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This
page states the "Terms and Conditions" under which you may
use AEJob. Please read this page carefully. If you DO
NOT accept the Terms and Conditions stated here, DO NOT use
this web site and service. By using this web site, you are indicating
your acceptance to be bound by the terms of these Terms and Conditions.
AEJob (the "Company") may revise these Terms and
Conditions at any time by updating this posting. You should visit this
page periodically to review the Terms and Conditions, because they are
binding on you. The terms "You" and "User" as used
herein refer to all individuals and/or entities accessing this web site
for any reason.
Use
of Material
The Company
authorizes you to view and download a single copy of the material on
AEJob (the "Web Site") solely for your personal,
noncommercial use.
The contents of
this Web Site, such as text, graphics, images, logos, button icons,
software and other "Material", are protected under both
United States and foreign copyright, trademark and other laws. All
Material is the property of the Company or its content suppliers or
clients. The compilation (meaning the collection, arrangement and
assembly) of all content on this Web Site is the exclusive property of
the Company and protected by U.S. and international copyright laws.
Unauthorized use of the Material may violate copyright, trademark, and
other laws. You must retain all copyright, trademark, service-mark and
other proprietary notices contained in the original Material on any
copy you make of the Material. You may not sell or modify the Material
or reproduce, display, publicly perform, distribute, or otherwise use
the Material in any way for any public or commercial purpose. The use
of the Material on any other web site or in a networked computer
environment for any purpose is prohibited.
You shall not copy
or adapt the HTML code that the Company creates to generate its pages.
It is also protected by the Company’s copyright.
Acceptable
Site Use
General Rules:
Users may not use the Web Site in order to transmit, distribute, store
or destroy material (a) in violation of any applicable law or
regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others
or violate the privacy, publicity or other personal rights of others,
or (c) that is defamatory, obscene, threatening, abusive or hateful.
Web Site Security
Rules. Users are prohibited from violating or attempting to violate the
security of the Web Site, including, without limitation, (a) accessing
data not intended for such user or logging into a server or account
which the user is not authorized to access, (b) attempting to probe,
scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, (c)
attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the
Web Site, overloading, "flooding", "spamming",
"mailbombing" or "crashing", (d) sending
unsolicited e-mail, including promotions and/or advertising of products
or services, or (e) forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting. Violations of
system or network security may result in civil or criminal liability.
The Company will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
Specific
Prohibited Uses
The Web Site may be
used only for lawful purposes by individuals seeking employment and
career information and employers seeking employees. The Company
specifically prohibits any use of the Web Site, and all users agree not
to use the Web Site, for any of the following:
Posting any
incomplete, false or inaccurate biographical information or information
which is not your own accurate resume (living individual seeking
employment on a full-time or part-time basis on his or her own behalf).
Posting any
franchise, pyramid scheme, "club membership", distributorship
or sales representative agency arrangement or other business
opportunity which requires an up front or periodic payment, pays
commissions only (no significant salary), requires recruitment of other
members, sub-distributors or sub-agents.
Deleting or
revising any material posted by any other person or entity.
Using any device,
software or routine to interfere or attempt to interfere with the
proper working of this Web Site or any activity being conducted on this
site.
Taking any action
which imposes an unreasonable or disproportionately large load on this
Web Site’s infrastructure.
If you have a
password allowing access to a non-public area of this Web Site,
disclosing to or sharing your password with any third parties or using
your password for any unauthorized purpose.
Notwithstanding
anything to the contrary contained herein, using or attempting to use
any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Web Site other than the
search engine and search agents available from the Company on this Web
Site and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
Attempting to
decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Web Site.
Aggregating,
copying or duplicating in any manner any of the materials or
information available from the Web Site.
Framing of or
linking to any of the materials or information available from the Web
Site.
User
Information
When you register
for the Web Site, you will be asked to provide the Company with certain
information including, without limitation, a valid email address (your
"Information"). In addition to the terms and conditions that
may be set forth in any privacy policy on this Web Site, you understand
and agree that the Company may disclose to third parties, on an
anonymous basis, certain aggregate information contained in your
registration application. The Company will not disclose to any third
party your name, address, e-mail address or telephone number without
your prior consent, except to the extent necessary or appropriate to
comply with applicable laws or in legal proceedings where such
information is relevant. The Company reserves the right to offer third
party services and products to you based on the preferences that you
identify in your registration and at any time thereafter; such offers
may be made by the Company or by third parties. Please see the
Company’s Privacy Policy for further details regarding your
Information.
User
Submissions
As a user, you are
responsible for your own communications and are responsible for the
consequences of their posting. You must not, and by using this Web Site
you agree not to, do the following things: post material that is
copyrighted, unless you are the copyright owner or have the permission
of the copyright owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others; post material
that is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user or any other person or entity; post a
sexually-explicit image or statement; post advertisements or
solicitations of business, post chain letters or pyramid schemes;
impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information.
The Company does
not represent or guarantee the truthfulness, accuracy, or reliability
of communications posted by users or endorse any opinions expressed by
users. You acknowledge that any reliance on material posted by other
users will be at your own risk.
The Company acts as
a passive conduit for the online distribution and publication of
user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for
screening or monitoring material posted by users. If notified by a user
of communications which allegedly do not conform to these Terms and
Conditions, the Company may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request the
removal of the communication. The Company has no liability or
responsibility to users for performance or nonperformance of such
activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and
Conditions or the law and the right to remove communications which are
abusive, illegal, or disruptive. The Company may take any action with
respect to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may create
liability for the Company or may cause the Company to lose (in whole or
in part) the services of its ISPs or other suppliers.
By submitting
content to any public or non-public area of the Web Site, including
message boards, forums, contests and chat rooms, you grant the Company
and its affiliates the loyalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right (including
any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole or
in part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for the full term of
any rights that may exist in such content. You also warrant that the
holder of any rights, including moral rights in such content, has
completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license stated above.
You also permit any subscriber to access, display, view, store and
reproduce such content for personal use. Subject to the foregoing, the
owner of such content placed on the Web Site retains any and all rights
that may exist in such content.
Registration
and Password
You are responsible
for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or
not authorized by you. You agree to immediately notify the Company of
any unauthorized use of your registration or password.
Identification Of
Agent To Receive Notification And Elements Of Notification Of Claimed
Copyright Infringement
If you believe that
your copyrighted work has been uploaded, posted or copied to this Web
Site and is accessible on this Web Site in a way that constitutes
copyright infringement, please notify us by providing our designated
copyright agent with the following information:
-
The physical or electronic signature of either the
copyright owner or of a person authorized to act on the owner's
behalf;
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A description of the copyrighted work you claim has been
infringed, and a description of the activity that you claim to be
infringing;
-
Identification of the URL or other specific location on
this web site where the material or activity you claim to be
infringing is located or is occurring; you must include enough
information to allow us to locate the material or the activity;
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Your name, address, telephone number and, if you have
one, your e-mail address;
-
A statement by you that you have a good faith belief
that use on the web site of the copyrighted work in the manner you
are complaining of is not authorized by the copyright owner, any
agent of the copyright owner, or the law; and
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A statement by you, made under penalty of perjury, that
the information you have provided in your notice is accurate and
that you are either the copyright owner or are authorized to act on
behalf of the copyright owner.
Policy Regarding
Termination Of Users And Account Holders Who Repeatedly Infringe The
Copyright Or Other Intellectual Property Rights Of Others
AEJob,
and all of our affiliated companies respect the intellectual property
of others, and we ask our users, account holders and content partners
to do the same. The unauthorized reproduction, copying, distribution,
modification, public display or public performance of copyrighted works
constitutes infringement of the copyright owners rights. As a condition
to your use of this Web Site, you agree not to use the Web Site to
infringe the intellectual property rights of others in any way. We will
terminate the accounts of any account holders, and block access to our
Web Site of any users, who are repeat infringers of the copyrights, or
other intellectual property rights, of others. We reserve the right to
take these actions at any time, in our sole discretion, with or without
notice, and without any liability to the account holder who is
terminated or to the user whose access is blocked.
The
Company’s Liability
AEJob
is only a venue. This Web Site acts as a venue for employers to post
job opportunities and candidates to post resumes and does not screen or
censor the listings offered. The Company is not involved in the actual
transaction between employers and candidates. As a result, the Company
has no control over the quality, safety or legality of the jobs or
resumes posted, the truth or accuracy of the listings, the ability of
employers to offer job opportunities to candidates or the ability of
candidates to fill job openings. In addition, note that there are
risks, including but not limited to the risk of physical harm, of
dealing with strangers, foreign nationals, underage persons or people
acting under false pretenses. You assume all risks associated with
dealing with other users with whom you come in contact through the Web
Site.
Because user
authentication on the Internet is difficult, AEJob cannot
and does not confirm that each user is who they claim to be. Because we
do not and cannot be involved in user-to-user dealings or control the
behavior of participants on AEJob, in the event that you
have a dispute with one or more users, you release the Company (and our
agents, owners and employees) from claims, demands and damages (actual
and consequential, direct and indirect) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code d1542, which says:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his
settlement with the debtor."
We are under no
legal obligation to, and generally do not, control the information
provided by other users which is made available through the Web Site.
By its very nature, other people’s information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or
deceptively labeled. We expect that you will use caution and common
sense when using this Web Site.
The Material may
contain inaccuracies or typographical errors. The Company makes no
representations about the accuracy, reliability, completeness, or
timeliness of the Web Site or the Material. The use of the Web Site and
the Material is at your own risk. Changes are periodically made to the
Web Site and may be made at any time.
You acknowledge and
agree that you are solely responsible for the form, content and
accuracy of any resume or material contained therein placed by you on
the Web Site. Employers are solely responsible for their postings on
the Web Site.
The Company is not
to be considered to be an employer with respect to your use of the Web
Site and the Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on
the Web Site.
THE COMPANY DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND
MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer
of Consequential Damages
IN NO EVENT SHALL
THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Links
to Other Sites
The Web Site
contains links to third party web sites. These links are provided
solely as a convenience to you and not as an endorsement by the Company
of the contents on such third-party Web sites. The Company is not
responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials
on such third party Web sites. If you decide to access linked third
party Web sites, you do so at your own risk.
No
Resale or Unauthorized Commercial Use
You agree not to
resell or assign your rights or obligations under these Term of Use.
You also agree not to make any unauthorized commercial use of the Web
Site.
Limitation
of Liability
The aggregate
liability for the Company to you for all claims arising from the use of
the Materials is limited to $100.
Termination
The Company
reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from
this Web Site and immediate termination of your registration with or
ability to access the Web Site and/or any other service provided to you
by the Company, upon any breach by you of these Terms and Conditions or
if the Company is unable to verify or authenticate any information you
submit to the Web Site registration with or ability to access the Web
Site.
Indemnity
You agree to
defend, indemnify, and hold harmless the Company, its officers,
directors, owners, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Material or
your breach of the terms of these Terms and Conditions. The Company
shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such
claim, suit or proceeding.
General
The Company makes
no claims that the Materials may be lawfully viewed or downloaded
outside of the United States. Access to the Materials may not be legal
by certain persons or in certain countries. If you access the Web Site
from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These
Terms and conditions are governed by the internal substantive laws of
the State of California, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement
shall lie exclusively with the state or federal courts within
California. If any provision of these Terms and Conditions are found to
be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full
force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided in additional terms of use for
areas of the Web Site a particular "Legal Notice," or
Software License or material on particular Web pages, these Terms and
Conditions constitute the entire agreement between you and the Company
with respect to the use of Web Site. No changes to these Terms and
Conditions shall be made except by a revised posting on this page.
Additional
Terms of Use
Certain areas of
this Web Site are subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional
terms of use applicable to such areas.
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