CAREERHARMONY™ SYSTEM TERMS
OF SERVICE FOR CANDIDATES
THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN AND IN RELATED LINKS (COLLECTIVELY, THE “TERMS”) WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ANY OTHER PERSON OR ENTITY ACTING ON YOUR BEHALF (“RECRUITER”, “YOU”/”YOUR” ETC.), AND CAREERHARMONY, INC. (“CAREERHARMONY”/”WE”/”OUR” ETC.) AND THEY WILL GOVERN YOUR USE OF THE CAREERHARMONY SYSTEM, WEB SITE, URL LINK(S), SOLUTION(S), AND ANY DATABASE, INFORMATION, TEXT, IMAGES, SOFTWARE, PRODUCTS AND SERVICES THEREINCONTAINED (“SYSTEM”).
Any and all rights not expressly granted in these Terms are reserved by CareerHarmony. CareerHarmony reserves the right to change these Terms, at its sole discretion, any time or from time to time. IF YOU DO NOT AGREE TO, OR ARE NOT COMFORTABLE WITH THESE TERMS OR ANY PART THEREOF, PLEASE DO NOT USE THE SYSTEM. USING THE SYSTEM OR ANY PART THEREOF IN ANY WAY, SIGNIFIES YOUR CONSENT TO BE BOUND BY THESE TERMS AND ANY PART THEREOF
1. Your License to Use the CareerHarmony System
We hereby grant you a non-exclusive, non-transferable, world-wide, personal license under the CareerHarmony intellectual property rights, to use the System subject to the Terms. By this license you are granted a limited right to use the System as stated, but you are not and will not become the owner of the System or any part thereof. Only you may use the System, and you may not rent, lease, lend, sub-license or transfer the System or any part thereof nor any of your rights under the Terms to anyone else. You may not develop or derive for commercial use any data in machine-readable or other form that incorporates or uses any part of the System.
2. Your Use of the System
You are allowed to use the System only for personal and noncommercial use. Except as otherwise provided herein or in the CareerHarmony web-site www.CareerHarmony.com (“Web-Site”), you may not alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, publicly display, transfer, sell or use in any other way, the System, any information or content contained in the System or any part thereof without the prior express written permission of CareerHarmony.
2.1 Your User Responsibilities
You may only use the System and any part thereof for lawful purposes. As one of the conditions of your use, you warrant and represent that you are a genuine and bona fide job applicant and that you are not using the System for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the System complies with these Terms. You may not use the System or any part thereof to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of others’ privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party right including by submitting content that you do not have rights in; and (iii) advertising, offering, soliciting, licensing or granting public access to any content offered on the System. In addition, in order to allow us to maintain reliable and effective System, you specifically agree to refrain from intentionally providing any irrelevant, misleading or wrongful information and answers to questions or queries found on the System. You warrant and affirm that you will NOT:
1. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
2. Allow someone to help or assist you in completing any component of the System;
3. Help or assist anyone elsein completing any component of the system;
4. Provide any incomplete, false or inaccurate information on any application submitted for a job through the System;
5. Post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data;
6. Eavesdrop, commit electronic trespassing, fraud or forgery, sniff, spam, nuke, hack, spoof, break passwords, contaminate the System, cause unauthorized, damaging and/or harmful access and/or retrieval of information and data;
7. Create deep linking from any other page to any part of the System;
8. Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
9. Upload or transmit any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; and not
10. Delete or revise any material posted by another person or entity.
2.2 Changes to the Service
We reserve the right, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality of the System or any part thereof, without prior notice. We may, at any time, suspend or cancel the System or any part thereof for any reason without prior notice. This version of the System is provided to you free of charge. Nevertheless, we expressly reserve the rights to charge you for the use of the System or certain parts thereof and change these Terms to reflect such changes. However, we will not charge you for using the System or certain portions of the System, before receiving your consent, though we reserve the right to terminate your membership with us and cancel your registration for the System, in whole or in part, should you refuse to provide such consent and payment if and when so required.
2.3 Waiver of Right to see Tests and Results
The information and other content you provide to us will be processed and assessed in the System for use by the Recruiters who post jobs on the System. The tests you will be undergoing and the results thereof will not be available to you and you hereby waive any rights to see such tests and/or results or any part thereof.
2.4 Waiver of Right for Revenues
YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS AS TO ANY REVENUES OR BENEFITS WE DERIVE FROM YOUR USE OR DISTRIBUTION OF ANY CONTENT YOU TRANSMIT OR OTHERWISE DELIVER TO US.
4. System Security
We operate secure data networks protected by industry standard security protection systems. Our security and privacy policies are periodically reviewed and enhanced, as we believe is necessary from time to time. However, the System service and our servers, as most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. Data and information sent using the System may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, sniffing, spamming, nuking, hacking, spoofing, imposture, breaking passwords, harassment, fraud, forgery and system contamination, use of viruses, worms and Trojan horses, causing unauthorized, damaging harmful access and/or retrieval of information and data on your computer and other forms and activities that may even be considered unlawful. We are doing our best to prevent such invasions from happening but we will not be responsible for any damage or harm caused as a result of such actions.
YOU ARE ESPECIALLY ADVISED AGAINST USING THE SYSTEM OR ANY PART THEREOF, WITH “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND INFORMATION. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. “MISSION CRITICAL” APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
4.1 The following covenants are binding for all the System users, and the failure to comply with any of these safeguards will constitute grounds for CareerHarmony to terminate any data transfer arrangement between CareerHarmony and the person(s) or entity(ies) concerned
You are prohibited from violating or attempting to violate the security of the System, including without limitation, (i) accessing data not intended for such a user or logging into a server or account for which such a user is not authorized access, (ii) attempting to probe, scan or test the vulnerability of the System or our network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with services to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) forging any TCP/IP packet header or any part of the header information in any posting. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the System or any part thereof. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
4.2 Violations of System or network security may result in civil and/or criminal liability. CareerHarmony will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. In addition, and without prejudice to any other remedy to which CareerHarmony may be entitled under these Terms and/or any applicable law, CareerHarmony may immediately terminate, without notice, your use of and access to the System and any part thereof, and in the event that you have paid any amount for the right to use the System, then without derogating from any other right for indemnification and/or compensation it may have, CareerHarmony may set-off any such funds and you hereby forfeit any right you may have to receive any such funds from CareerHarmony.
5. Proprietary Rights
CareerHarmony, Inc. is the owner of all intellectual property rights (including the copyrights) in the CareerHarmony System and any part thereof. Material published by CareerHarmony on this System may contain other proprietary notices or describe products, services, processes or technologies owned by CareerHarmony or third parties. Nothing in these Terms or in the System shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of CareerHarmony or any third party, except as expressly set forth herein.
5.1 “CareerHarmony Trademarks" shall mean "CareerHarmony™" and all other names, marks, logos, designs, trade dress and brand designations used by us in connection with the System and any part thereof. You are granted no right, title to, or interest in, any CareerHarmony Trademarks. You acknowledge our rights to the CareerHarmony Trademarks and agree that any use of the CareerHarmony Trademarks by us shall inure to our sole benefit. You agree not to (a) challenge CareerHarmony's ownership or use of, (b) register, or (c) infringe any CareerHarmony Trademarks, nor shall you incorporate any CareerHarmony Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations. If you acquire any rights in any CareerHarmony Trademarks by operation of law or otherwise, you will immediately at no expense to CareerHarmony, assign such rights to CareerHarmony along with any associated goodwill, applications, and/or registrations. You may refer to CareerHarmony’s products (including without limitation, the System and any part thereof) by their associated Trademarks, provided that you shall attribute all such marks to CareerHarmony, by using the appropriate "TM" symbols after such marks. In addition, any and all such references to our products shall be truthful and not misleading.
5.2 All other product and service marks contained herein are the trademarks or service marks of their respective owners. The "look" and "feel" of the CareerHarmony System and any part thereof (including color combinations, button shapes, layout, design and all other graphic elements) are also proprietary of CareerHarmony. The deletion or alteration of any copyright or other proprietary notices from the System or any part thereof is strictly forbidden.
5.3 All editorial content and graphics on the Web Site and the System, as well as HTML based computer programs used to generate pages, and the Web Site are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of CareerHarmony, which reserves all rights. Use or re-use of any of CareerHarmony's editorial content and graphics for any purpose is strictly prohibited without CareerHarmony's prior written permission.
6. Disclaimers & Limitations
6.1 System Provided “As Is”
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SYSTEM AND THE INTERNET GENERALLY. THE INFORMATION IN THE SYSTEM IS UPDATED FROM TIME TO TIME. HOWEVER THE SYSTEM AND ANY PART THEREOF ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, EFFICACY, COMPLETENESS, PERFORMANCE, TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SYSTEM OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY APPLICATION FORM/CURRICULUM VITAE OR ANY OTHER CONTENT POSTED AND/OR CREATED BY ANY OTHER THAN CAREERHARMONY, CONTAINED THEREIN.
6.2 Linking Policy
THE SYSTEM AND PARTS THEREOF MAY CONTAIN LINKS TO OTHER WEB-PAGES AND SITES, WHICH WERE INCLUDED SOLELY FOR YOUR CONVENIENCE. WITH RESPECT TO LINKS LEADING TO WEB-PAGES OR SITES WHICH DO NOT BELONG TO CAREERHARMONY (“THIRD PARTY PAGES”), UNLESS OTHERWISE SPECIFICALLY STATED IN THIS WEB-SITE, CAREERHARMONY HAS NEITHER LEGAL NOR COMMERCIAL OR ANY OTHER RELATIONS WITH SUCH THIRD PARTY PAGES OR THEIR OWNERS, AND HAS NO CONTROL OVER NOR ANY RIGHT IN OR TO THE CONTENT APPEARING ON SUCH THIRD PARTY PAGES. CAREERHARMONY SHALL NOT BE LIABLE FOR ANY CONTENT APPEARING ON ANY THIRD PARTY PAGES NOR FOR THE RESULTS OF YOUR FOLLOWING ANY SUCH LINK AND/OR VIEWING AND/OR EXECUTING ANY TYPE OF FILE CONTAINED THEREIN. ANY USE BY YOU OF SUCH LINKS IS AT YOUR OWN RISK.
Furthermore, the linking to any Third Party Pages shall not be construed as an authorization, approval, recommendation or preference by CareerHarmony, its officers, directors, employees or anyone on its behalf, of such Third Party Pages and/or any content contained therein, their operators, owners nor of any of the products that may appear or be presented in such Third Party Pages. At the time that a link was included in this web-site and/or service, CareerHarmony found the information contained at the linked web-site or page fit to the purposes of this web-site an/or service, and that the link itself was valid. Nevertheless, given the dynamic nature of the Internet, it is very likely that, since that time, the linked web-site and/or page has been changed. Should you find the linked web-site and/or page offensive in its nature, unfit for any purpose and/or that the link itself is invalid, please inform the webmaster of this web-site and service at [email protected] Also, if you believe there is an additional web-site or page that is relevant to the subject matter of this web-site and/or service, please contact the web administrator of this web-site and service at [email protected]
6.4 No advice or information given by CareerHarmony, its affiliates or their respective employees shall modify the foregoing or create any warranty.
6.5 CareerHarmony expressly disclaims any warranty that the information on this System and any part thereof, or on the Internet generally will be uninterruptable or error free or that any information, software or other material accessible from the System is free of viruses or other harmful components.
6.6 You shall have absolutely no recourse against CareerHarmony for any alleged or actual infringement of any proprietary rights you may have in anything you post on the System. CareerHarmony makes no warranties whatsoever that you will obtain any job via the System, nor any warranties about (and takes no responsibility for) any job you may obtain.
6.7 IN NO EVENT SHALL CAREERHARMONY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THIS SYSTEM OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THIS SYSTEM, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CAREERHARMONY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states or jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then CareerHarmony's maximum liability for any type of damages shall be limited to the commutative sums you have paid us for the right to use the System.
7.1 Both you and us (each) shall have the right to terminate the provision of services under these Terms at any time, without prior notice, for any reason whatsoever and without any obligation to specify the reasons for such termination. In such event, this Agreement, including all of your rights to use the System and any part thereof, will terminate automatically and immediately. In addition, should you fail to comply with the provisions of these Terms, or any rule of law relating to your use of the System or any part thereof, these Terms, including all of your rights to use the System or any part thereof, will terminate automatically and immediately. Upon any such termination, you must immediately stop using the System and any part thereof.
7.2 You hereby acknowledge that any breach of any of your obligations with respect to these Terms shall constitute a material breach of these Terms that is likely to cause or threaten irreparable harm to CareerHarmony. You therefore agree that in addition to any right it may have under the applicable law and pursuant to these Terms, in the event of any such breach, CareerHarmony shall be entitled to seek equitable relief to protect its interests, including, but not limited to preliminary and permanent injunctive relief, as well as monetary damages.
8. Governing Law and Jurisdiction
These Terms are for all purposes governed by and construed in accordance with the internal substantive laws of the State of New York or federal courts located in New York, without regard to the principles of conflict of laws thereof. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Each Party hereby irrevocably consents to the jurisdiction and venue laid in the courts of New York County New York and the Southern District for the State of New York for all disputes and litigation arising under or relating to this Agreement.
9. Changes of These Terms
we may change, from time to time, these Terms and any part thereof and such changes will be effective from the time that new version of these Terms is posted on our Web Site. Significant modifications shall be effective upon the earlier of posting the modified Terms on our Web Site, or directing an email to you. You agree to review the Terms on our Web Site periodically so that you will be aware of any modifications. You agree that your continued use of the System shall signify your consent to the new or revised Terms.
You shall indemnify us (in this provision - including our affiliates, officers, directors, employees, consultants, agents and licensors) and hold us harmless against any claim, damage, loss, liability or expense, including reasonable attorneys fees, arising out of your failure to comply with these Terms or the breach or infringement of any third party rights due to your actions or omissions.
These Terms represent the complete agreement between you and us concerning the subject matter hereof and it supersedes all prior agreements and representations, if any. Should any provision of these Terms be held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the fullest extent. We may transfer, assign sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to any third party whatsoever, without notice and without the need to receive your consent. You may not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and any such assignment if made will be null and void.
Should you have any questions concerning these Terms, or if you desire to contact us for any reason, please e-mail us to:[email protected]