You understand and agree that Company may discontinue or change the Services at any time, without notice. You also understand and agree that Company may discontinue or restrict your use of the Services for any reason without notice.
COPYRIGHT AND LIMITATIONS ON USE.
The content displayed by Company on the Services other than "User Content" as defined below ("Company Content" and together with "User Content", "Content") is the property of Company or its licensors, and is protected by copyright and other intellectual property laws. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon or store any Content from the Services. You also agree not to distribute, transmit, broadcast or circulate any Content from the Services to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of Company.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
You will receive a password and account designation upon completing the Company registration process and becoming a member. These passwords are the property of Company and for security reasons must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
You understand that all information, data, text, and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such information, data, text, or materials originated. This means that you, and not Company, are entirely responsible for all information, data, text, and other materials that you upload, post, e-mail, transmit, or otherwise make available via the Services ("User Content"). You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Services or the content contained therein without our prior express written consent. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the properly working of the Services or any activities conducted on the Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services without the prior express written consent of Company.
User Content is created by users in the course of using the website. This includes but is not limited to users' information about themselves or job openings and may be visible to other users. Company does not endorse, and specifically disclaims any responsibility or liability for, any User Content. By using the Services, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Services. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that you, and not Company, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. Company does not control or actively monitor the User Content posted by users and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves or job opportunities.
You agree to not use the Services to:
- upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Company official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or any contests or chain letters except in those areas that are designated by Jobmagic for such purpose;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or any contests or chain letters except in those areas that are designated by Company for such purpose;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- post content in fields that are not intended for that content, for example, post an email address in a title field;
- "stalk" or otherwise harass another; or
- improperly collect or store personal data about other users.
You acknowledge that Company may or may not pre-screen User Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any User Content that is available via the Services. Without limiting the foregoing, Company and its designees shall have the right to remove any User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You agree not to violate any applicable local, state, national or international law in connection with your use of the Services. This includes, among other things, any securities law or regulation.
By submitting any User Content, posting a message, uploading a file or engaging in any other form of communication through the Services, you are granting Company a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, display, perform, sublicense, create derivative works based upon, transfer and sell any such User Content, messages, files or communications. Employers and their representatives also grant to Company and its affiliates a perpetual, royalty-free and irrevocable right and license to use, reproduce, communicate to the public and display the name and trademark of their organization and status as a contributor of User Content to Company. Employers and their representatives warrant and represent that they have the authority to enter into this license agreement and that they are holder of any rights, including moral rights in such content and trademarks, and that they have completely and effectively waived all such rights and validly and irrevocably granted to Company the license stated above. Subject to the foregoing, the owner of such content and trademark submitted to Company retains any and all rights that may exist in such content and trademarks.
You agree to indemnify and hold Company and its affiliates and their respective officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of your use of the Services and any User Content provided by you to the Services.
CANCELLATION AND REFUNDS.
Company offers a variety of subscription plans for recruiters at varying price levels. If you have purchased a subscription, it will automatically renew unless cancelled prior to your renewal date. You may cancel your subscription at any time and for any reason.
Fees paid for subscriptions will not be refunded or pro-rated when you cancel your subscription. Where applicable and unless otherwise set forth in your specific plan details, your account will remain active until the end of your current subscription term unless otherwise terminated by Company. Subscription fees charged to your account after receipt of your cancellation will be refunded.
To cancel your subscription, please contact us.
Subscription fees for Company products will not be refunded or pro-rated for partial-month or partial-year usage upon termination.
DISCLAIMER OF WARRANTIES AND LIABILITY.
Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Services. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND COMPANY HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER COMPANY NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT ON THE WEB SITE. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. COMPANY AND ITS AFFILIATES, TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU IN THE TERM IN WHICH THE FIRST OF SUCH CLAIMS OCCURRED.
LINKS TO THIRD PARTY SITES.
The Services contain hyperlinks to web sites operated by persons other than Company. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Company responsible for the content or operation of such web sites. A hyperlink from a Service to another web site does not imply or mean that Company endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from a Service.
ADDITIONAL LEGAL TERMS.
All rights not expressly granted herein are hereby reserved.