Terms of Use- Whereismyboss.com

   
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.
 
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 therefrom. 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.
 
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
 
(a) in violation of any applicable laws or regulations of India
 
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
 
(c) that is defamatory, obscene, threatening, abusive, hateful, harassing, libelous, vulgar, unlawful or illegal or otherwise objectionable.
 
 
Users are also prohibited from violating the security of WIMB, including, without limitation the following activities:
 
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
 
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
 
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to WIMB, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or
 
(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.
 
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 modelling or talent 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.
 
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;
 
(ii)involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
 
(iii)promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
 
(iv)promotes or endorses an illegal or unauthorized copy of another person's copyrighted work;
 
(v)contains restricted or password only access pages, or hidden pages or images;
 
(vi)displays or links to pornographic, indecent or sexually explicit material of any kind;
 
(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
 
(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.
 
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.
 
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.
 
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.
 
 
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.
 
 
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.
 
 
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.
 
 
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.
 
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.
 
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.
 
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.
 
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.
 
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, tortious, 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 trade marks, 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 unauthorised 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.