| 1. Definitions | ||
| (a) | "Company" shall mean PGC InfoTech (India) P. Limited, a company registered in India under the Companies Act, 1956 and having its registered office/ principal place of business at WIMB House Building, Prem Gardens, 6, Rajaji Nagar, PN Road, Tirupur-641 602 and includes all its sister/ affiliate /group concerns | |
| (b) | "WIMB" shall mean and include the Company's website whereismyboss.com. | |
| (c) | "User" shall mean any individual or company who fulfils the eligibility criteria specified in the terms and who has registered with WIMB and provided with a login. | |
| (d) | "Agreement" shall mean and include the following terms and conditions and policies, including any future amendments. | |
| (e) | "Date of Commencement" means the date of signing up of account by the user with the company indicating the acceptance of the application by the user to the service. | |
| (f) | "Date of Termination" means the date of expiry of the account of the User for the post chosen and will be extended to a further period as applicable upon renewal and will also include termination of account by the Company as per the Terms contained herein. | |
| (g) | "Registration Data" means the database of all the particulars, details and information provided by the User on first application and subscription, including but without limitation the User's name, telephone number, mailing address, account and email address. | |
| (h) | "Services" means the Services to be provided by the Company to the User and shall include the provision of following facilities: | |
| (i) Service to the User wishing to post resume or curriculum vitae for seeking employment | ||
| (ii) Service to the User who wishes to secure recruitment through WIMB. | ||
| (iii) Service to the User who wants to insert advertisements on WIMB. | ||
| (iv) Service to the User who wants to receive advertisements and promotional messages on WIMB and through emails. | ||
| (i) | "Content of WIMB" means and includes text, graphics, images, logos, button icons, software and such other Contents of WIMB and of all other websites under the Company's control. | |
| 2. Eligibility | ||
The User must be 18 years of age or older to use the services
offered by the Company or use WIMB in any manner. By visiting WIMB and accepting
these Terms of Use, the user undertakes to the Company that the user is 18 years
or older, and has the right, authority and capacity to agree to and abide by
these Terms of Use. The User also undertakes to use WIMB in a manner consistent
with any/all laws and regulations of India. |
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| 3. Use of Content of WIMB | ||
The Company authorizes the User to view and access the Content
of WIMB for personal use only. The Content of WIMB are protected under
copyright, trademark and other laws both in India and abroad. All Content of
WIMB are property of the Company. The compilation of all content of WIMB are the
exclusive property of the Company and protected by applicable copyright laws.
Unauthorized use of the Content of WIMB may violate copyright, trademark, and
other laws. The user shall retain all copyright, trademark and other proprietary
notices relating to intellectual property rights contained in the original
Content of WIMB on any copy made there from. The User shall not sell, modify or
otherwise use the Content of WIMB in any way for any public or commercial
purpose. The User shall not copy or adapt the HTML code created by the Company
to generate any Content of WIMB. |
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| 4. WIMB Site restrictions | ||
Users shall not use any WIMB Site in order to transmit,
distribute, store or destroy material, including without limitation Content of
WIMB |
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| (a) in violation of any applicable laws or
regulations of India |
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(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 |
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(c) that is defamatory, obscene,
threatening, abusive, hateful, harassing, libelous, vulgar, unlawful or illegal
or otherwise objectionable. |
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Users are also prohibited from violating the security of WIMB,
including, without limitation the following activities: |
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| (a) accessing data not intended for
such user or logging into a server or account which the user is not authorized
to access; |
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(b) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without proper authorization; |
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(c) attempting to interfere with
service to any user, host or network, including, without limitation, via means
of submitting a virus to WIMB, overloading, "flooding", "spamming",
"mail bombing" or "crashing"; or |
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(d) 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 shall 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. |
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| 5. Specific Prohibited Uses | ||
| (a) The job posting and resume database features of WIMB shall be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. | ||
(b) The Company specifically prohibits any
other use of WIMB and all Users agree not to do any of the
following: |
||
| (i) | Post or transmit any jobs on WIMB or other content for any competitor of
WIMB/Company; |
|
| (ii) | Post or transmit jobs or content on WIMB that contains any hyperlinks, email
addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant
or are otherwise misleading are
prohibited; |
|
| (iii) | Post jobs for modeling or talent scouting positions on
WIMBs; |
|
| (iv) | Use WIMB Database of Resume for any purpose other than as an employer seeking
employees; |
|
| (v) | Post or
submit to WIMB any incomplete, false, inaccurate or incorrect informations; |
|
| (vi) | Post on WIMB any
business opportunity requiring up front or periodic payment, pays only
commissions (except for postings that state the job involves payment of
commission only and clearly describe the product/service that the job seeker
will be selling), requires recruitment of other members, sub-distributors or
sub-agents; |
|
| (vii) | Send
unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited
faxes regarding promotions and/or advertising of products or services to a User
of
WIMB; |
|
| (viii) | Delete or revise any material posted by any other person or
entity; |
|
| (ix) | Take any action that imposes an unreasonable or disproportionately large load on
WIMB's infrastructure; |
|
| (x) | Notwithstanding anything to the contrary contained herein, use or attempt 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 WIMB other than the search engine and search agents available
from the Company on WIMB and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer); |
|
| (xi) | Attempt to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of WIMB; |
|
| (xii) | Aggregate, copy or duplicate in any manner any of the Content of WIMB or
information available from WIMB;
or |
|
| (xiii) | Frame or link to any of Content of WIMB or information available from WIMB. |
|
(c) The Company also specifically prohibits any use / insertion
of any of the User's URL, weblink, e mail address and website while posting any
job on WIMB and all Users agree not to use / insert any of the User's URL,
weblink, e mail address and website while posting any job on WIMB. |
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| 6. Registration Information | ||
| (a) | When the User registers with WIMB,
the User will be asked to provide the Company with certain information
including, without limitation, a valid email address. In addition to the Terms
of Use and any privacy policy applicable to WIMB, the User understands and
agrees that the Company may disclose to third parties, certain 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. The Company will be obliged to
disclose information to comply with applicable laws or in legal proceedings,
complying with court orders or for statutory compliance. |
|
| (b) | The Company reserves the right to
offer third party services and products to the User based on the preferences
that the User identify in the registration and at any time thereafter; such
offers may be made by the Company or by third parties. |
|
| (c) | Without limiting any of the other
disclaimers of warranty set forth in these Terms of Use, the Company does not
provide or make any representation as to the quality or nature of any of the
third party products or services purchased through WIMB or any other
representation, warranty or guaranty. |
|
| 7. Content of User and Submissions | ||
| (a) | The User is solely responsible for
the WIMB Account information, content, messages or other information ("Content
of User") that the User submits or publishes ("post") on WIMB or transmit to
other Users. By posting Content of User to WIMB, the User automatically grants,
represents and warrants that the User has the right to grant, to the Company an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such Content of User and to prepare
derivative works of, or incorporate into other works, such Content of User and
to grant and authorize sublicenses thereof. |
|
| (b) | By posting Content of User to any
public or non-public area of WIMB, including message boards, forums, contests
and chat rooms, the User grants 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 of User worldwide and/or to incorporate
it in other works in any form, media, or technology, for the full term of any
rights that may exist in such content. The User also warrants 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 the
User the right to grant the license stated above. The User also permits any User
to access, display, view, store and reproduce such Content of User for personal
use. Subject to the foregoing, the owner of such Content of User placed on WIMB
retains any and all rights that may exist in such Content of User. |
|
| (c) | The Company acts as a passive
conduit for the online distribution and publication of Content of User and is
not responsible for screening or monitoring Content of User posted by Users.
However, the Company may review and delete any Content of User that, in the
discretion of Company, violates these Terms of Use, violates applicable laws,
rules or regulations, is offensive or illegal or violates the rights of, harms
or threatens the safety of Users of WIMB. The Company does not represent or
guarantee the truthfulness, accuracy, or reliability of Content of User or any
other communications posted by Users or endorse any opinions expressed by Users.
The User acknowledges that any reliance on material posted by other Users will
be at their own risk. The Company reserves their right to expel Users and
prevent their further access to WIMB for violating the Terms of Use or
applicable laws, rules or regulations and the right to remove Content of User
which is in violation of the Terms of Use, abusive, illegal, or disruptive. The
Company may take any action with respect to Content of User that it deems
necessary or appropriate in its sole discretion if it believes it may create
liability for the Company in any manner whatsoever. |
|
| (d) | The following is a partial list of Content of User that is
prohibited on WIMB. The list below is for illustration only and is not a
complete list of all prohibited Content of User: |
|
|
(i)Is implicitly or explicitly offensive, harasses/incites harassment such as
Content of User that engages/endorses/promotes/ advocates racism, bigotry,
hatred or physical harm of any kind against any group or individual, religion
and/or
caste; |
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(ii)involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or
"spamming"; |
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(iii)promotes or endorses false or misleading information or illegal activities or
conduct that is abusive, threatening, obscene, defamatory or
libelous; |
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(iv)promotes or endorses an illegal or unauthorized copy of another person's
copyrighted
work; |
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(v)contains restricted or password only access pages, or hidden pages or
images; |
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(vi)displays or links to pornographic, indecent or sexually explicit material of any
kind; |
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(vii)provides or links to material that exploits people under the age of 18 in a
sexual, violent or other manner, or solicits personal information from anyone
under 18;
or |
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(viii)
provides instructional information about illegal activities or other activities
prohibited by these Terms, including without limitation, making or buying
illegal weapons, violating someone's privacy, or provides or creates computer
viruses or pirating any media; and solicits passwords or personal identifying
information from other Users; |
||
| (e) | The Company reserves the right in its
sole discretion to investigate and take legal action against anyone who engages
in any illegal or prohibited conduct or otherwise violates these Terms of Use,
including without limitation, removing the Content of User from WIMB and/or
terminating the offending User's ability to access WIMB and/or use WIMB. The
Company may take any other action with respect to Content of User or User
actions 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 |
|
| (f) | The Company has no obligation to screen Content of User in advance and is not responsible for screening or monitoring Content of User posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the Content of User. The Company has no liability or responsibility to Users for performance or of such activities. | |
| (g) | The Company appreciates hearing from its Users and welcome their comments regarding its services and WIMB. However, the policy of the Company does not permit it to accept or consider creative ideas, suggestions, inventions or materials other than those that have been specifically requested. If, despite request, the User send creative suggestions, ideas, drawings, concepts, inventions, or other information ("Submission") to the Company, the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever without any compensation. | |
| 8. Registration and Password | ||
The User is responsible for maintaining the confidentiality of
his Account and passwords. He shall be responsible for all uses of his Web Site
registrations and passwords, whether or not authorized by him. The User agrees
to immediately notify the Company of any unauthorized use of his Account and
passwords. |
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| 9. Data Privacy and SMS alerts | ||
In the context of the 'alerts' service being introduced by the Company; the
User consents to the use of his personal data in the form of phone number(s)
being used by the Company to forward relevant job alerts and other information
as and when they become available. |
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| 10. Identification of Agent to receive notification and elements of notification of claimed copyright infringement | ||
If the User believes that his copyrighted work has been
uploaded, posted or copied to WIMB and is accessible on WIMB in a way that
constitutes copyright infringement, the same should be notified to the Company
by providing its designated copyright agent with the following information: |
||
| (a) | The physical or electronic
signature of either the copyright owner or of a person authorized to act on the
owner's behalf; |
|
| (b) | A description of the copyrighted
work and activity that the User claims is under infringement; |
|
| (c) | Identification of the URL or other
specific location on WIMB where the material or activity the User claims to be
infringing is located or is occurring; the User must include enough information
to allow the Company to locate the material or the activity; |
|
| (d) | The name, address, telephone number
and, the e-mail address of the User; |
|
| (e) | A statement by the User that he
believes that the manner and use of the copyrighted work which is under
infringement is not authorized by the copyright owner/agent of the copyright
owner as per law; and |
|
| (f) | A statement made by the User, under
penalty of perjury, that the information he has provided in the notice is
accurate and truthful and either the owner of copyright or authorized so
behalf. |
|
Company shall mean PGC InfoTech (India) P. Limited, a company
registered in India under the Companies Act, 1956 and having its registered
office/ principal place of business at Prem Gardens , 5 Rajaji Nagar , P.N Road
, Tiruppur - 641602 and includes all its sister/ affiliate /group concerns. |
||
| 11. Policy regarding Termination of Users and Account Holders who repeatedly infringe the copyright or other Intellectual Property Rights of others | ||
The Company, its affiliates and subsidiaries respect the
intellectual property of others, and require our users and account holders to do
the same. The unauthorized reproduction, copying, distribution, modification,
public display or public performance of copyrighted works constitutes
infringement of the copyright owner's rights. As a condition precedent to use of
WIMB, the User agrees not to use WIMB to infringe the intellectual property
rights of others in any way. The accounts of account holders will be terminated
and access to WIMB will be blocked for any Users who are infringers of the
copyrights or other intellectual property rights of others. The Company reserves
its right to take such actions at any time, in its sole discretion without
notice, and without any liability to the User/account holder. |
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| 12. The Company's Liability | ||
WIMB acts as a venue for employers to post job opportunities
and job seekers to post resumes and does not screen or censor the listings
offered. The Company is not involved in the actual transaction between employers
and job seekers. 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 job seekers or
the ability of job seekers to fill job openings or any Content of User and makes
no representations about any jobs, resumes or Content of User on WIMB. |
||
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 who are not bonafide. The User assumes all
risks associated with dealing with other users with whom the User comes in
contact through WIMB. The User shall be cautious and use common sense when using
WIMB. |
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Because user authentication on the Internet is difficult, the
Company 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 of
participants on WIMB, in the event that the User has a dispute with one or more
Users, the Company will not be made liable or be a party to such dispute in any
manner. |
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WIMB and the Content of WIMB may contain inaccuracies or
typographical errors. While all caution is taken by the Company to update WIMB
regularly and periodically, the Company is not responsible for and makes no
representations about the accuracy, reliability, completeness, or timeliness of
WIMB or the Content of WIMB. The use of WIMB and the Content of WIMB is at the
User's own risk. |
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The User acknowledges and agrees that he is solely responsible
for the form, content and accuracy of any resume or material contained therein
placed by the User on WIMB. Employers are solely responsible for their postings
on WIMB. The Company is not to be considered to be an employer with respect to
use of WIMB and the Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on
WIMB. |
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The Company cannot guarantee and does not promise any specific
results from use of WIMB. No advice or information, whether oral or written,
obtained by a User from WIMB shall create any warranty not expressly stated
herein. |
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| 13. Disclaimer of Warranty | ||
The company does not warrant that WIMB will operate error-free
or that WIMB and its servers are free of computer viruses or other harmful
mechanisms. If your use of WIMB or the content of WIMB results in the need for
servicing or replacing equipment or data, the company is not responsible for
those costs. The company disclaims all warranties, whether express or implied,
including the warranty of merchantability, fitness for particular purpose and
non-infringement. |
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| 14. Disclaimer of Consequential Damages | ||
The company, its suppliers, or any third parties mentioned on
WIMB will not be liable for any damages resulting from the use or inability to
use WIMB and the content of WIMB (including, without limitation, incidental and
consequential damages, lost profits, or damages resulting from lost data or
business interruption), in any manner whatsoever. |
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| 15. Limitation of Liability | ||
The maximum liability of the Company arising out of or in
connection with WIMB or the use of the content of WIMB by the User, regardless
of the cause of action (whether in contract, tort, breach of warranty or
otherwise), will not exceed Rs. 1000/-. |
||
| 16. Links to Other Sites | ||
WIMB contain links to third party web sites. These links are
provided solely as a convenience to the User 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 the User decides to access linked third-party Web sites, he
does so at his own risk. |
||
| 17. No Resale or unauthorized commercial use | ||
The User agrees not to resell or assign his rights or
obligations under these Terms of Use. The User also agrees not to make any
unauthorized commercial use of WIMB. |
||
| 18. Indemnity | ||
The User agrees to defend, indemnify, and hold harmless the
Company, its affiliates, and their respective officers, directors, employees and
agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from (i)
any Content of User or other material the User provides to WIMB, (ii) The use of
any Content of WIMB by the User, or (iii) The breach of the terms of these Terms
of Use by the User. The Company shall provide notice to the User promptly of any
such claim, suit, or proceeding. |
||
| 19. General | ||
The Company makes no claims that the Content of WIMB may be
lawfully viewed or accessed outside of India. Access to the Content of WIMB may
not be legal by certain persons or in certain countries. If a User access WIMB
from outside India, he does so at his own risk and is responsible for compliance
with the laws of his jurisdiction. These Terms of Use are governed by the
internal substantive laws of the Republic of India, without respect to its
conflict of laws principles. Jurisdiction for any claims arising under this
agreement shall lie exclusively with the Courts in the city of Chennai, India.
If any provision of these Terms of Use 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 of Use, which shall
remain in full force and effect. No waiver of any term of these Terms of Use
shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in an additional agreement, additional terms of use
for areas of WIMB, a particular "Legal Notice," or Software License or material
on particular Web pages, these Terms of Use constitute the entire agreement
between the User and the Company with respect to the use of WIMB. No changes to
these Terms of Use shall be made except by a revised posting on this page. |
||
| 20. Additional Terms of Use | ||
Certain areas of WIMB are subject to additional terms of use.
By using such areas, or any part thereof, the User agrees to be bound by the
additional terms of use applicable to such areas. |
||
| 21. Term and Termination | ||
These Terms of Use will remain in full force and effect while
the User is accessing WIMB at any level. The Company reserves the right, at its
sole discretion, to pursue all of its legal remedies, including but not limited
to deletion of the Content of User from WIMB and immediate termination of
registration of User with WIMB or ability to access WIMB and/or any other
services provided to the User by the Company, upon any breach by the User of
these Terms of Use or if the Company is unable to verify or authenticate any
information submitted by the User to WIMB. Even after the User is no longer a
User of WIMB, certain provisions of these Terms of Use will remain in effect,
including clauses 2, 6, 8 through 19, inclusive. |
||
| WIMB LIVE CONNECT VIDEO SERVICE | ||
| Additional Terms of Use: | ||
| 1. Your acceptance of the additional terms of use - WIMB Live Connect Video Services | ||
1. Your access and/or use to this WIMB Video Service is subject
to these Additional Terms of Use besides the Terms of Use and Privacy Policy
enshrined and specified on the homepage of WIMB which are additional and
supplementary and are incorporated herein by reference. By accessing or using
this WIMB Video Service, the User agrees to be bound by these Additional Terms
of Use, the said Terms of Use and Privacy Policy, or any amendments thereof,
applicable laws, rules and regulations governing this website |
||
2.Please do not access and/or use this website if you do not
agree with any of the terms and conditions stated herein or under the said Terms
of Use and/ or Privacy Policy enshrined and specified on WIMB. You also hereby
agree and acknowledge that you are eligible and have contractual capacity to
access or use this WIMB Video Service and WIMB. The term "User" as used herein
refer to all individuals and/or entities accessing this web site for any reason
whatsoever. |
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| 2. Applicability wide and exhaustive | ||
These Additional Terms of Use shall apply to all the users of
WIMB, including, but not limited to, registered users on WIMB, contributors of
video content, information, and / or other materials on WIMB. WIMB may contain
links to third party websites that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. By using WIMB, you
expressly relieve and absolve the Company from any and all the liability arising
from the use of any third-party website. The Company also reserves its right to
decide the inclusion or non-inclusion or withdrawal of any video content at any
time in WIMB without giving any reason. |
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| 3. WIMB Product and Services | ||
WIMB Video Service specifically and only allows registered
users on WIMB who have a valid login ID at WIMB to upload video content related
to their resumes, profile, company profile and contents ancillary and incidental
thereto to be hosted by WIMB and to be configured by applicable Technology for
public display on WIMB and for the public posting, viewing and sharing of the
Video Content. The User expressly agrees and acknowledges that the video
contents included in WIMB Video Service will be accessible by the public at
large, and there is no confidentiality or privacy. |
||
| 4. Access & Usage Terms | ||
WIMB Video Service permits you to use these services as set
forth in this Terms of Service, provided that: |
||
| (i) | The use of the these services as permitted is solely for the
user |
|
| (ii) | he will not copy or distribute any part of the product and services of WIMB in
any medium without the Company's prior written permission; |
|
| (iii) | he
will not adulterate, manipulate, change, alter, amend or modify any part of the
WIMB Video content and comply with these terms and conditions and Privacy
Policy. While registering on WIMB, the user shall submit his accurate and
complete details and information and must keep his login ID and password secure
to prevent misuse and unauthorized use. In the event of any breach of security
or unauthorized use of login ID / Account, the user must notify the Company
immediately. The Company will not be liable for any loss caused by any
unauthorized use of login ID / Account. The User shall be liable to the Company
for the losses due to such unauthorized use. The User also agrees not to use any
automated system including but not limited to the use of "robots," "spiders,"
"offline readers," etc., that accesses WIMB in a manner that sends multiple
request messages to WIMB servers in a given period of time than a normal prudent
person can reasonably produce in the same period by using a convention on-line
web browser. The User also agrees not to store, collect or harvest any
personally identifiable information, including names, e mail ids, account names,
list of the recruiters and employers from the Website, nor to use the WIMB's e
mail, website for any commercial solicitation purposes. |
|
| 5. Live Connect Video Content submissions in WIMB website | ||
The Company permits the registered users of WIMB to submit
videos or other communications in WIMB and they agree and allow WIMB the
hosting, sharing, and/or publishing of such Submissions. The concerned
registered users of WIMB are solely responsible for their video content
Submissions and the consequences of posting or publishing them on WIMB. In this
regard, the concerned registered users of WIMB affirm, represent, and warrant
that they have the necessary licenses, rights, consents, and permissions to use
and authorize WIMB to use all patents, trademarks, trade secrets, copyright or
other proprietary rights in and to any and all Video content to enable inclusion
and use of the Video Content in the manner contemplated by the WIMB's Terms of
Use and Privacy Policy and these Additional Terms of Use. The concerned
registered users, jobseekers, recruiters, employers and other contributor of
Video Content on WIMB hereby agree not to include any Video Content that in any
manner whatsoever is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, pornographic, offensive, indecent, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable. The registered users and other contributor of Video
Content in WIMB hereby grant the Company a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the submitted
video content in connection with WIMB and its affiliates business, including
without limitation for promoting WIMB in any manner whatsoever. The concerned
registered users and other contributor of Video Content in WIMB also hereby
grant the Company a non-exclusive license to access their video content through
WIMB, and to use, reproduce, distribute, prepare derivative works of, display
and perform such Video content through WIMB and under these Additional Terms of
Use. The aforesaid license and permission granted by the User to the Company
terminates once the concerned registered users and other contributor of Video
Content in WIMB remove or delete their Video Content from WIMB. |
||
With respect to the video content submissions in WIMB, the
concerned registered users and other contributor of Video Content in WIMB also
further agree that they shall not submit any content that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights, unless they are the owner of such rights or have permission from their
rightful owner to post the content and to grant the Company all of the license
rights granted thereto and they also not publish false content or material that
may damage WIMB or any third party and also hereby agree not to submit material
that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct that
would be considered a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate; post advertisements or solicitations of
business, impersonate any third party. |
||
The Company does not verify the genuineness, accuracy or
otherwise endorse any Video content or any opinion, recommendation, or advice
expressed therein, and hereby expressly disclaims any and all liability with
respect to the video content inclusions in WIMB. The Company does not permit
copyright infringing activities and infringement of intellectual property rights
on WIMB, and reserves the right of deletion or removal of any video Content
without prior notice if it comes to the Company's knowledge or if it is notified
that such video content infringes and/or violates any third party's trademarks,
copyrights and / or any other intellectual property rights and the Company will
also terminate access to WIMB. The Company also reserves the right to decide
whether a particular video Content or material is appropriate and complies with
the Terms of use and Privacy Policy of WIMB and these Additional Terms of Use
for violations other than copyright infringement and violations of intellectual
property law including but not limited to, pornography, obscene or defamatory
material, or excessive length and shall delete or remove such Video Content
and/or terminate such violator's access to WIMB Website at any time, without any
prior notice at its sole discretion. The concerned registered users, jobseekers,
recruiters, employers and other contributors of Video Content in WIMB hereby
agree and acknowledge that they may be liable if their video content submissions
in WIMB are not genuine, inaccurate, offensive, indecent, or objectionable, and
they also agree to waive, and hereby do waive, any legal or equitable rights or
remedies they have or may have against the Company with respect thereto, and
agree to indemnify and hold the Company, its affiliates and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to
their video content submission in WIMB |
||
| 6. WIMB rights in Live Connect Video | ||
The Company reserves the right to sell, license and/or display
any advertising, promotional and distribution rights in connection with the
Video Content and other material submitted in WIMB and the Company will be
entitled to retain any and all revenue generated from any sales or licenses of
such advertising, promotional or distribution rights. Nothing in these
Additional Terms of Use obligates or may be deemed to obligate the Company to
sell, license or offer to sell or license any advertising, promotion or
distribution rights. |
||
| 7. Appropriate use of WIMB Live Video Services | ||
The video content, material and software on WIMB is the
property of the Company and protected by all Indian and international applicable
laws including but not limited to laws related to trade marks, copyrights and
other intellectual property rights. The User agrees not to copy, modify, alter,
reproduce, create derivative works, or display to the general public any of the
WIMB video content from WIMB. The User also agrees that he will not in any
manner whatsoever including by the use of any automated device or manual process
monitor or copy any of the video content from WIMB. Any use of the WIMB Video
Service that infringes or violates WIMB's Terms of Use and/or Privacy Policy
and/or WIMB's trade marks, copyrights and intellectual property rights will be
treated as a serious infringement and violation and investigated accordingly.
The Company shall have the right to take appropriate civil and / or criminal
action for such infringement and / or violations. |
||
| 8. Waiver of claims & indemnity provision | ||
The User hereby waives all claims against the Company and
agrees to indemnify and hold harmless its directors and employees from any and
all liability for claims, damages (actual and/or consequential), costs of
litigation or of any kind and nature, arising out of or in any way whatsoever
concerned with use of the WIMB Video Service and also arising out of User's
violation of any term of these Additional Terms of Use; the user's violation of
any third party right, including without limitation any copyright, property, or
privacy right; or any claim of video content submission causing damage to a
third party. |
||
| 9. Disclaimer | ||
The User agrees and acknowledges that use and access of the
WIMB video service and WIMB shall be at his own risk, responsibility and
consequences. To the fullest extent permitted by law, the Company, its officers,
directors, employees disclaim all warranties, express or implied, in connection
with the WIMB video service and use of WIMB. The Company makes no warranties or
representations about the accuracy or completeness of WIMB's content or the
content of any sites linked to WIMB and assumes no liability or responsibility
for any |
||
| (i) | errors, mistakes, or inaccuracies of
content, |
|
| (ii) | personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of WIMB video service and
WIMB |
|
| (iii) | any
unauthorized access to or use of WIMB servers and/or any and all personal
information and/or financial information stored therein, (iv) any interruption
or cessation of transmission to or from
WIMB, |
|
| (iv) | any bugs, viruses, trojan horses, or the like unauthorized tools or software
which may be transmitted to or through WIMB by any third party, and/or |
|
| (v) | any errors or omissions in any content or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available through WIMB. The Company does not warrant, endorse,
guarantee, or assume responsibility for any product or service advertised or
offered by a third party through WIMB or any associated or hyperlinked website
and the Company shall not be a party to or in any way be responsible or
accountable for monitoring any transaction between the User and third-party. |
|
| 10. Limitation of Liability | ||
The concerned registered users, jobseekers and other
contributor of video content in WIMB hereby agree and acknowledge that the
Company shall not be liable for their video content submissions or the
defamatory, offensive, or illegal conduct of any third party and the risk of
harm or damage from the same rests entirely with the User. |
||
In no event shall the Company, its officers, directors or
employees, be liable to the User for any direct, indirect, incidental, special,
punitive, or consequential damages whatsoever resulting from any |
||
| (i) | errors, mistakes, or inaccuracies of the video content, |
|
| (ii) | any unauthorized access to or use of WIMB secure servers and/or any and all
video content and/or personal information and/or financial information stored
therein, |
|
| (iii) | any interruption or cessation of transmission to or from WIMB, |
|
| (iv) | any bugs, viruses, trojan horses, or the like, which may be transmitted to or
through WIMB by any third party,
and/or |
|
| (v) | any errors or omissions in any content or for any loss or damage of any kind
incurred by User as a result of any content submitted, posted, emailed,
transmitted, or otherwise made available via WIMB, whether based on warranty,
contract, tort, or any other legal arrangement, and whether or not the Company
is advised of the possibility of such damages. The foregoing limitation of
liability shall apply to the fullest extent permitted by law in India and/or
international jurisdiction. |
|
| 11. Amendment of terms of use | ||
The Company shall have the right to amend, vary or modify the
Terms of Use, Privacy Policy of WIMB and these Additional Terms of Use governing
this WIMB Video Service at any time, without giving any prior notice to the User
and such amendment shall be effective immediately upon inclusion / posting of
such amendment on WIMB. |
||
| 12. Privacy Policy: | ||
| (a) | The Company discloses information
to its clients for the purposes of recruitments only or to third parties based
only on the User's consent to such disclosure. |
|
| (b) | The Company discloses information
to companies and individuals employed by the Company (credit card payments, Web
servers, Customer service providers etc) to perform functions on its behalf.
These companies or individuals will access Users' information only as necessary
to perform the functions, but they may not share that information with any third
party. |
|
| (c) | The Company will disclose any
information if legally bound or required to do so. |
|
| (d) | In the event that the Company's
business is acquired by a third party either in full or substantially,
information will be transferred to such third party on prior notice of
acquisition to the Users. |
|
WIMB Employer Features and Job Seeker Features are posted separately in
WIMB. |
||