Legal | Terms of Use
These Terms of Use were last updated on September 1, 2012.
iCIMS, Inc. (the "Company") provides its Jobmagic service, including on-line services that candidates find job openings and recruiters find candidates more effectively, (the "Services") to you subject to the following Terms of Use. These Terms of Use may be updated from time to time without notice to you. You can review the most current version of these Terms of Use at any time by visiting: social.icims.com. In addition, when using particular Company services, you and Company shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. By accessing and using the Services, you are agreeing to be legally bound by these Terms of Use.
GENERAL
Company provides recruiters with access to information about job candidates and users who are job candidates with access to information on job openings. Unless explicitly stated otherwise, any new features that augment or enhance the current services shall be subject to these Terms of Use. You understand and agree that the services provided through the Services are provided "AS IS" and that Company assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
By using the Services, you are representing to Company that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the Services). You may not use the Services for any unlawful purpose. Company may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Services after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access the Services before you begin using the Services. You may print a copy of these Terms of Use for your reference.
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.
MEMBER CONDUCT.
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 be fully responsible for your own conduct and User Content and agree to access and use the Services at your own risk on an as-is basis. While Company has no obligation to monitor the Services, it may, from time to time, monitor the Services to determine whether their use complies with these Terms of Use. Company cannot and does not guarantee that it will continue to post all User Content you or other users submit to the Services. Also, Company reserves the right to edit or abridge User Content for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Company's sole discretion.
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 acknowledge, consent and agree that Company may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests; or (e) protect the rights, property, or personal safety of Company, its users and the public.
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.
COMPANY PRIVACY POLICY.
Data you provide and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at Privacy Policy.
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.
TERMINATION.
You may terminate your Company account at any time and for any reason with notice to Company (contact us) which shall be effective upon Company's processing such notice. You agree that Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any content within the Services, for any reason, including without limitation, for lack of use or if Company believes that you have violated these Terms of Use or have not acted consistent with the spirit of these Terms of Use. Company may also in its sole discretion and at any time discontinue providing the Services under, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the services provided in the Services. Further, you agree that Company shall not be liable to you or any third-party for any termination of you access to the services.
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.
If you wish to make purchases from an area of the Services or a "co-branded" web site operated by a person other than Company (a "Co-Branded Site"), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card or other payment mechanism information. You agree not to hold Company liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will contain a description of the site's privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.
ADDITIONAL LEGAL TERMS.
Neither party may assign any of its rights or obligations under these Terms of Use (in whole or in part) without prior written permission from the other party, provided that a party may assign this Agreement to an affiliate or successor in interest by merger, acquisition or reorganization. Any purported assignment in violation of this paragraph shall be void and constitute a material breach of this Agreement. In the event of a permitted assignment, the assigning party shall provide written notice to the other party. This Agreement will inure to the benefit of and be binding on the parties, their successors, permitted assigns and legal representatives. No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise.
These Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the State of New York, as if these Terms of Use were a contract wholly entered into and wholly performed within the State of New York. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
All rights not expressly granted herein are hereby reserved.
What to do if you believe a person violates these Terms of Use: If you believe that a person or organization using the Services violated these Terms of Use, we encourage you to contact Company by sending an email to generalcounsel@icims.com that identifies the applicable posting and the screen identity of the person who made the posting. Company cannot guarantee that any action will be taken as a result of your email.