Please read the following terms and conditions very carefully as your use of our JobsinArab website is subject to your acceptance of and compliance with these terms and conditions (thereafter the “Terms”).
1.1 JobsinArab.com, a website which is owned and operated by ibibo Web Private Limited (“Company”) currently offers services of an online job portal wherein Users can create their virtual resume/curriculum vitae for suitable openings in the available sectors. We may in our discretion add or delete any offered service(s) from time to time.
1.2By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms and conditions set out herein, including but not limited to any additional or amended terms or condition as applicable from time to time, regardless of how you subscribed to or use the services.
1.3 By using the services, you represent and warrant that (a) you are 18 years of age and (b) are competent to contract under the Saudi Arabian Contract Act, 1872. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age.
1.4 If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In the Terms:
- “Account” means your subscription account for use of our Service;
- “Company”: Is defined as ibibo Web Private Limited an existing Company under the Companies Act, 1956
- “Content” means any information, data, text, software, graphics, video, and applications;
- “JobsinArab.com” means the website which is owned and operated by ibibo Web Private Limited (“Company”), including any page, part or element thereof, which is located at JobsinArab.com (“Website”);
- “Services”: Means the Services to be provided by the Company to the User of the Website and shall include the provision of following facilities: Service to the User wishing to create their virtual resume or curriculum vitae for the purpose of seeking employment in the various job sectors detailed on the Website or Services to the User who can create their Company profiles and list the current openings in their Company with an aim to recruit and search for suitable candidates on our Website.
- “Service Charges” mean our charges for Services as determined by us from time to time.
- “Subscribe” means your act of subscribing to a Service in any way including (without limitation) in writing, through the Internet or by telephone, and subscription has a corresponding meaning;
- “Third Party Service” means any service or content, whether related or similar to our Services, which is provided by us in collaboration with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services;
- “Use” includes (without limitation) accessing, retrieving, downloading, logging on to, contributing to, or viewing a Service, and user has a corresponding meaning;
- “User”: Includes a job seeker or a Recruiter or any other person/entity who avails of any service of the Company, whether or not registered on the Website and includes his successors and permitted assignees.
- “User ID” means any username, password, number or email address allocated to you or created by you when subscribing to or using our Services;
- “User Rules” means our user rules set out in clause 26 below
- We, us and our means ibibo.com(and, unless the context indicates otherwise, its owners, employees, suppliers, Internet Service providers, agents and affiliates); and
- “You” means the user and subscriber to this Service.
- Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
3. Changes to Terms
- We may change any or all of the Terms including (without limitation) the Service Charges at any time without notice to you.
- Any changes will become effective from the date we publish them on the relevant websites.
You agree to check this website and the Terms regularly for changes.
- By continuing to use our Services after we make the changes, you agree to be bound by the changed Terms.
- If you do not accept the changed Terms, you must stop subscribing to the Service as provided for in clause 5 below, or stop using the Service
4. Commencement of Service and Duration
You are bound by the Terms:
4.1 From the earlier of the date on which you:
- accept the Terms;
- subscribe to a Service; or
- start using a Service; and
- for as long as you subscribe to or use a Service.
4.2If you have subscribed to a Service for a fixed term, the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.
4.3Services of the Website are available only to those individuals/organisations that can form legally binding contracts enforceable under applicable law.
5.1If you enter into an agreement with us for the use of a Service for a fixed term, you may not terminate that agreement before the end of the fixed term and any amounts paid by you for that term shall not be refunded.
5.2 If you do not subscribe to or use a Service for a fixed term, but you regularly make recurring payments under an agreement entered into with us, you may terminate the agreement relating to any individual Service by 30 (thirty) days’ advance written notice to us at sales@JobsinArab.com or at the address posted on our Website.
5.3Such notice will take effect on the first day of the month immediately following the end of the 30 (thirty) day notice period.
5.4 In all other cases, you may terminate this agreement by terminating your use of the Service.
5.5 The termination of the agreement will not affect any of our rights that:
5.5.1 arose before termination; or
5.5.2 by their nature survive termination.
5.6 We reserve the right to stop or suspend your Subscription should your Account become inactive. We will notify you of such intended action at your secondary email address, if available. Should we terminate your account on this basis, the email address associated with your Account may be given to another Subscriber.
- The Company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its Website or in any other mode.
7. Provision of Services
7.1.1 We will always endeavour to provide the Services to the best of our ability.
7.1.2 You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.
7.1.3 Under these circumstances then, we:
22.214.171.124 provide all Services “as is” and “as available”; and
126.96.36.199 do not warrant or guarantee that any Service:
188.8.131.52.1 is free of errors or interruptions and will conform with your timelines;
184.108.40.206.2 is always available and reliable;
220.127.116.11.3 is secure; although we take appropriate security measures against unauthorized access to or unauthorized alteration, disclosure or destruction of data;
18.104.22.168.4 is fit for any purpose; or
22.214.171.124.5 does not infringe any third party rights.
7.1.4 You furthermore acknowledge and accept that we do not encrypt any Content or communications from and to our Website, and that we also do not provide digital authentication of any page on the Website.
7.1.5. Company neither offers any guarantee nor warranties that there would be a satisfactory response or any response once the resume is uploaded on the Website or once the resume is sent to consultants.
7.1.6. The Company makes no warranty that the service shall meet User’s requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does the Company make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
7.1.7. There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services.
7.1.8.All information are accepted in good faith and the Company accepts no responsibility whatsoever regarding the bonafide of the User, nor can any interviews be granted or/and correspondence entered into regarding any information published.
7.2 Content and advertisements provided as part of a Service:
7.2.1 You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use.
7.2.2 We may periodically send promotional email(s) to you about services offered by our advertisers and ourselves.
7.2.3Where we publish or provide Content or advertisements as part of a Service:
126.96.36.199 we do not:
188.8.131.52.1 warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
184.108.40.206.2 endorse the Content or advertisements; and
220.127.116.11 you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.
7.2.4 Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising there from, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.
7.3 Third party goods, software and Services
7.3.1 In many cases, we provide services of third parties, or our Services in conjunction with that of third parties.
7.3.2 In those cases, the following conditions apply:
18.104.22.168 We provide such services subject to the terms, conditions and limitations imposed by those third parties.
22.214.171.124 If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the Services to you without notice. We may nevertheless endeavour to provide such a Service in another way or by using another third party.
126.96.36.199 To the extent that there is a conflict between the third party’s Terms and Conditions and these Terms, these Terms will prevail.
7.3.3 When you acquire goods, software or any other services from a third party through any of our Services, you understand and agree that:
188.8.131.52 we are not a party to the contract between you and the third party;
184.108.40.206 we are under no obligation to monitor the Third Party Service used by you;
220.127.116.11 the third party will be responsible for all obligations under the contract including (without limitation) delivery, warranties or guarantees;
18.104.22.168 you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and
22.214.171.124 you indemnify us against any damages (as defined in clause 13 below) howsoever arising from your acquisition and/or use of the goods, software or service.
7.3.4 We also reserve the right to reject or refuse any Third Party Service used by you in conjunction with our Service.
7.4 Suspension or termination of Services
7.4.1We may suspend, interrupt, change or end any Service or any part thereof at any time for any reason in our sole discretion without notice to you and without any liability to you.
7.4.2We may widely publicize changes to the Services that apply generally.
7.4.3 We may also give you notice of any interruption of a Service due to maintenance.
7.4.4 We also reserve the right to change the software and hardware which is required to gain access to the Site without prior notice to you.
7.4.5 We reserve the right to suspend or terminate services to you, including the right to remove/block the content(s) posted/uploaded by you, in the event, the content(s) violates any rules or guidelines of the Company.
Complaints regarding our Services may be lodged with us at by clicking on the “contact us” link on the Website
8. Service Charges and payment
Please note that, in order to subscribe to certain Services, or to procure certain goods or services from us, you are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to you every time when you proceed to transact.
8.1 Guidelines for use of pay Services
8.1.1 Check before you subscribe to or use a Service
8.1.1 Before you subscribe to or use a Service you will check the amount of the Service Charges, and determine how and when you must pay these charges.
8.1.2 By subscribing to or using a Service you:
126.96.36.199 agree to pay the Service Charges on the due date in the way specified, regardless of whether you use the Service or not; and
8.2 How you pay Service Charges
8.2.1 You will pay:
188.8.131.52 recurring Service Charges monthly in advance by debit order on the first day of each month; and
184.108.40.206 other Service Charges as specified in any Additional Terms.
8.2.2 We may implement a new, or change an existing debit order for the Service Charges due by you against the bank account you provided to us.
8.2.3If details of your bank account change, you will promptly provide us with the new details.
8.2.4 Unless stated otherwise in the Additional Terms or Service Terms, all Service Charges are payable in advance and are non-refundable.
8.3.1 If you fail to pay a debit order or other amount for any reason when due, we may:
220.127.116.11 suspend your subscription to or use of a Service;
18.104.22.168 terminate this agreement, and claim any amounts due to us; and/or
22.214.171.124 charge you interest at a rate of 2% above the prime overdraft rate of our bankers, as certified by any branch manager of such bank whose appointment, qualification and authority we will not need to prove, calculated from due date to date of actual payment, both days inclusive.
8.3.2 You will not:
126.96.36.199 withhold payment of any amount due to us by reason of any alleged breach of the Terms by us, or for any other reason; or
188.8.131.52apply set off in respect of any amount due to us.
8.3.3All amounts due and payable by you at any time will be determined and proved by a certificate signed by one of our directors or general managers, whose appointment, qualification and authority we need not prove.
8.3.4Such a certificate will be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence or any other judgment against you.
8.4 Value-added tax and other taxes
8.4.1If required by law, we may receive and claim payment from you in respect of any value-added tax or any other similar tax or levy imposed on the provision of the Services.
8.4.2 Unless stated otherwise, all Service Charges exclude value-added tax and other indirect taxes.
8.5 Reconnection Service charge
We may charge you an additional re-connection Service Charge if you request us to restore any Service, which was terminated, either at our instance or yours.
8.6 Changes to Service Charges
We may change the Service Charges from time to time as provided for in clause 3 above.
We may from time to time provide you with accounts, statements or invoices for amounts due to us.
9. Provision of equipment
9.1 You will at your own cost acquire and maintain such:
9.1.1 computer, telephone, hardware, software, communication lines; and
9.1.2network or Internet access, as may be necessary to Subscribe to or use our Services.
9. 2 You will ensure that your computer, telephone, other communications equipment and software are compatible with the Service concerned before Subscribing to or using the Service./p>
9.3 You will make regular copies or “backups” of your computer software and data.
10. Your information
10.1 When you subscribe to or start to use a Service, if requested by us, you will provide us with documentary evidence for your full names, identity number, residential and business or postal address, a certified copy of your identity document and, if you are a legal entity, a certified copy of your business letterhead.
10.2You warrant that all information about yourself that you supply to us at any time is genuine, true, authentic, current and complete.
10.3 You will inform us of any changes of information about yourself.
10.4 We may treat any misrepresentations by you as a fraudulent act unless you prove that the misrepresentation was unintentional.
11. User Ids
11.1Any username, password, number or email address allocated to you or created by you when subscribing to or using our Services (“user ID”) will entitle you to access the Services as long as you comply with the Terms.
11.2 Any user ID is personal to you.
11.3.1 are responsible for all payments, use of, or activity on a Service under your user ID;
11.3.2 will not use a Service at any one point in time more than once under the same user ID (for example, you will not do “multiple log-ins”);
11.3.3 are responsible for all payments, use of, or activity on a Service under your user ID;
11.3.4 are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your user ID; and
11.3.5 indemnify us against any claim howsoever arising from any use of your user ID by a third party or your breach of this clause 11.
11.4 While a user ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a user ID.
11.5You will also not retain any entitlements to your user ID once this agreement ends.
11.6 You will sign out from your Account at the end of each session.
12. Intellectual property
12.1 For purposes of this contract:
12.1.1 Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement;
12.1.2 downloads means any software, data, files or content retrieved, viewed or downloaded by you through your Subscription to or use of a Service.
12.2.1 We (or the appropriate third party) retain all Intellectual Property Rights to downloads.
12.2.2 You will not, unless with our express consent or that of the third party author:
184.108.40.206 sell or otherwise transfer any downloads to any third party;
220.127.116.11 appropriate the downloads in whole or in part for whatever purpose;
18.104.22.168 decompile or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
22.214.171.124 incorporate the downloads into any other Content for whatever purpose;
126.96.36.199 remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Service; or
188.8.131.52 frame any portion of the web pages that are part of the Service.
12.3.1 You may retrieve, store, cite or refer to or print Content from any of our websites for educational, research, non-commercial, private or personal use only as provided for under Saudi Arabian law.
12.3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.
12.3.3 You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.
12.3.4 You will comply with all national and international laws pertaining to Intellectual Property Rights.
12.4 Your content
12.4.1 You will retain ownership of any original content that you provide when using a Service, including any text, data, information, images, or any other material which you may upload, transmit or store when making use of our Service.
184.108.40.206 we own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and
220.127.116.11 with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium.
12.4.3 Should you be of the view that the Intellectual Property Rights in any of your works uploaded on the Service have been infringed or otherwise violated, please provide our Webmaster with the following information:
18.104.22.168 a description of the work, which you claim, has been infringed;
22.214.171.124 the location of the work on the JobsinArab.com site;
126.96.36.199 your contact details;
188.8.131.52 an affidavit deposed to by you stating that the work was used without your consent; and
184.108.40.206 written consent if an agent is acting on your behalf.
220.127.116.11 The level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that we will assist you under these circumstances.
13. Limitation of our liability
13.1 You subscribe to and use any Service at your own risk.
13.2 We are not liable to you or any third party for any damages suffered by you or a third party howsoever arising from your Subscription to, or use of, or reliance on a Service, including (without limitation) any damages suffered by you due to:
13.2.1 access to our Website or websites linked thereto;
13.2.2 any interruption of or error in the Service; including inability to access our Site or websites linked thereto;
13.2.3 inaccurate information or unreliable results;
13.2.4 use of any Content from our Site, including Content accessed from a link;
13.2.5our failure to fulfill our obligations as a result of uncontrollable events;
13.2.7 any other reason not directly attributable to our gross negligence. In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Company sites/services, with the delay or inability to use the Company sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Company sites/services, or otherwise arising out of the use of the Company sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages
13.3 If you suffer damages or are dissatisfied with a Service your only remedy is to stop using the Service as provided for in clause 5 above.
13.4 In this clause:
13.4.1 damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims, actions or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:
18.104.22.168 in contract, delict or otherwise;
22.214.171.124 direct, indirect, special or consequential;
126.96.36.199 foreseeable or not; and
188.8.131.52 we were advised of the damages in advance or not; and
13.4.2 uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.
You indemnify us against all liability, claims, damages, loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:
14.1your subscription to or use of a Service; or
14.2your breach of the Terms.
15. Transfer of rights and obligations
15.1 You may not cede, assign or otherwise transfer any of your entitlements or obligations under the Terms without our prior written consent.
15.2The use of our Service is personal to you and any entitlements acquired by you hereunder will terminate upon your death.
15.3We may cede, assign or otherwise transfer our rights or obligations under the Terms to any third party without your consent and without notice to you.
16.1 If you breach any of the Terms, then we may, without prejudice to any of our other rights and without notice to you:
16.1.1claim immediate payment of all outstanding amounts due to us;
16.1.2stop or suspend your use of any of the Services and/or
16.1.2terminate this agreement.
16.2We also reserve the right to claim damages from you or to institute legal proceedings against you, should the circumstances so require.
16.3 We may in any of these instances retain all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and legal costs.
16.4We will not be liable to you or any third party in any way for the termination of your Account.
17. Communication with you and advertising
You authorize us to:
17.1communicate with you from time to time about our Services including (without limitation) special offers, discounts, promotions, operational changes and/or new Services;
17.2 advertise on any Service in any format in our sole discretion.
18. Governing law
18.1 The Terms are governed by and construed under the laws of Saudi Arabia and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
The Courts of law in Saudi Arabia shall have exclusive jurisdiction over any disputes in relation to this agreement.
20. Priority of Terms
Save as expressly provided to the contrary in the Terms, any conflict in the provisions of the Terms will be resolved in accordance with the following order of priority:
20.1 These Terms;
20.2 The Additional Terms.
21. Whole agreement
21.1 The Terms constitute the whole of the agreement between us and you relating to the matters dealt with herein.
21.2 No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the Terms not incorporated therein will be binding on you or us.
21.3 Any change or addition to the Terms will only be valid if effected as provided for in clause 3 above.
22.1You select as your address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a Service.
22.2We may send you any notices (other than legal process) by email
22.3You will notify us of any change of address.
22.4 We select as our address for the purposes of receiving legal process and notices the address specified at our website.
23. No waiver
23.1 Any waiver, indulgence, relaxation or extension of any of the Terms will be effective only in the specific instance and for the purpose given.
23.2No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.
23.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.
24. Provisions are severable
24.1 Each provision of the Terms is severable from the other provisions.
24.2 If any provision is found to be invalid or unenforceable, the remainder of the agreement will remain enforceable.
25. Interception and monitoring
25.1 By subscribing to or using a Service, you agree that we may intercept and monitor any communication that you make or receive to the extent allowed by law or for the purpose of conducting our business and securing our systems.
26. User Rules
While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use.
We view our Service environment as a virtual community in which you interact with us, with other Subscribers and the Internet community at large.
Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.
26.1 Recruiter Rules:
These rules will apply to the Recruiter in addition to the general user rules as detailed in clause 26.3.
- We shall place the information relating to vacancies on the website in a manner that we may deem fit and proper, keeping in mind the requirements and limitations of our business.
- We reserve the right to reject any insertion or information/data provided by the recruiter without assigning any reason either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid for, may be refunded to the subscriber on a pro-rata basis at the sole discretion of the Company.
- By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify the Company against all claims, damages arising out of actions/claims that may be made in relation to the same.
- The Company has the right to make all such modifications/editing of the vacancy details in order to fit its database.
- All information intimated by the job seeker / recruiter and displayed on the website becomes public knowledge.
- The Company offers neither guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.
- The Company shall in no way be held liable for any information received by the recruiter and it shall be the sole responsibility of the recruiter to check, authenticate and verify the information/response received at its own cost and expense.
- The Company would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the subscriber, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond the Company’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
- The Company will commence providing services only upon receipt of amount/charges upfront either from the recruiter. The Company shall offer various “packages” on the website with validity periods. The Company shall have the right to change the payments terms and validity of these packages it its sole discretion.
- The recruiter shall be deemed to give an undertaking to the Company that the jobs sought to be advertised on the website are in existence, are genuine and that the recruiter has the authority to advertise for such jobs.
- The recruiter must give an undertaking to the Company that there will be no fee charged from any person who responds to jobs advertised on the website for processing of applications / responses from such person.
- The Company reserves its right to change the look, feel, design, prominence, and depiction etc. of the website at any time without assigning any reason and without giving any notice.
In these User Rules:
- Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which any kind of pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
- Destructive Code means any computer code which:
- is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”);
- would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code);
- would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “back door” or “trap door” codes); and
- any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations; “
- Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”;
- Misrepresentation includes (without limitation):
- actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
- impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
- altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
- forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities including, without limitation, the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
- Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our Communication Facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person’s consent;
- System Abuse means any conduct which does or may:
- damage, impair, overburden or disable any system of any person (including us) using our Services;
- interfere with any other person’s use of the Internet or of our Services;
- compromise or tamper with the security of our or any other person’s software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” ( e.g. “bots”, “fserv” or “script”), nuking and nuking tools (e.g.”7th Sphere”).
26.3 General rules
You agree that, when you use our Services, you will not:
- do anything which violates any of the Terms;
- Spam our Communication Facilities;
- make any Misrepresentation;
- post, upload or transmit any Abusive Content;
- Upload multiple resumes of the same User/Individual using same or different accounts, on the Website. Company reserves the right to remove any or all such resumes without further notice.
- Charge any fee from the Users whose data is available on the Website for processing job application of such person.
- make any claim, false representation/assertions such as “jobsearch.ibibo.com is our Labor Consultant”.
- replicate or store Abusive Content on any of our servers;
- do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalized text, the use of inflammatory or antagonistic criticism (“flaming”), or wastefully and unnecessarily including previous communications in any postings;
- commit Fraud;
- violate or infringe the Intellectual Property Rights, contractual or fiduciary rights, privacy or publicity rights of another;
- perform System Abuse;
- propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;
- read and act upon any communication which was not intended to be received by you or fail to delete such communication;
- gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;
- reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of: – our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or – the information or data contained in our Services;
- use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services;
- use any of our Services for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website, (If you want to make commercial use of our services, you are required to enter into an agreement with us);
- repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient;
- transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;
- access any of our Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;
- perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
- fail to comply with applicable domestic, national and international laws, rules and regulations;
- send automated queries to our System without our express prior consent, including (without limitation) meta-searches and performing off-line searches on our System;
- disrupt the normal flow of dialogue or negatively affect the ability of other users
- to engage in real time exchanges;
- help any third party to do any of the above.
26.4 Third party use rules when you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules. To the extent that there is a conflict between the third party’s rules of use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests.
27.5 Enforcement of User Rules Should we consider you to be in breach of any of the User Rules, and then we may, without prejudice to any other rights which we may have under these Terms or in law, to:
- give you a warning;
- without notice, stop or suspend your Subscription to or use of any or all Services; and/or
- disclose any of your Personal Information to persons affected by your conduct.
27. Service Terms
Please read the following Terms very carefully as they set out your entitlements and obligations when you use any of our Services.
27.1 Job site service
We provide job site services that allow you to upload your resume/curriculum vitae for jobs in the BPO/KPO sectors and the Company contacts you if we find an opening befitting your profile;
You may not use the Job site for the purpose of advertising or marketing any business, product or service.
Any content that you provide enters an open, public forum, and is not confidential. You should therefore be careful when deciding to share any of your personal information on the Website.
By disclosing personal information such as your name and email address, you acknowledge and understand that this information may be collected and used by other persons to communicate with you.
You may be held legally liable for the content that you provide on the site, for example, where you provide content that is:
- protected by copyright or trademark, without the permission of the author or the owner;
- pornographic; or
While we are under no obligation to monitor or moderate the contents on Website, we reserve the right to monitor or moderate the same at any time should we deem it necessary.
Accordingly, we have no knowledge or liability of the content. Nor do we condone, approve, endorse or support any content on the site.
You accordingly use the Service at your own risk and indemnify us against any liability, loss or damage resulting from the use of the Service.
However, if we are of the view that you are in breach of any of the Terms or the Service terms, we may, without notice to you:
- remove the offending content; or
- stop or suspend your use of the Job site and/or any other Service; or
- take any appropriate action against you.
28. Internet Search Service Terms
28.1 Content Linked to Search Service
Search Services allows you to access an index of sites that most closely resembles that search criteria inputted by you through the search site. The sites displayed as search results or linked to by search Services are maintained, developed and operated by third party providers over whom we exercise no control. The search results accessed through our indices are indexed through automated processes on computers, and it is not possible for us to screen any such site. As such, we cannot and do not screen the sites before including them in the indices from which such automated search results are gathered. A search using search services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by our search Services. The presence of these links does not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites.
28.2 Personal Use Only
You may use the Services on the Site for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use. You cannot distribute or transfer the copies to others in exchange for money or other consideration. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except for your personal non commercial use.
28.3 Disclaimer of Warranties
Search results: the web changes constantly and no searching or indexing techniques can possibly include all pages accessible on the web in its index of sites (the “index”). As a result, we do not and cannot guarantee that your search results will be complete or accurate or that the links associated with the index will be complete or accurate or active at the time of your search.
To the fullest extent permitted by law, we disclaim all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability, durability and fitness for a particular purpose, quality, satisfactory quality, title and non-infringement of proprietary rights) including without limitation, in reference to the services, index and all information, products and other content (including third party information, products and content) included in or accessible from the site.
28.4 Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable to you (or any third party making claims through you) for any loss or damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the Site, the services or the index, any computer-related damages due to downloading materials, typographical errors and/or omissions.
The limitations of liability and disclaimers herein shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches of contract or the failure of the essential purpose of this agreement or of an exclusive remedy.
28.5 Removal of sites from Index
We are sometimes asked to remove links from our search results pages. We address these requests on a case-by-case basis and in general, follow the guidelines below:
- We identify, index and catalog Web sites automatically with software, which means there is no advance review by human beings.
- Given the enormous volume of information added to and changed on the Web on a daily basis, we cannot operate in any other way. This means that we do not screen information posted to the Site.
- In general, we believe that people who make information available on the Web expect that it will be available publicly and indexed for distribution, much like we index information to make it available for our users. If you want to restrict access to your site, please let us know. If you do not let us know and take steps to prevent it, it is likely that our software will find it and index it again.
Jobsinarab, Inc. (“Jobsinarab” or “we”) operates Jobsinarab.com, which is a social networking platform that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Jobsinarab include any Jobsinarab-branded URL (the “Jobsinarab Website”), Jobsinarab messaging services (including, without limitation, instant messaging, private messaging, and email services), Jobsinarab music and video services, Jobsinarab developer services, Jobsinarab mobile services, and any other features, content, or applications offered from time to time by Jobsinarab in connection with Jobsinarab’s business (collectively, the “Jobsinarab Services”). The Jobsinarab Services are hosted in the United States.
Jobsinarab reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Jobsinarab Services. All material modifications will apply prospectively only. Your continued use of the Jobsinarab Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Jobsinarab Services immediately. You may receive a copy of this Agreement by contacting us at our Help site.
- 1. Eligibility. Use of the Jobsinarab Services and registration to be a Member for the Jobsinarab Services (“Membership”) is void where prohibited. By using the Jobsinarab Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Jobsinarab Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
- 2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Jobsinarab Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Jobsinarab may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Jobsinarab reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Jobsinarab Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Jobsinarab reserves the right, in its sole discretion, to reassign or rename your profile URL. Jobsinarab expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Jobsinarab Services if Jobsinarab determines, in its sole discretion, that you have violated this Agreement or pose a threat to Jobsinarab, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
- 3. Fees. You acknowledge that Jobsinarab reserves the right to charge for any portion of the Jobsinarab Services and to change its fees (if any) from time to time in its discretion. If Jobsinarab terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
- 4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Jobsinarab immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- 5. Use by Members. The Jobsinarab Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Jobsinarab. Jobsinarab reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Jobsinarab Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Jobsinarab Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Jobsinarab reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Jobsinarab Services.
- 6. Proprietary Rights in Content on Jobsinarab.
- 6.1 Jobsinarab does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the Jobsinarab Services. After posting your Content on, through or in connection with the Jobsinarab Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Jobsinarab Services, you hereby grant to Jobsinarab a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Jobsinarab Services, including, without limitation, through the Jobsinarab Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Jobsinarab account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Jobsinarab Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by Jobsinarab outside the Jobsinarab Services and Linked Services. This limited license does not grant Jobsinarab the right to sell or otherwise distribute your Content outside of the Jobsinarab Services or Linked Services. After you remove your Content from the Jobsinarab Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the Jobsinarab Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the Jobsinarab Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Jobsinarab Services, Jobsinarab is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
- 6.2 The license you grant to Jobsinarab is non-exclusive (meaning you are free to license your Content to anyone else in addition to Jobsinarab), fully-paid and royalty-free (meaning that Jobsinarab is not required to pay you or anyone else deriving rights from you for the use on the Jobsinarab Services of the Content that you post), sublicensable (so that Jobsinarab is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Jobsinarab Services), and worldwide (because the Internet and the Jobsinarab Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Jobsinarab Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the Jobsinarab Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Jobsinarab Services and/or Linked Services.
6.4 The Jobsinarab Services contain Content of Jobsinarab (“Jobsinarab Content”). Jobsinarab Content is protected by copyright, trademark, patent, trade secret and other laws, and Jobsinarab owns and retains all rights in the Jobsinarab Content and the Jobsinarab Services. Jobsinarab hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Jobsinarab Content (excluding any software code) solely for your personal use in connection with viewing the Jobsinarab Website and using the Jobsinarab Services.
6.5 The Jobsinarab Services contain Content of Users and other Jobsinarab licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Jobsinarab Services.
6.6 Jobsinarab performs technical functions necessary to offer the Jobsinarab Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Jobsinarab Services. In addition, you agree and acknowledge that Jobsinarab may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Jobsinarab Services. You can control what type of communications you receive from the Jobsinarab Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
6.7 Jobsinarab reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Jobsinarab Services.
7. Content Posted.
Please choose carefully the information that you post on, through or in connection with the Jobsinarab Services and that you provide to other Users. Your Jobsinarab profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Jobsinarab Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Jobsinarab assumes no responsibility or liability for this material. If you become aware of misuse of the Jobsinarab Services by any person or Linked Service, please click on the “Contact Jobsinarab” or the “Report Abuse” link at the bottom of the Jobsinarab Website pages.
7.1 Jobsinarab may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Jobsinarab violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Jobsinarab assumes no responsibility for monitoring the Jobsinarab Services for inappropriate Content or conduct. If at any time Jobsinarab chooses, in its sole discretion, to monitor the Jobsinarab Services, Jobsinarab nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on, through or in connection with any of the Jobsinarab Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Jobsinarab Services. Jobsinarab reserves the right to investigate and take appropriate legal action against anyone who, in Jobsinarab’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the Jobsinarab Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Jobsinarab:
8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- 8.5 solicits or is designed to solicit personal information from anyone under 18;
- 8.6 publicly posts information that poses or creates a privacy or security risk to any person;
- 8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- 8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- 8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- 8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- 8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- 8.13 involves commercial activities and/or sales without prior written consent from Jobsinarab such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- 8.14 includes a photograph or video of another person that you have posted without that person’s consent;
- 8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
- 8.16 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- The following are examples of the kind of activity that is illegal or prohibited on the Jobsinarab Website and through your use of the Jobsinarab Services. Jobsinarab reserves the right to investigate and take appropriate legal action against anyone who, in Jobsinarab’s sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sendingof viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Jobsinarab Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Jobsinarab reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Jobsinarab deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Jobsinarab Services, you acknowledge that you will have caused substantial harm to Jobsinarab, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Jobsinarab $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Jobsinarab Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Jobsinarab Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Jobsinarab Services other than your Content which you legally post on, through or in connection with the Jobsinarab Services;
- 8.22 providing or using “tracking” or monitoring functionality in connection with the Jobsinarab Services, including, without limitation, to identify other Users’ views, actions or other activities on the Jobsinarab Services;
- 8.23 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Jobsinarab page via HTML/CSS or any other means;
8.24 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
- 8.25 interfering with, disrupting, or creating an undue burden on the Jobsinarab Services or the networks or services connected to the Jobsinarab Services;
- 8.26 impersonating or attempting to impersonate Jobsinarab or a Jobsinarab employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
8.27 for band, comedy, filmmaker and other profiles containing a Jobsinarab player, copying the code for your Jobsinarab Player and embedding it (or directing others to embed it) anywhere other than in your band profile on Jobsinarab;
8.28 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.29 selling or otherwise transferring your profile, your email address or URL;
8.30 using or distributing any information obtained from the Jobsinarab Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.31 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Jobsinarab Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Jobsinarab, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;
8.32 relaying email from a third party’s mail servers without the permission of that third party;
8.33 using invalid or forged headers to disguise the origin of any Content transmitted to or through Jobsinarab’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
8.34 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Jobsinarab Website for the purposes of sending unsolicited or unauthorized material;
8.35 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
8.36 using the Jobsinarab Services in a manner inconsistent with any and all Applicable Law.
- 9. Protecting Copyrights and Other Intellectual Property. Jobsinarab respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Jobsinarab’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
- If you believe your work has been copied and posted on or through the Jobsinarab Services in a way that constitutes copyright infringement, please send Jobsinarab’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Jobsinarab Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Jobsinarab’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Jobsinarab, Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 861-8428; Phone: (310) 969-2887 (310) 969-2887; Attn: Copyright Agent. Jobsinarab’s Copyright Agent for notification of claimed infringement can also be reached electronically at copyrightagent@support.Jobsinarab.com. Jobsinarab provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact Jobsinarab’s Copyright Agent at the email address listed.
- 10. Third Party Linked Services. Linked Services created by third party developers may be available on, through or in connection with the Jobsinarab Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Jobsinarab profile or shared with other Users on the Jobsinarab Services or which may link to your Jobsinarab account from outside of the Jobsinarab Services. Linked Services may use your Jobsinarab profile information, friends and/or other profile content on the Linked Service and share activity events between Jobsinarab and the Linked Service (depending on the features the Linked Service chooses to make available).
- 11. Member Disputes. You are solely responsible for your interactions with other Jobsinarab Users, third party developers or any other parties with whom you interact through the Jobsinarab Services and/or Linked Services. Jobsinarab reserves the right, but has no obligation, to become involved in any way with these disputes.
- 13. Disclaimers. Jobsinarab is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Jobsinarab Services or Linked Services, by Users of the Jobsinarab Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Jobsinarab. In addition, Jobsinarab is not responsible for any damage, injury or loss caused by Users of the Jobsinarab Services or by any of the equipment or programming associated with or utilized in the Jobsinarab Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the Jobsinarab Services may contain links to other websites or services. Jobsinarab is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Jobsinarab. Inclusion of any linked website or service on the Jobsinarab Services does not imply approval or endorsement of the linked website or service by Jobsinarab. When you access these third party sites and services, you do so at your own risk. Jobsinarab takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Jobsinarab Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Jobsinarab is not responsible for the conduct, whether online or offline, of any User of the Jobsinarab Services or Linked Services. Jobsinarab assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Jobsinarab is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Jobsinarab Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Jobsinarab Services or Linked Services. Under no circumstances shall Jobsinarab be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Jobsinarab Services or Linked Services, attendance at a Jobsinarab event, from any User Content posted on or through the Jobsinarab Services or Linked Services, or from the conduct of any Users of the Jobsinarab Services, whether online or offline. The Jobsinarab Services and Linked Services are provided “AS-IS” and as available and Jobsinarab expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Jobsinarab cannot guarantee and does not promise any specific results from use of the Jobsinarab Services or Linked Services.
- 14. Limitation on Liability. IN NO EVENT SHALL JOBSINARAB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE JOBSINARAB SERVICES OR LINKED SERVICES, EVEN IF JOBSINARAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JOBSINARAB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JOBSINARAB FOR THE JOBSINARAB SERVICES DURING THE TERM OF MEMBERSHIP.
- 15. U.S. Export Controls. Software available in connection with the Jobsinarab Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Jobsinarab Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- 16. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Jobsinarab agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Jobsinarab Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- 17. Indemnity. You agree to indemnify and hold Jobsinarab, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Jobsinarab Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Jobsinarab Services.
- 18. Other. This Agreement is accepted upon your use of the Jobsinarab Website or any of the Jobsinarab Services and is further affirmed by you becoming a Member. Your agreement with Jobsinarab will always include this Agreement at a minimum. Your access and use of certain Jobsinarab Services will require you to accept additional terms and conditions applicable to such certain Jobsinarab Services, in addition to this Agreement, and may require you to download Software or Content. The failure of Jobsinarab to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Jobsinarab is a trademark of Jobsinarab, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- To contact us regarding any questions about this Agreement, please use the Contact Jobsinarab form on our
Users who are employers
The Company hereby grants you a terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This grants you the right to download a unique copy of the material solely for the purpose of searching and recruiting job prospects. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Resume Database) provided by The Company to any third party without the express written authorization of The Company. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. The Company reserves the right to suspend or terminate your access and use at any time if The Company determines that you are in breach of any of these Terms and Conditions.
(a) The Company agrees to permit You a limited, personal, terminable, non-transferable, non-
exclusive right to access the Company Resume Database via the Site for the purpose of
viewing and/or downloading a single copy of available paper and/or video resumes
(collectively “Resumes”) solely for Your use.
(b) The Resume Database is to be accessed and used solely by you. Upon your successful
registration for Resume Database subscription, you will be provided with a unique password
that will permit you to access the Resume Database. You may not provide Your password
or otherwise permit access to the Resume Database to any third party.
(c) You may not use the Resume Database in any way which, in The Company’s sole judgment,
adversely affects The Company’s business, business prospects, the performance or function
of the Site or the Resume Database, or interferes with the ability, of other subscribers to
access the Resume Database.
(d) The Company may terminate, suspend, update, alter or supplement, at its sole discretion, all
or any part of the Resume Database at any time. By permitting access to the Company
Resume Database, The Company does not convey any interest in or to the Resume
Database or any other Company’s property or services. All right, title and interest in and to
The Resume Database is and shall remain in The Company.
- This Agreement shall commence as of the date you click “accept and submit”, agreeing to be bound by the terms of this Agreement (the “Effective Date”) and shall continue for the duration of the Subscription Period selected and prepaid in full by You (“Subscription Period”), unless terminated earlier by The Company as provided herein. You may not cancel this Agreement for any reason during the Subscription Period.
(f) THE RESUME DATABASE SUBSCRIPTION AND USE OF THE COMPANY RESUME DATABASE ARE PROVIDED “AS IS”. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE RESUME DATABASE. THE COMPANY RESUME DATABASE IS GIVEN OR ASSUMED BY THE COMPANY OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE RESUMES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE COMPANY RESUME DATABASE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE RESUME DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU.