These Terms include the JobSend Privacy Statement and the MyJobSend Premium Fee Policy, each of which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use JobSend.com and its services. By using JobSend.com, You agree to be bound by these Terms, including the JobSend Privacy Statement, and, if applicable, the MyJobSend Premium Fee Policy.
JobSend, Inc. ("JobSend") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing JobSend.com for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any JobSend Site (as defined below).
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use JobSend.com in any manner. By visiting JobSend.com or accepting these Terms, You represent and warrant to JobSend that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to JobSend that You will use JobSend.com in a manner consistent with any and all applicable laws and regulations.
2. Use of JobSend Content.
JobSend authorizes You to view and access a single copy of the content available on or from JobSend.com solely for your personal use. The contents of JobSend.com, and of all other Web sites under JobSend's control, whether partial or otherwise (JobSend.com and such other Web sites are sometimes collectively referred to as "JobSend Sites") such as text, graphics, images, logos, button icons, software and other JobSend content (collectively, "JobSend Content"), are protected under both United States and foreign copyright, trademark and other laws. All JobSend Content is the property of JobSend or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the JobSend Sites is the exclusive property of JobSend and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the JobSend Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original JobSend Content on any authorized copy You make of the JobSend Content.
You agree not to sell or modify the JobSend Content or reproduce, display, publicly perform, distribute, or otherwise use the JobSend Content in any way for any public or commercial purpose, in connection with products or services that are not those of JobSend.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JobSend or its licensors, that dilutes the strength of JobSend's or its licensor’s property, or that otherwise infringes JobSend's or its licensor’s intellectual property rights. You further agree to in no other way misuse JobSend Content that appears on this Site. The use of the JobSend Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that JobSend creates to generate or display any JobSend Content or the pages making up any JobSend Site is also protected by JobSend's copyright and you may not copy or adapt such code.
3. JobSend Site Restrictions.
Users may not use any JobSend Site in order to transmit, post, distribute, store or destroy material, including without limitation, JobSend Content, (a) in violation of any applicable law or regulation, (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 or hateful.
Users are also prohibited from violating or attempting to violate the security of any JobSend Site, 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 any JobSend Site, 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 may result in civil and/or criminal liability. JobSend 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.
In order to ensure a safe and effective experience for all of our customers, JobSend reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in JobSend’s sole discretion from time to time.
4. Specific Prohibited Uses.
The job posting, resume database (“JobSend Resume Database”) and other features of JobSend.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. JobSend Networking and Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
JobSend specifically prohibits any other use of JobSend.com, and all Users agree not to do any of the following: (a) post any jobs on any JobSend Site for any competitor of JobSend or post jobs or other content that contains links to any site competitive with JobSend; (b) post jobs or content on any JobSend Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any JobSend Site; (d) use any JobSend Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the JobSend Resume Database to sell or promote any products or services; (e) use JobSend Networking for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any JobSend Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any JobSend Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) 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 any JobSend Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any JobSend Site's infrastructure; (k) 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 any JobSend Site other than the search engine and search agents available from JobSend on such JobSend Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any JobSend Site; (m) aggregate, copy or duplicate in any manner any of the JobSend Content or information available from any JobSend Site, without express written consent from JobSend; or (n) frame or link to any JobSend Content or information available from any JobSend Site.
JobSend does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, JobSend 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 User Content. JobSend has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information.
When You register with any JobSend Site, You will be asked to create a MyJobSend Account or other account and provide JobSend with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with JobSend's Privacy Statement.
JobSend reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by JobSend or by third parties. Please see JobSend's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms, JobSend does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through JobSend.com or any other JobSend Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your MyJobSend Account, and that if you cancel your MyJobSend Account, all your account information from JobSend, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in JobSend's databases and will be removed from any public area of the JobSend Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through JobSend’s web servers. In addition, third parties may retain cached copies of your Information.
6. User Content and Submissions.
You are solely responsible for your MyJobSend Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any JobSend Site or transmit to other Users. You agree that in submitting User Content or otherwise using any JobSend Site that you will not impersonate any person, or submit any materials to JobSend that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
By posting User Content to any public area of any JobSend Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to JobSend and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or 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 You the right to grant, the license stated above. If you post User Content in any public area of any JobSend Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any JobSend Site retains any and all rights that may exist in such User Content.
JobSend acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, JobSend may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any JobSend Site. JobSend reserves the right to expel Users and prevent their further access to the JobSend Sites and/or use of JobSend services for violating the Terms or applicable laws, rules or regulations. JobSend may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for JobSend, damage JobSend’s brand or public image, or cause JobSend to lose (in whole or in part) the services of its ISPs or other suppliers.
JobSend does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the JobSend Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of any group or individual;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
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
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, providing or creating computer viruses or pirating any media; and
solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms, to include in any User Content submitted to JobSend Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.