTJ Content
“Welcome to the Jungle”, “Find your People” and all related graphics, logos, service marks, and trade names used on or in connection with the Website and/or the Services are the trademarks of WTTJ and may not be used without permission in connection with your, or any third party’s, products or services. Other trademarks, service marks, and trade names that may appear on or in the Platform are the property of their respective owners.
Except with respect to User Content, you acknowledge and agree we are the owner or the licensee of all patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”) in the Services, our Website and in the material published on it, including but not limited to text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and blog posts (“WTTJ Content”).
Except as expressly set out in these TOUs, all rights are reserved, and nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website or any other Intellectual Property Rights, without the owner’s prior written consent.
2. License to Use Platform
The Platform is protected by copyright laws throughout the world. Subject to these TOUs, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access, view, and use the Platform solely for your own personal use. You cannot use any part of the Platform or any WTTJ Content, User Content or Recruiter Content (together “Content”) Made Available on our Platform for any other use including commercial purposes.
Any future release, update, or other addition to the Platform shall be subject to these Terms of Use. WTTJ, its suppliers, and service providers reserve all rights not granted in these TOUs. For the avoidance of doubt, you understand and agree that any unauthorized use of any of the Platform terminates the licenses granted by WTTJ under this article.
WTTJ may, at its sole discretion, immediately terminate your license to use the Platform.
- User Content
3.1. Definition
When you or other users of the Platform (including other Candidates) send, store, upload, post, email, transmit, or otherwise make available (“Make Available”) Content (including CVs and messages) through or using the Platform (“User Content”), WTTJ may, for example, use such User Content to provide the Services to you and other users and otherwise for its internal business purposes including but not limited to data analysis, quality control, or to refine the Website or any other Services (including to provide better search results and other listings for Candidates and Recruiters), whether via automated means or otherwise.
3.2. Nature of User Content
Whenever you make use of a feature that allows you to upload content to our Platform or to make contact with Recruiters, you warrant that such content complies with the content standards set out in our Acceptable Use Policy and in these Terms of Use.
In particular, you shall not Make Available User Content that (i) is illegal under any applicable law, (ii) breaches the rights of third parties, (iii) contains false or misleading information in candidate profiles, (iv) constitutes harassment, discrimination, or hate speech, (v) infringes intellectual property rights and/or (vi) breaches these Terms of Use including our Acceptable Use Policy.
3.3. Responsibility for User Content
You acknowledge that WTTJ has no obligation to pre-screen User Content, does not approve, endorse, or make any representations or warranties with respect to User Content, although WTTJ reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content for any reason, including if such User Content violates these Terms of Use including our Acceptable Use Policy or applicable law or is otherwise objectionable.
You acknowledge that all User Content is the sole responsibility of the party from whom such User Content originated. This means that you, and not WTTJ, are entirely responsible for all User Content that you Make Available on the Platform as well as you understand that other users of the Platform, and not WTTJ, are similarly responsible for their User Content.
3.4. Recruiter Content
You acknowledge that WTTJ has no obligation to pre-screen Recruiter Content, does not approve, endorse, or make any representations or warranties with respect to Recruiter Content, although WTTJ requires Recruiter to comply with our Usage Policy as well as applicable law.
You acknowledge that all Recruiter Content is the sole responsibility of the party from whom such Recruiter Content originated. This means that Recruiters, and not WTTJ, are entirely responsible for all Recruiter Content that they Make Available on the Platform.
3.5. Reporting Mechanisms
If you become aware of (i) illegal Recruiter or User Content and/or (ii) Recruiter or User Content that violates these Terms including ancillary policies, you may report it by filling out the form available on our Help Center here.
Please provide us with (i) description of the content and its location on the Platform, (ii) reasons why you consider it illegal or in violation of these Terms of use and (iii) your contact information (if you wish to receive follow-up).
Depending on the nature of the allegation, we will acknowledge receipt of your report promptly, review reported User or Recruiter Content in a timely and diligent manner and if applicable take appropriate action, which may include content removal, account suspension, or other measures. We will notify you of our decision and reasoning, where appropriate.
20. Linking
1. Linking to Our Website
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to our Website without our authorisation.
If you wish to link to or make any use of Content on our Website, please contact us by filling out the form available on our Help Center here.
2. Linking to Other Websites
Where our Website contains links to other sites and resources provided by third parties including Recruiters career websites, these links are provided for convenience only. WTTJ does not review, approve, monitor, endorse, warrant, or make any representations with respect to such sites. Such links should not be interpreted as approval by Welcome to the Jungle of those linked websites or information you may obtain from them. Unless expressly stated, these sites are not under the control of Welcome to the Jungle or that of our affiliates. You use such sites at your own risk.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. When you click on a link to a third-party site, we will not warn you that you have left our Platform and are subject to the terms and conditions (including privacy policies) of another website or destination. You should review applicable terms and policies, including privacy and data gathering practices, of any such third-party site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
21. Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to WTTJ through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that WTTJ has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to WTTJ a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform and/or WTTJ’s business.
22. Term and Termination
You hereby acknowledge and agree that the application of the Terms of Use commenced on the earlier to occur of (a) the date you first used the Platform or (b) the date you accepted them (as described above), and that the Terms of Use will remain in full force and effect while you use any of the Platform, unless earlier terminated in accordance with the terms herein.
23. Privacy
For any information as to how we collect, store, and process your personal data, please refer to our Candidates Privacy Policy.
PART E: DISCLAIMERS AND LIMITATIONS
24. Disclaimers
THE WEBSITE, OUR SERVICES, AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM INCLUDING ANY AI OUTPUTS OR RECOMMENDATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR FROM US OR CONTENT MADE AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING US OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE WEBSITE AND/OR OUR SERVICES SHALL BE BORNE SOLELY BY YOU. THE WTTJ PARTIES AND WTTJ’S LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
MORE SPECIFICALLY, WE DISCLAIM ANY WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED; (iv) THE USE OF THE PLATFORM INCLUDING OUR AI FEATURES WILL ALLOW YOU TO OBTAIN CERTAIN RESULTS (E.G., EMPLOYMENT); OR (v) THE CONTENT ON OUR PLATFORM IS ACCURATE, COMPLETE, OR UP TO DATE. YOU ACKNOWLEDGE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE PLATFORM INCLUDING THROUGH THE USE OF OUR AI FEATURES IS ACCESSED AT YOUR SOLE RISK AND DISCRETION, AND THE WTTJ PARTIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
YOU ACKNOWLEDGE THAT WTTJ HAS NO OBLIGATION TO STORE ANY OF YOUR CONTENT, AND IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM USE OF THE PLATFORM. EXCEPT FOR WTTJ’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN ITS PRIVACY POLICY, WTTJ ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS. WTTJ HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR ACCURACY OF ANY CONTENT, INCLUDING YOUR CONTENT; THE FAILURE TO STORE, TRANSMIT, OR RECEIVE TRANSMISSION OF CONTENT; OR THE SECURITY, PRIVACY, STORAGE, OR TRANSMISSION OF OTHER COMMUNICATIONS ORIGINATING WITH OR INVOLVING USE OF THE PLATFORM. YOU AGREE THAT WTTJ RETAINS THE RIGHT TO CREATE REASONABLE LIMITS ON WTTJ’S USE AND STORAGE OF THE CONTENT, INCLUDING YOUR CONTENT, SUCH AS LIMITS ON FILE SIZE, STORAGE SPACE, PROCESSING CAPACITY, AND SIMILAR LIMITS DESCRIBED ON THE WEBSITE AND AS OTHERWISE DETERMINED BY WTTJ IN ITS SOLE DISCRETION.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. WTTJ MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER WTTJ NOR ITS AFFILIATES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD WTTJ OR ITS AFFILIATES LIABLE, FOR THE CONDUCT OF ANY THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT WTTJ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM.
25. Release
You hereby release and forever discharge WTTJ (and our affiliates, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other users or any third-party sites linked on the Platform).
26. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE WTTJ PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF BUSINESS, LOSS OF REPUTATION, LOSS OF OPPORTUNITIES, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE WEBSITE, AND ANY THIRD-PARTY DATA OR CONTENT, ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE PLATFORM, ON ANY THEORY OF LIABILITY, OR ANY OTHER MATTER RELATED TO THE PLATFORM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE WTTJ PARTIES WILL NOT BE LIABLE FOR MORE THAN 100 EUROS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WTTJ AND YOU.
SUBJECT TO COUNTRY SPECIFIC RULES DETAILED BELOW, THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A WTTJ PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A WTTJ PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A WTTJ PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE SEE PART G JURISDICTION SPECIFIC PROVISIONS BELOW.
27. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will indemnify, defend, and hold harmless us, our affiliates, and our and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively, the “WTTJ Parties”) from and against every claim brought by a third party and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Website and/or the Services; (2) your violation of any portion of the Terms of Use, any representation, warranty (notably but not limited to warranty on User Content), or policy referenced in these Terms of Use, or any applicable law, rule, or regulation; (3) your violation of any third-party right, including any Intellectual Property Right or publicity, confidentiality, other property, or privacy right; (4) Your User Content; or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You agree that the provisions in this section will survive any termination of your Account, the Terms of Use, and/or your access to the Platform.
PART F: MISCELLANEOUS
28. Electronic Communications
The communications between you and WTTJ may take place via electronic means, whether you visit the Platform or send WTTJ emails, or whether WTTJ posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from WTTJ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WTTJ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
29. Force Majeure
WTTJ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
30. Assignment
You may not assign, subcontract, delegate, or otherwise transfer any of your rights or obligations under these Terms of Use to any other person without our prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer our rights under these Terms of Use at any time and at our discretion.
31. Notice
Where WTTJ requires that you provide an email address, you are responsible for providing WTTJ with your most current email address. In the event that the last email address you provided to WTTJ is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms of Use, WTTJ’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to WTTJ at its registered office address found in the preamble above. Such notice shall be deemed given when received by WTTJ by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
32. Entire Agreement
These Terms of Use, including those policies mentioned herein, contains the whole agreement between you and WTTJ relating to its subject matter and supersedes all prior discussions, arrangements, or agreements that might have taken place in relation to it.
33. Survival
Those provisions which by their nature should survive termination of these Terms of Use will survive termination of this Agreement, including Part G (Jurisdiction-Specific Provisions) and all disclaimers, limitations of liability, and indemnification provisions herein.
PART G: JURISDICTION-SPECIFIC PROVISIONS
The following provisions apply based on your country of residence and supplement the general terms above.
If you reside in a jurisdiction other than France, the United Kingdom, or the United States, the provisions applicable to France (Section 1) shall govern your use of the Platform, and you consent to the application of French law and the jurisdiction of French courts.
SECTION 1: FRANCE
34. Governing Law
For users residing in France, these Terms of Use shall be governed by and construed in accordance with the laws of France.
35. Dispute Resolution
For users residing in France, any disputes arising from these Terms of Use or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of France.
36. Individual Person Rights
Nothing in these Terms of Use affects your statutory rights as a consumer under French law. Where we provide services to you as a consumer, these Terms of Use do not exclude or limit our liability for (i) death or personal injury, (ii) fraud or fraudulent misrepresentation and (iii) any other liability that cannot be excluded or limited under French law.
SECTION 2: UNITED KINGDOM
37. Governing Law
For users residing in the United Kingdom, these Terms of Use shall be governed by and construed in accordance with the laws of England and Wales.
38. Dispute Resolution
For users residing in the United Kingdom, any disputes arising from these Terms of Use or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of England and Wales.
39. Individual Person Rights
Nothing in these Terms of Use affects your statutory rights as a consumer under UK law. Where we provide services to you as a consumer, these Terms of Use do not exclude or limit our liability for (i) Death or personal injury caused by our negligence, (ii) Fraud or fraudulent misrepresentation and (iii) any other liability that cannot be excluded or limited under English law.
SECTION 3: UNITED STATES
The terms provided in this section 3 part G apply solely to users residing in the USA. PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.
40. If you are a California resident
You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage for any unconscionable commercial practice by a WTTJ Party or for such party’s fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the Platform provided hereunder.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
41. ARBITRATION AGREEMENT
1. Applicability of Arbitration Agreement
Subject to the terms of this Arbitration Agreement, you and WTTJ agree that any dispute, claim, or disagreements arising out of or relating in any way to your access to or use of the Platform, any communications you receive, any products sold or distributed through the Platform, or these Terms of Use and prior versions of these Terms of Use, including claims and disputes that arose between you and us before the effective date of these Terms of Use (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and WTTJ may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or WTTJ may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms of Use as well as claims that may arise after the termination of this Agreement.
2. Informal Dispute Resolution
There might be instances when a Dispute arises between you and WTTJ. If that occurs, WTTJ is committed to working with you to reach a reasonable resolution. You and WTTJ agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually beneficial outcome (“Informal Dispute Resolution”). You and WTTJ therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to WTTJ that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@wttj.co or regular mail to our offices located at 8-10 rue Saint Fiacre, 75002 Paris, France. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your Account (if you have one); (2) the name, telephone number, mailing address, and email address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
3. Waiver of Jury Trial
YOU AND WTTJ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WTTJ are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 41.1 Applicability of Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
4. Waiver of Class and Other Non-Individualized Relief
YOU AND WTTJ AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 41.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 41.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WTTJ agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or WTTJ from participating in a class-wide settlement of claims.
5. Rules and Forum
This Arbitration Agreement evidences a transaction involving interstate commerce, and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and WTTJ agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and WTTJ otherwise agree, or the Batch Arbitration process discussed in Section 41.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
You and WTTJ agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
6. Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 41.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
7. Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 41.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 41.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void, or voidable, or that such Section 41.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 41.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 41.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
8. Attorneys’ Fees and Costs
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or WTTJ need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
9. Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and WTTJ agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against WTTJ by or with the assistance of the same law firm, group of law firms, or organizations within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by WTTJ.
You and WTTJ agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
10. 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@wttj.co within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
11. Invalidity, Expiration
Except as provided in Section 41.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with WTTJ as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
12. Modification
Notwithstanding any provision in these TOUs to the contrary, we agree that if WTTJ makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to WTTJ at 8-10 rue Saint Fiacre, 75002 Paris, France, your continued use of the Website or the Services, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service, or these TOUs, the provisions of this Arbitration Agreement as of the date you first accepted the TOUs (or accepted any subsequent changes to the TOUs) remain in full force and effect. WTTJ will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of this Agreement.
13. Governing Law
ANY DISPUTE, CLAIM, OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
14. Exclusive Venue
To the extent the parties are permitted under this Arbitration Agreement to initiate litigation in a court, both you and WTTJ agree that all claims and disputes arising out of or relating to the TOUs will be litigated exclusively in the state or federal courts located in the State of New York, New York County.
PART H: DMCA NOTICE
Welcome to the Jungle respects the Intellectual Property Rights of others, takes the protection of Intellectual Property Rights very seriously, and asks users of the Website to do the same. Infringing activity will not be tolerated on or through the Platform.
42. DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an Intellectual Property Rights-related complaint about any material on the Website, you may contact our Designated Agent at the following email address: legal@wttj.co
1. Procedure for Reporting Claimed Infringement
If you believe that any Content, including User Content, made available on or through the Website has been used or exploited in a manner that infringes an Intellectual Property Right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other Intellectual Property Right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Website;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright or other Intellectual Property Right owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other Intellectual Property Right owner or authorized to act on the copyright or Intellectual Property Right owner’s behalf.
Your Notification of Claimed Infringement may be shared by Welcome to the Jungle with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Welcome to the Jungle making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
2. Repeat Infringers
Welcome to the Jungle reserves the right to:
(a) remove or disable access to material that Welcome to the Jungle believes in good faith, upon notice from an Intellectual Property Rights owner or authorized agent, is infringing the Intellectual Property Rights of a third party by being made available through the Website; and
(b) in appropriate circumstances, to terminate the Accounts of and block access to the Website by any user who repeatedly or egregiously infringes other people’s copyright or other Intellectual Property Rights. Welcome to the Jungle may terminate the Accounts of users that are determined by Welcome to the Jungle to be repeat infringers. Welcome to the Jungle reserves the right to suspend or terminate Accounts of users in our sole discretion.
3. Counter Notification
If you receive a notification from Welcome to the Jungle that material made available by you on or through the Website has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Welcome to the Jungle with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Welcome to the Jungle’s Designated Agent through one of the methods identified above in the “DMCA Notification” paragraph, and include substantially the following information:
a. your physical or electronic signature;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Welcome to the Jungle may be found, and that you will accept service of process from the person who provided notification as described above in the “DMCA Notification” paragraph or an agent of that person.
We recommend any party submitting a Counter Notification consult with a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
4. Reposting of Content Subject to a Counter Notification
If you submit a Counter Notification to Welcome to the Jungle in response to a Notification of Claimed Infringement, then Welcome to the Jungle will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Welcome to the Jungle will replace the removed Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Welcome to the Jungle’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Welcome to the Jungle’s system or network.
5. False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides at 17 U.S.C. § 512(f) that: “[any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Welcome to the Jungle] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.]“ Welcome to the Jungle reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.