These Terms of Use were last updated on April 22th, 2009.
EdgeVine Software India Pvt Ltd (the “company”), under the domain name "The
company" provides its service, including on-line services that will help employers,
recruiters and educational partners reach out to job candidates more effectively,
(the "Services") to you subject to the following Terms of Use which 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: www.The company.com. In addition,
when using particular The company services, you and The 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.
The company provides users who are employers and employment 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 The 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 the 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. The 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 the company may discontinue or change the Services
at any time, without notice. You also understand and agree that the company may
discontinue or restrict your use of the Services for any reason without notice.
The content displayed by the company on the Services other than "User Content"
as defined below ("The company Content" and together with "User Content",
"Content") is the property of the 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 the company.
You will receive a password and account designation upon completing the The company
registration process and becoming a member. These passwords are the property of
the 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 the 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. The 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 the 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 the 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. The 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 the company, are entirely responsible for all User Content that you upload,
post, email, transmit or otherwise make available via the Services. The 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 the 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 the company cannot guarantee
the identity of any other users with whom you may interact in the course of using
the Services. Additionally, the 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 the 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. The company
cannot and does not guarantee that it will continue to post all User Content you
or other users submit to the Services. Also, The 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 the 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, tortuous, 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 the 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 the company
for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
- 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 the company may or may not pre-screen User Content, but that
the 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, the 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 the 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 The 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 The 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 the 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 the 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 the company the license
stated above. Subject to the foregoing, the owner of such content and trademark
submitted to the company retains any and all rights that may exist in such content
and trademarks.
You agree to indemnify and hold the 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.
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.
The 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
the company hereby disclaims any such express or implied warranties. neither the
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 the
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. the 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.
The Services contain hyperlinks to web sites operated by persons other than the
company. Such hyperlinks are provided for your reference and convenience only. You
agree not to hold the 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
the 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 the 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 the
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.
You agree that the 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 the company believes that you have violated to acted inconsistently
with the letter or spirit of these Terms of Use. The company may also in its sole
discretion and at any time discontinue providing services under the Services, 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 Service may be effected
without prior notice, and acknowledge and agree that The 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 the company shall not be liable to you or any
third-party for any termination of you access to the services.
