Terms of Use
October 24, 2008
By accessing, viewing, downloading or otherwise using Jobshado or any webpage or feature available through Jobshado, any information provided as part of the Jobshado tools, or any related emails, newsletters or products (hereinafter collectively “Jobshado” or the “Services”), or by clicking “Sign Up” during the registration process, you conclude a legally binding agreement with Jobshado (“we”) based on the terms of this Jobshado User Agreement (“Agreement”). If you are using Jobshado Pages on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to conclude the Agreement, do NOT click “Sign Up” and do not access, view, download or otherwise use any Jobshado webpage, information or products.
You must comply with all applicable laws, the
Agreement, as may be amended, and the following terms, which are incorporated into this
Agreement:
-DOs and DON’Ts
-Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and
Content
-Other Notices
You do not have to submit anything to us, but if you choose to submit something (including any user generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding the Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other thirdparty rights. Jobshado exercises no control over any content you or others submit when using Jobshado. Note that we describe our current practices related to personally identifiable information collected through Jobshado in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.
You represent and warrant that you (a) are not under the age of 18 (and if a resident of British Columbia, Nova Scotia, New Brunswick, Newfoundland and Labrador, Yukon, Northwest Territories and Nunavut, not under the age of 19; (b) have not previously been suspended or removed from Jobshado; (c) are not a direct competitor of Jobshado; (d) do not have more than one Jobshado account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Jobshado, including, but not limited to, if the product contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the product and to use any part of the Service.
Keep your password confidential, do not use
other users’ accounts and do not let others use your account; you are responsible
for anything that happens through your account — until you notify us of a breach
(help@jobshado.com), close down your account or prove that your account
security was compromised due to a fault of our systems. You are prohibited from
selling, trading or otherwise transferring your Jobshado account or any information
therein to another party or charging anyone for access to any portion of Jobshado,
or any information therein.
You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Jobshado or (c) any activity in which you engage on or through Jobshado.
If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
On the condition that you comply with all
your obligations under the Agreement, we grant you a limited, revocable, non-exclusive,
non-assignable, non-sublicenseable right to access, through a generally available
web browser (but not any scraping, spidering, crawling or other technology or
specialist software used to harvest data) to view information that we provide on Jobshado
webpages as we intend such information to be used, and only in accordance with the
Agreement and any specific terms of use that we make available to you. You may submit
information to us at your own risk of loss. We grant you no other rights, implied
or otherwise.
The purpose of Jobshado is to provide a product to facilitate professional networking among users throughout the world. It is intended that users only connect to other users who they currently know and seek to further develop a professional relationship with those users. For as long as Jobshado continues to offer products and services, Jobshado shall provide (and seek to innovate, improve and expand, in similar and different new ways) the Jobshado platform and service with the purpose of providing all members with professional networking connectivity, through Jobshado’s proprietary tools, Jobshado may update, improve, discontinue and change rules or specified protocal at any time, at Jobshado’s sole discretion.Any other use of Jobshado (such as seeking to connect to someone a user does not know or to use Jobshado as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and a violation of this Agreement.We allow you to access Jobshado as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Jobshado, partially or entirely, or to charge and modify prices for Jobshado. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Jobshado and all related items. Jobshado also reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Jobshado has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services. Jobshado may include or automatically produce links to third party web sites (“Third Party Sites”). Jobshado is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources currently. Jobshado may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Jobshado and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Jobshado or relating to any applications you use or install from the site.Jobshado enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by Jobshado and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to Jobshado’s Privacy Policy. You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Jobshado, the Jobshado Affiliates, its users and the public. Jobshado may limit the number of connections you may have to other users and prohibit you from contacting other users through use of the Services. You are solely responsible for your interactions with other users. Jobshado reserves the right, but has no obligation, to monitor disputes between you and other users and to terminate your account if Jobshado determines, in its sole discretion, that doing so is prudent.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON JOBSHADO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR JOBSHADO AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY JOBSHADO OR ANYTHING RELATED TO JOBSHADO, YOU MAY LEAVE JOBSHADO AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH YOUR PREVIOUSLY STATED RIGHTS HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. JOBSHADO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH JOBSHADO TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.Neither Jobshado nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Jobshado Affiliates”) shall be liable for (1) any damages in Excess of 5 times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Jobshado even if Jobshado is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and not apply to any damage that Jobshado Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this agreement.
You may terminate the Agreement, for any or no cause, at any time, with notice to Jobshado which shall be effective upon Jobshado processing such notice. Jobshado may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by Jobshado or the party paying for such services. Termination of your Jobshado account includes disabling your access to Jobshado (including any content you submitted or others submitted) and may also bar you from any future use of Jobshado. In furtherance and without limiting the foregoing, Jobshado has adopted a policy of terminating, in appropriate circumstances and at Jobshado’s sole discretion, members who are deemed to be repeat infringers. Jobshado may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Upon termination, you lose access to Jobshado. The terms of this Agreement shall survive any termination, except the 2nd and 3rd sections hereof.
Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
As a condition to access Jobshado, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements; provide accurate information to us; review the Privacy Policy; review and comply with notices sent by Jobshado concerning Jobshado;
duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Jobshado (excluding content posted by you) except as permitted in the User Agreement; reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Jobshado, or any part thereof; include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature; utilize information, content or any data you view on and/or obtain from Jobshado to provide any service that is competitive, in Jobshado’s sole discretion, with Jobshado; imply or state, directly or indirectly, that you are affiliated with or endorsed by Jobshado unless you have entered in to a written agreement with Jobshado (this includes representing yourself as an accredited Jobshado trainer if you have not been certified by Jobshado as such); adapt, modify or create derivative works based on Jobshado or technology underlying the Services, or other users’ content, in whole or part; rent, lease, loan, trade, sell/re-sell access to Jobshado or any information therein, or the equivalent, in whole or part; deep-link to the Site for any purpose, (i.e. including a link to a Jobshado web page other than Jobshado’s home page) unless expressly authorized in writing by Jobshado or for the purpose of promoting your profile or a Group on Jobshado; access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site; use automated methods to add contacts, send messages or other permitted activities; access, via automated or manual means or processes, Jobshado for purposes of monitoring its availability, performance or functionality or for any competitive purpose; engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Jobshado’s website; attempt to or actually access Jobshado by any means other than through the interface provided by Jobshado; attempt to or actually override any security component included in or underlying Jobshado; engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; remove any copyright, trademark or other proprietary rights notices contained in or on Jobshado, including those of both Jobshado or any of its licensors; remove, cover or otherwise obscure any form of advertisement included as part of Jobshado; use any information obtained from Jobshado to harass, abuse or harm another person; collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Jobshado except as expressly permitted in the User Agreement or the owner of such information may expressly permit; interfere with or disrupt Jobshado, including but not limited to any servers or networks connected to Jobshado, or disobey any requirements, procedures, policies or regulations of networks connected to Jobshado; invite people with whom you have no prior relationship to join your network; upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo; use or attempt to use another's account without authorization from the Company, or create a false identity on Jobshado; infringe or use Jobshado’s brand, logos and/or trademarks, including, without limitation, using the word “Jobshado” in any business name, email, or URL or including Jobshado’s trademarks and logos on any website without authorization; upload, post, email, transmit or otherwise make available or initiate any content that: falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable; includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Jobshado; includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Jobshado invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Jobshado to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases. contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Jobshado or any user of Jobshado; forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).
E-Mail: terms@jobshado.com