Terms and Conditions
1.
Introduction.
Please read this page carefully. It contains the terms and conditions (the
“Terms and Conditions”) governing your access to and use of the CareerBuilder
Web Sites and the Services (as each are defined below) provided by CareerBuilder,
LLC or one of its divisions (collectively, “CareerBuilder”). If you do not
accept these Terms and Conditions or you do not meet or comply with their
provisions, you may not use the CareerBuilder Web Sites or Services. These Terms
and Conditions are effective as of February 3, 2010.
2.
Binding Agreement.
These Terms and Conditions (as they may be amended from time to time by
CareerBuilder), together with your Service Activation Agreement (if applicable),
form a binding agreement (the "Agreement") between you and
CareerBuilder. Your access to or use of
the CareerBuilder Web Sites or Services indicates your acceptance of these
Terms and Conditions. You are agreeing
to use the Sites at your own risk.
3.
Certain Definitions.
The following definitions apply to this Agreement:
3.1 “CareerBuilder
Materials” includes
any materials, methodologies, implementation plans or other intellectual
property used during the provision of Services.
3.2 “CareerBuilder Web
Site” or the “Site” (collectively, the “CareerBuilder Websites” or the “Sites”) means any web site
under CareerBuilder’s control, whether partial or otherwise and includes such
Site’s Content, Text, Graphics, Design,
Programming, CareerBuilder Materials and Services (as applicable in each
context).
3.3 “Content” includes all Text,
Graphics, Design and Programming used on the Sites.
3.4 “Design” includes the color
combinations and the page layout of the Sites. "Programming" includes
both client-side code (HTML, JavaScript, etc.) and server-side code (Active
Server Pages, VBScript, databases, etc.) used on the Sites.
3.5 “Document” refers to any posting
to a Site, whether job or resume.
3.6 “Employer” means a person or
entity that is accessing a Site to post a job or utilizing the Services for any
reason related to the purpose of seeking candidates for employment.
3.7
“Employer Materials” includes any brochures, emails, sample job postings,
web site content, career fair material, audio, videos, photographs, logos,
trademarks, service marks, domain names, documents or other materials provided
by Employer, if any, for use in connection with the Services.
3.8 “Graphics” includes all logos,
buttons, and other graphical elements on the Sites, with the exception of paid
advertising banners.
3.9 “Job Seeker” means a User who is
accessing a Site to search for a job or in any other capacity except as an
Employer.
3.10 “Services” means any services
provided by CareerBuilder or its agents described herein and specified more
fully in the Service Activation Agreement.
3.11 “Text” includes all text on
every page of the Sites, whether editorial, navigational, or instructional.
3.12 “User” refers to any
individual or entity that uses any aspect of the Sites.
3.13 “You” or “you” means the person who
(or the entity on behalf of whom you are acting) that is agreeing to these
Terms and Conditions.
4.
Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1
General Use Rules.
The Sites are intended for individuals seeking employment and for employers or
recruiters seeking candidates for employment. You may use the Sites only for
lawful purposes within the stated context of CareerBuilder's intended and
acceptable use of the Sites. CareerBuilder is the sole interpreter of the Sites’
intended and acceptable use.
4.2
CareerBuilder Intellectual Property Rights. The Sites, the CareerBuilder Materials
and all right, title and interest in and to the Sites and CareerBuilder
Materials are the sole property of CareerBuilder or its licensors, and are
protected by United States and foreign copyright, trademark and other laws.
Except for the limited licenses expressly granted to you in these Terms and
Conditions, CareerBuilder reserves for itself and its licensors all other rights,
title and interest. Without limitation on the foregoing, you may not reproduce,
modify, display, sell, or distribute the Content or CareerBuilder Materials, or
use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary
contained herein, this prohibition includes: (a) copying or adapting the HTML
code used to generate web pages on the Sites; (b) using or attempting to use engines,
manual or automated software, tools, devices, agents, scripts robots or other
means, devices, mechanisms or processes (including, but not limited to,
browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access,
“scrape,” “crawl,” or “spider” any web pages or any Services provided on the
Sites other than the search engine and search agents available from
CareerBuilder on such CareerBuilder Sites and other than generally available
third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c)
aggregating, copying or duplicating in any manner any of the Content or
information available from any of the CareerBuilder Sites, without the express
written consent of CareerBuilder. The
use of the Content on any other web site or in a networked computer environment
for any purpose is strictly prohibited. The CareerBuilder Materials are not
considered to be works for hire and you may duplicate such CareerBuilder
Materials only for the purposes outlined in the Service Activation
Agreement. "CareerBuilder,"
“Personified”, the CareerBuilder design logo and certain other names or logos
are service marks or trademarks of CareerBuilder, and all related product and
service names, design marks and slogans are the service marks or trademarks of
CareerBuilder. In addition, the "look" and "feel" of the
Sites (including color combinations, button shapes, layout, design and all
other graphical elements) are also protected by CareerBuilder's trademarks,
service marks and copyrights. Any code that CareerBuilder creates to generate
or display the Content or the pages making up the Sites is also protected by
CareerBuilder’s copyright. You must
retain all copyright, trademark, service mark and other proprietary notices
contained on the Content or CareerBuilder Materials on any authorized copy you
make of the Content or CareerBuilder Materials.
All other product and service marks contained on the Sites are the
trademarks of their respective owners.
4.3
License to Use by Users who are Job Seekers. CareerBuilder hereby grants you a
limited, terminable, non-exclusive right to access and use the Sites only for
your personal use seeking employment opportunities for yourself. This
authorizes you to view and download a single copy of the material on the Sites
solely for your personal, noncommercial use. You agree that you are solely
responsible for the content of any Document you post to a Site and any
consequences arising from such posting. Your use of the Sites is a privilege.
CareerBuilder reserves the right to suspend or terminate that privilege for any
reason at any time, in its sole discretion.
4.4
License to Use by Users who are Employers. CareerBuilder hereby grants you a
limited, terminable, non-exclusive right to access and use the Sites only for
your internal business use seeking candidates for employment. This authorizes
you to view and download a single copy of the material on the Sites solely for
your personal use directly related to searching for and recruiting job
prospects. CareerBuilder also grants you a limited, terminable, non-exclusive
license to use the CareerBuilder Materials and Services for your internal use
only. You may not sell, transfer or
assign any of the Services or your rights to any of the Services provided by
CareerBuilder to any third party without the express written authorization of
CareerBuilder. You agree that you are solely responsible for the content of any
Document you post to a Site and any consequences arising from such posting.
CareerBuilder reserves the right to suspend or terminate your access and use at
any time if CareerBuilder determines that you are in breach of these Terms and
Conditions.
4.5
Employer Materials. Employer represents, warrants and covenants that any Employer Materials
provided by Employer for use in connection with the Services will not violate
any laws or regulations or third-party proprietary rights, including, without
limitation, copyright, trademark, obscenity, rights of publicity or privacy,
and defamation laws. Employer
hereby grants CareerBuilder a non-exclusive, worldwide, royalty-free license to
use the Employer Materials and to hyperlink to Employer’s website in connection
with the Services.
4.6
Other Specific Rules Regarding Site Usage. You represent, warrant and agree that
you (a) are at least 13 years of age or older, and if under the age of 18 or
the age of majority as that is defined in your jurisdiction, you will only use
the Sites and Services under the supervision of a parent, legal guardian, or
other responsible adult; and (b) will not use (or plan, encourage or help
others to use) the Sites for any purpose or in any manner that is prohibited by
these Terms and Conditions or by applicable law. It is your responsibility to
ensure that your use of the Sites complies with these Terms and Conditions and
all applicable laws.
4.7 User Submissions. CareerBuilder welcomes
your comments regarding the Services and the Sites and appreciates hearing from
you. Please note, however, that CareerBuilder does not accept or consider
creative ideas, suggestions, inventions or materials other than those which it has
specifically requested. If you submit feedback on the Services, please be
specific in your comments and do not submit creative ideas, inventions, suggestions,
or materials. If, despite this notice, you send CareerBuilder
creative suggestions, ideas, drawings, concepts, inventions, or other
information (a "User Submission"), you understand and agree that the User
Submission shall become the property of CareerBuilder. User Submission and any elements
contained in User Submissions, shall not be subject to
any obligation of confidentiality on CareerBuilder’s part, and CareerBuilder will
not be liable for any use or disclosure of any User Submission. CareerBuilder
shall exclusively own all now known or later discovered rights to the User Submission
and shall be entitled to unrestricted use of the User Submission for any
purpose whatsoever, commercial or otherwise, without compensation to you or any
other person.
5.
Third Party Providers. You acknowledge and agree that CareerBuilder may provide the Services
using third party providers, including subcontractors and consultants (the
“Third Party Providers”). You agree that,
as between CareerBuilder and its Third Party Providers, CareerBuilder will have
sole responsibility for handling all billing and contract negotiations.
6.
Disclaimers and Limitations on CareerBuilder's Liability.
6.1
Allocation of Responsibility CareerBuilder assumes no responsibility for Documents
posted by Users and no responsibility for the activities, omissions or other
conduct of Users. CareerBuilder acts as a portal 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 Documents posted by Users. If notified by a User of a Document
which allegedly does not conform to these Terms and Conditions, CareerBuilder
may investigate the allegation and determine in good faith and in its sole
discretion whether to remove or request the removal of such Document.
CareerBuilder has no liability or responsibility to Users for performance or
nonperformance of such activities. CareerBuilder may take any action with
respect to User submitted information that it deems necessary or appropriate,
in its sole discretion.
6.2
No endorsements by CareerBuilder. Nothing on the Sites shall be considered an
endorsement, representation or warranty with respect to any User or third
party, whether in regards to its web site, products, services, hiring,
experience, employment or recruiting practices, or otherwise.
6.3
WARRANTY DISCLAIMERS.
(a)
THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. CAREERBUILDER, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. CAREERBUILDER MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b)
WITHOUT LIMITATION ON THE FOREGOING:
(i)
CAREERBUILDER DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT
THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREERBUILDER IS NOT RESPONSIBLE
FOR THOSE COSTS.
(ii)
CareerBuilder makes no representations
or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness,
timeliness or reliability of any Documents posted by Users, or of any other
form of communication engaged in by Users. Documents may contain inaccuracies
or typographical errors. You agree that any reliance on Documents posted by
Users, or on any other form of communication with Users, will be at your own
risk.
(iii)
CareerBuilder makes no representations
or guarantees regarding the Content of the SiteS, including, but not limited
to, broken links, inaccuracies or typographical errors.
(iv)
CAREERBUILDER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE
EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR
EMPLOYMENT OBJECTIVES. CAREERBUILDER DOES NOT GUARANTEE THAT THE SERVICES WILL
RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING
RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING
AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a)
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET
GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF
THE SITES.
(b)
IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE
LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING
FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO,
OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
CAREERBUILDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT
AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c)
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH
IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE
OR UNENFORCEABLE FOR ANY REASON, THEN CAREERBUILDER'S MAXIMUM LIABILITY TO YOU
FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE
AGGREGATE.
(d)
IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE
LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF
YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH CAREERBUILDER, THE AMOUNTS
ACTUALLY PAID BY YOU TO CAREERBUILDER UNDER THIS AGREEMENT IF GREATER THAN
US$200.00).
(e)
Due to the nature of this Agreement, in
addition to money damages, you agree that CareerBuilder will be entitled to
equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because
User authentication on the Internet is difficult, CareerBuilder cannot and does
not confirm that each User is who they claim to be. Because CareerBuilder does
not and cannot be involved in User-to-User dealings or control the behavior of
participants on the Sites, in the event that you have a dispute with one or
more Users, you release CareerBuilder from claims, demands and damages (actual
and consequential and 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.
6.6 California Residents. If you
are a California resident, you waive California Civil Code Section 1542, which
says: "A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or her
settlement with the debtor."
7.
Payment of Services upon Termination of Service Activation Agreement. If at any time during
the course of this Agreement you should terminate a Service Activation
Agreement or any other services Agreement in which these Terms and Conditions
have been incorporated by reference, then CareerBuilder shall reserve the right
to receive all payments from you for the Services used by you up to termination
and for fifty percent (50%) of the remaining unused portion of the Service
Agreement.
8.
Links to Other Sites.
CareerBuilder contains links to third party web sites. These links are provided
solely as a convenience to you and not as an endorsement by CareerBuilder of
the contents on such third-party web sites. CareerBuilder 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.
9.
Amendments to this Agreement and Changes to Sites. CareerBuilder may
revise these Terms and Conditions at any time by updating this page. Changes
will be binding on you on the date they are posted on the Sites (or as
otherwise stated in the any notice of such changes). Any use of a Site will be
considered acceptance by you of the then-current Terms and Conditions
(including any exhibits thereto) contained on such Site. If at any time you
find the Terms and Conditions unacceptable, you may not use the applicable Site
any longer. Any new or different terms supplied by you are specifically
rejected by CareerBuilder unless CareerBuilder agrees to them in a signed
writing specifically including those new or different terms. CareerBuilder may
change the Sites at any time.
10.
Indemnity.
You agree to defend, indemnify, and hold harmless CareerBuilder (and its subsidiaries,
affiliates, officers, directors, employees and agents) from and against any
third party claims, actions or demands (including, without limitation, costs,
damages and reasonable legal and accounting fees) alleging or resulting from or
in connection with your use of the Sites, any Document posted by you, your use
of the Services or your breach of this Agreement. CareerBuilder shall use
reasonable efforts to provide you prompt notice of any such claim, suit, or
proceeding and may assist you, at your expense, in defending any such claim,
suit or proceeding.
11.
User Information and Privacy Policy.
11.1 When you register on
any of the CareerBuilder Sites or in connection with the Services, you will be
asked to create an account and provide CareerBuilder with certain information,
including but not limited to, a valid email address (“User Information”). You
acknowledge and agree that you have no ownership rights in your account.
11.2 All User Information
will be used in accordance with the terms of CareerBuilder’s Privacy Policy.
Please note, as set forth in the Privacy Policy,
that CareerBuilder may collect certain User Information and may contact Users
periodically in accordance with the terms of the Privacy Policy. In addition,
CareerBuilder reserves the right to comply, in its sole discretion, with legal
requirements, requests from law enforcement agencies or requests from
government entities, even to the extent that such compliance may require
disclosure of certain User Information. In
addition, third parties may retain cached copies of User Information.
12.
Questions and Notices.
Questions concerning the use of the Sites should be directed to Feedback. Notices to
CareerBuilder should be sent to the address listed on the Sites. We will send notice to you at the address
submitted by you or to such other address as CareerBuilder reasonably
determines is an appropriate address for you.
13.
General.
CareerBuilder contact information is listed on the Sites. CareerBuilder makes
no claims that the Content is appropriate or may be downloaded outside of the
United States. Access to the Content may not be legal by certain persons or in
certain countries, and such persons have no right to access or use the Sites.
If you access CareerBuilder from outside of the United States, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction. This Agreement and your Service Activation Agreement, if you have
one, are governed by the internal substantive laws of the State of Illinois,
without respect to its conflict of laws principles. Jurisdiction for any claims
arising under this Agreement or your Service Activation Agreement shall lie
exclusively with the state or federal courts in the State of Illinois. The sole
relationship between you and CareerBuilder is that of independent contractors.
If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of all or part of a provision shall not
affect the validity of the remaining parts and provisions of this Agreement,
which shall remain in full force and effect. All provisions of this Agreement
shall survive termination except those granting access or use to the Sites, and
you shall cease all your use and access thereof immediately. You may not assign
or transfer your obligations under this Agreement. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver of such term or
any other term. Except as expressly provided by CareerBuilder in a particular
"Legal Notice," or material on particular web pages of the Sites,
this Agreement and your Service Activation Agreement where applicable,
constitute the entire agreement between you and CareerBuilder.
14.
Rules regarding Posting, Conduct and Security.
The
following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only
and is not a complete list of all posting, conduct and security rules.
14.1
Posting Rules:
(a)
You may not post any Document to a Site that contains: (i)
URLs or links to web sites (to advertise your company or web site, see our Advertising Info page.);
(ii) copyrighted material (unless you own the copyright or have the owner's
permission to post the copyrighted material); (iii) trade secrets (unless you
own them or have the owner's permission to post them); (iv) material that
infringes on or misappropriates any other intellectual property rights, or
violates the privacy or publicity rights of others; (v) keywords or white text
keywords (including any words embedded in the Document and hidden from the
User); (vi) anything that is discriminatory, sexually explicit, obscene,
libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii)
anything that is embarrassing or offensive to another person or entity.
(b)
You may not use a Document(s) to: (i) impersonate
another person, living or dead; (ii) post false, inaccurate or misleading
information, opinions or notices (commercial or otherwise) or chain letters;
(iii) post advertisements, or solicitations of business (including, but not
limited to, email processors, any pyramid scheme or “club membership”);
provided, however that CareerBuilder may allow posting of certain business
opportunities which require an upfront or periodic payment or pay commission
only in which case CareerBuilder reserves the right, in its sole discretion, to
place such posting in a designated location on its Sites or to remove the
posting altogether if it deems such description deceptive or unsatisfactory to
protect its Users.
(c)
Your Document(s) must contain sufficient detail to convey clearly to the User
the nature and requirements of the job opportunity, or, in the case of Users
seeking employment, your qualifications as a candidate for employment.
Documents that encourage the User to "email for more details" are not
permitted. Documents from any third party charging a fee or restricting
complete access to all resume information are prohibited.
(d)
Job postings must be individual openings for traditional, W-2 or 1099
employees.
(e)
Resume postings must contain the accurate resume of a living individual seeking
employment on a full-time, part-time, or contractual basis on his or her own
behalf.
(f)
CareerBuilder is under no obligation to monitor the Documents posted on the
Sites, but it may monitor Documents at random. Documents found to violate the
above Posting Rules may be removed at CareerBuilder's sole discretion.
14.2
Conduct Rules:
(a)
You may not respond to postings by other Users in any manner or for any purpose
other than that which is expected (i.e., to apply for the job or to initiate
further discussion with the candidate). Communications soliciting the Employer's
business are prohibited.
(b)
You may not send unsolicited commercial email to Users.
(c)
Protect your password. You are responsible for maintaining the confidentiality
of your information and password. You are responsible for all uses of your
registration, whether or not authorized by you. If others use your password to
post inappropriate material on the Sites, you risk losing your access to the
Sites. You agree to notify CareerBuilder immediately of any unauthorized use of
your registration and password.
(d)
Report inappropriate postings or conduct to Feedback.
(e)
You may not delete or revise any material posted by any other person or entity.
(f)
If at any time CareerBuilder comes to the understanding that you: (i) misled CareerBuilder regarding your business practices
and/or services, or (ii) purchased services that do not represent your precise
business, CareerBuilder reserves the right to terminate your Agreement.
14.3
Security Rules:
(a)
Users are prohibited from violating or attempting to violate the security of
the Sites, including, without limitation: (i) accessing data not intended for
such User or logging into a server or account which the User is not authorized
to access; (ii) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (iii) attempting to interfere with service to any User, host or
network, including, without limitation, via means of submitting a virus to the
Sites, overloading, "flooding", "mailbombing" or
"crashing"; (iv) sending unsolicited e-mail, including
promotions and/or advertising of products or services; (v) forging
any TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting.
(b)
Violation of these Security Rules may result in civil or criminal liability.
CareerBuilder 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.
15. Copyright Complaints.
15.1 CareerBuilder
respects the intellectual property of others. It is CareerBuilder's policy to
respond to claims of copyright and other intellectual property infringement. CareerBuilder
will promptly process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, CareerBuilder may act expeditiously
to remove or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity and may act expeditiously to remove or
disable access to any reference or link to material or activity that is claimed
to be infringing. CareerBuilder will terminate access for Users who are repeat
infringers.
15.2 Notifying CareerBuilder
of Copyright Infringement: To provide CareerBuilder notice of an infringement,
you must provide a written communication to the attention of "Trust and
Site Security" care of TSST@careerbuilder.com that sets forth the
information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note
that you may be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that an activity is infringing your copyright.
15.3 Providing CareerBuilder
with Counter-Notification: If we remove or disable access to content in
response to an infringement notice, we will make reasonable attempts to contact
the owner or administrator of the affected site or content. If you feel that
your material does not constitute infringement, you may provide CareerBuilder
with a counter notification by written communication to the attention of "Trust
and Site Security" at TSST@careerbuilder.com that sets forth all
of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that
you may be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that an activity is not infringing the copyrights of
others. If you are uncertain whether an activity constitutes infringement, we
recommended seeking advice of an attorney.
Please
note that Sections 16, 17, 18 and 19 below contain terms and conditions
relating to specific Services (Resume Database, CareerBuilder Magazine, Career
Fair Services and Personified Services) and you should review those Sections
closely if you are purchasing any of those specific Services.
16. Additional Terms in Connection with Use
of Resume Database. If, in your Service Activation
Agreement with CareerBuilder, you are purchasing Resume Database access, the
following additional terms apply to you:
16.1 CareerBuilder grants you a limited, personal, terminable,
non-transferable, non-exclusive right to access the CareerBuilder Resume
Database via the Sites for the purpose of viewing and/or downloading a single
copy of available paper and/or video resumes (collectively “Resumes”) solely
for your use.
16.2 The Resume Database is to be accessed and used solely by you. Upon your
successful registration for Resume Database subscription, you will be provided
with a unique password that will permit you to access the Resume Database. You
may not provide your password or otherwise permit access to the Resume Database
to any third party. You may download, one at a time, up to either 50 Resumes
per day or 300 Resumes per day (per Resume Database user seat) depending on the
Resume Database product purchased by you in accordance with the terms of your Agreement.
Please note that the term “download” shall include: (i)
viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii)
printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume;
and/or (vi) any other action that results or could result in your use of a
Resume or any of the information contained therein. You agree to protect and
keep your password confidential, to change your password on a regular basis,
and to maintain appropriate and regularly updated malware scanning and cleaning
tools on your network and individual computer(s).
16.3 You may not use the
Resume Database in any way which, in CareerBuilder’s sole judgment, adversely
affects CareerBuilder’s business, business prospects, the performance or
function of any Site or the Resume Database, or interferes with the ability, of
other subscribers to access the Resume Database. Further, your use of the
Resume Database may not interfere or violate, in any manner, the privacy
election of CareerBuilder Job Seekers.
16.4 You may use your
subscription to the Resume Database only for seeking candidates for employment,
You are specifically prohibited from using information contained in the Resume
Database to sell or promote any products or services or to take any other
action that is, in CareerBuilder’s sole judgment, inconsistent with these Terms
and Conditions, misleading or incomplete, or in violation of any Federal,
State, Local law, statute, code, rule, or regulation.
16.5 CareerBuilder may terminate, suspend, update, alter or supplement, at its sole
discretion, all or any part of the Resume Database at any time. By permitting
access to the CareerBuilder Resume Database, CareerBuilder does not convey any
interest in or to the Resume Database or any other CareerBuilder property or
Services. All right, title and interest in and to the Resume Database is and
shall remain in CareerBuilder.
17.
Additional Terms in Connection with Use of CareerBuilder Magazine Services. If, in your Service Activation Agreement with
CareerBuilder, you are purchasing CareerBuilder Magazine services, the
following additional terms apply to you:
17.1 Advertising. CareerBuilder will
provide advertising space in the CareerBuilder Magazine pursuant to the specifications
in the Service Activation Agreement. You
agree to provide advertising creative, suitable to the advertising specs
provided, to be used for particular advertisements.
17.2 Approval. All advertisements
are subject to CareerBuilder’s approval. CareerBuilder reserves the right to
refuse to run any advertisements that, in CareerBuilder’s sole discretion, are
not suitable for publication in the CareerBuilder Magazine. CareerBuilder will
notify you of any such action and you will be allowed to replace such
advertising with acceptable advertising within five (5) days of receipt of
notice, but before the published deadline for the appropriate month's issue. You will have the right to approve the final
“proof” of your advertisement before such advertisement runs in the
CareerBuilder Magazine. If you do not provide written approval before the
published deadline for the appropriate month’s issue, then you will be deemed
to have approved the proof.
18. Additional Terms in Connection with Use of CareerBuilder
Career Fair Services. If, in your Service
Activation Agreement with CareerBuilder, you are purchasing Career Fair
Services, the following additional terms apply to you:
18.1 CareerBuilder shall
determine allocations of exhibits. CareerBuilder shall make available to you all
exhibition requirements of the event building with in a timely period after
execution of the Service Agreement.
18.2 Allocation of space
and placement of your logos in advertisement supplements and event materials
shall be in the sole discretion of CareerBuilder.
18.3 You will be
responsible for the set-up, maintenance and safety of your own booth/exhibit.
18.4 CareerBuilder will do
its best to accommodate certain requests for additional services. CareerBuilder
cannot be held liable for delivery of special requests if the requests are not
received on time or depend on a third party for delivery. CareerBuilder shall have no liability to you for
additional services performed by third parties. All cost for additional services shall be
borne by you.
18.5 At no time shall booths/exhibits
be subleased without the express written consent of CareerBuilder. Sharing of
booths/exhibits or use or display by unauthorized or third parties is strictly
prohibited.
18.6 Your display and
exhibit property is at its own risk. CareerBuilder does not assume any
responsibility for loss or damage to your property. CareerBuilder will not be
held accountable for the death or injury of any person attending an event, or
for any damages suffered by you or any of your officers, agents, employees or
invitees as a result of any cause whatsoever, unless such act is due to the by
the negligence or act or omission of CareerBuilder or their employees or
representatives. You agree to indemnify and hold CareerBuilder, its parents,
subsidiaries, affiliates, and their respective officers, directors, agents and
employees harmless from any suit or claim arising out of any action or failure
to act by you or any of your officers, agents, employees or invitees.
18.7 You agree that no
display shall be dismantled, or goods removed, for the duration of the event.
All exhibits must remain intact until the closing hour of the event. You agree to remove all exhibits and equipment
from the event building by the final move-out time specified by CareerBuilder. You agree to pay for any and all additional
reasonable expenses incurred for failure to comply herein.
18.8 You understand and
agree that you are liable for any and all damages caused by you, or any of your
officers, agents, employees or invitees to the event building’s grounds,
landscaping, floors, walls, columns, or any other part of the building, or to
the chattels and fixtures of the building.
18.9 No signs or other
advertising devices shall be displayed in areas of the building other than
those set aside for such purposes. All signs are subject to the approval of
CareerBuilder.
18.10 CareerBuilder
reserves the right, upon reasonable notice to you, to substitute alternate
dates and/or facilities other than those originally planned for a particular
event. In the event of cancellation of an event by CareerBuilder, CareerBuilder
shall, at your option, either refund any amounts paid by you in full or apply
said amounts to a future CareerBuilder event.
18.11 You shall not be
entitled to receive a refund or credit from CareerBuilder if you do not attend
any event.
18.12 Neither party shall
be liable for any failure or delay in performance its obligations related to
the Career Fair to the extent that such failure or delay is proximately caused
by events beyond that party’s reasonable control and occurring without its
fault or negligence, including, without limitation, Acts of God (including, but
not limited to, hurricanes, tornadoes, fires and floods), acts of terrorism,
war, riots, insurrections, labor unrest or the intervention of any governmental
authority, provided that the party suffering the delay or failure shall
immediately notify the other party of the reason for the delay or failure and
shall act diligently to remedy the cause of such delay or failure.
19. Additional
Terms in Connection with Use of Personified Services. If, in your Service Activation Agreement with
CareerBuilder, you are purchasing Personified Services, the following
responsibilities apply to you:
19.1 You shall cooperate
with CareerBuilder in the performance by CareerBuilder of the Services, including,
without limitation, (a) providing CareerBuilder with timely access to data,
information, and personnel; (b) providing experienced, qualified and full-time
personnel having appropriate skills to perform their assigned tasks and duties
in a competent and timely fashion; (c) promptly rendering all decisions and
approvals so as not to delay or impede the performance of Services by
CareerBuilder; (d) providing a stable, fully functional system infrastructure
environment which will support the Services and allow CareerBuilder and you to
work productively; (e) promptly notifying CareerBuilder of any issues, concerns
or disputes with respect to the Services; and (f) any other item referenced in
the Service Agreement being a matter of your responsibility.
19.2 You shall be
responsible for the performance of your (and your subsidiaries’ and
affiliates’) personnel and agents and for the accuracy and completeness of all
data and information provided to CareerBuilder for purposes of the performance
of the Services.
19.3 You acknowledge and agree
that CareerBuilder’s performance may be dependent on the timely and effective
satisfaction of your responsibilities under this Agreement and timely decisions
and approvals by you in connection with the Services.
19.4 You shall be solely
responsible for, among other things: (a) making all management decisions and
performing all management functions; (b) designating a competent management
member to oversee the Services; (c) evaluating the adequacy and results of the
Services; and (d) establishing and maintaining internal controls, including,
without limitation, monitoring ongoing activities.