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InityJobs – 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 InityJobs Web Site and the Services (as each are defined below) provided by InityJobs . If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the InityJobs Web Site or Services. These Terms and Conditions are effective as of August 20, 2013.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by InityJobs, together with your Service Activation Agreement (if applicable), form a binding agreement (the “Agreement”) between you and InityJobs. Your access to or use of the InityJobs Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 “InityJobs” Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “InityJobs Web Site” or the “Site” (collectively, the “InityJobs Website” or the “Site”) means any web site under InityJobs’s control, whether partial or otherwise and includes such Site’s Content, Text, Graphics, Design, Programming, InityJobs Materials and Services (as applicable in each context).
3.3 “Content” includes all Text, Graphics, Design and Programming used on the Site.
3.4 “Design” includes the color combinations and the page layout of the Site. “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
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 Site, 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 InityJobs 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 Site, whether editorial, navigational, or instructional.
3.12 “User” refers to any individual or entity that uses any aspect of the Site.
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 Site and Services.
4.1 General Use Rules. The Site are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of InityJobs’s intended and acceptable use of the Site. InityJobs is the sole interpreter of the Site’s intended and acceptable use.
4.2 InityJobs Intellectual Property Rights. The Site, the InityJobs Materials and all right, title and interest in and to the Site and InityJobs Materials are the sole property of InityJobs or its licensors, and are protected by Indian and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, InityJobs 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 InityJobs 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 Site; (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 Site other than the search engine and search agents available from InityJobs on such InityJobs site 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 InityJobs site, without the express written consent of InityJobs. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The InityJobs Materials are not considered to be works for hire and you may duplicate such InityJobs Materials only for the purposes outlined in the Service Activation Agreement. “InityJobs,” “Personified”, the InityJobs design logo and certain other names or logos are service marks or trademarks ofInityJobs, and all related product and service names, design marks and slogans are the service marks or trademarks of InityJobs. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by InityJobs’s trademarks, service marks and copyrights. Any code that InityJobs creates to generate or display the Content or the pages making up the Site is also protected by InityJobs’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or InityJobs materials on any authorized copy you make of the Content or InityJobs Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. InityJobs hereby grants you a limited, terminable, non-exclusive right to access and use the Site 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 Site 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 Site is a privilege. InityJobs 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. InityJobs hereby grants you a limited, terminable, non-exclusive right to access and use the Site 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 Site solely for your personal use directly related to searching for and recruiting job prospects. InityJobs also grants you a limited, terminable, non-exclusive license to use the InityJobs 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 InityJobs to any third party without the express written authorization of InityJobs. 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. InityJobs reserves the right to suspend or terminate your access and use at any time if InityJobs 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 InityJobs a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
5. Third Party Providers. You acknowledge and agree that InityJobs may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between InityJobs and its Third Party Providers, InityJobs will have sole responsibility for handling all billing and contract negotiations.
15. Copyright Complaints.
15.1 If there is a complain about the content or job advertisements of a specific company or group, please send us an email, we will promptly respond and take the appropriate action then and there.InityJobs respects the intellectual property of others. It is InityJobs’s policy to respond to claims of copyright and other intellectual property infringement. InityJobs 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, InityJobs 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. InityJobs will terminate access for Users who are repeat infringers.
15.2 Notifying InityJobs of Copyright Infringement : To provide InityJobs otice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of support@InityJobs.com that sets forth the information specified by the DMCA . 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 InityJobs 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 InityJobs with a counter notification by written communication to the attention of “Trust and Site Security” at support@InityJobs.com that sets forth all of the necessary information required by the DMCA . 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.
You are solely responsible for your interactions with other Network Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users