Potential Employers
THE TERMS AND CONDITIONS SET FORTH BELOW SUPPLEMENT THE TERMS AND CONDITIONS OF THE SWAMIJOBS WEB SITE WITH RESPECT TO THE SWAMIJOBS JOB SITE SERVICE. THE SWAMIJOBS JOB SITE SERVICE IS OPERATED SEPARATELY FROM ALL OTHER SWAMIJOBS SITES AND SERVICES. YOUR USE OF THE SWAMIJOBS JOB SITE SERVICE IS CONDITIONED UPON YOUR AGREEMENT TO BE BOUND BY THE SWAMIJOBS TERMS AND CONDITIONS AS MODIFIED BY THESE SUPPLEMENTAL TERMS AND CONDITIONS.
You should read the general SWAMIJOBS Terms and Conditions (the "Terms and Conditions") and these supplemental terms and conditions (these "Supplemental Terms and Conditions") carefully. By clicking the "Agree" button, you affirmatively agree to abide by the Terms and Conditions and these Supplemental Terms and Conditions. Your affirmative acceptance is required to use the SWAMIJOBS Job Site Service (the "SWAMIJOBS Job Site Service"). As used below, the terms "You" and the "Employer" mean any potential employer placing any job posting on the SWAMIJOBS Job Site Service.
If you have subscribed to the SWAMIJOBS Job Site Service on an annual basis, you will also be bound by the Subscription Agreement - Business Terms agreement you signed ("Business Terms").
Any capitalized terms used but not defined herein have the meanings ascribed to them in the Terms and Conditions.
Payment
The SWAMIJOBS will bill you for the job postings you submit. All amounts owed are due within 30 days of receipt of the SWAMIJOBS invoice. Any amount not paid in full within the period indicated on the SWAMIJOBS invoice will be considered overdue and may incur overdue interest of 1.5% per month.
Use of Content
The SWAMIJOBS, or its licensors, own exclusively all content on the SWAMIJOBS Job Site Service including, but not limited to, graphics, logos, text, data, downloadable software, Your Content as defined below, page layout and look and feel of the web pages (the "Content"). The Content is protected under Indian copyright laws. Except for the license granted herein, your use of the SWAMIJOBS Job Site Service gives you no rights in the SWAMIJOBS’s or its licensors’ copyrights, trademarks, trade secrets or any other intellectual property rights.
The SWAMIJOBS grants to you a personal, non-transferable and non-exclusive right to access and use the Content for your use solely in connection with seeking qualified candidates for jobs with your organization. All use must be in accordance with the Terms and Conditions, these Supplemental Terms and Conditions and the Business Terms, if applicable. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity except as set forth in the Terms and Conditions, these Supplemental.
Terms and Conditions and the Business Terms.
You may not incorporate the Content into another database, search engine or networked computer environment of any kind. You may not access the Content by means of any automated processes, spiders, bots or similar devices. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through this site, or sell, assign, sub-license or otherwise transfer any right in such software.
By posting a job listing or by otherwise using the SWAMIJOBS Job Site Service, you grant to the SWAMIJOBS a royalty-free, perpetual, irrevocable, non-exclusive license and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, such job listings or other content you post on, or input into, the SWAMIJOBS Job Site Service (‘‘Your Content"). You also grant to the SWAMIJOBS a royalty-free, non-exclusive license to access, use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, job posting listings displayed on your own sites, by means of any automated processes (including spiders, bots and similar data-mining devices) used by the SWAMIJOBS or its agents, and in the case of annual subscriptions, throughout the term set forth in the Business Terms executed by you and accepted by the SWAMIJOBS. You warrant to the SWAMIJOBS that the holder of any rights, including any moral rights, in Your Content, has waived all such rights and has irrevocably granted to you the right to grant the licenses described above.
The SWAMIJOBS will terminate the accounts of any Employer, and block access to the SWAMIJOBS Job Site Service of any Employer, who are infringers of the copyrights, or other intellectual property rights, of the SWAMIJOBS and others. The SWAMIJOBS reserves the right to take these actions at any time, in its sole discretions, with or without notice, and without any liability to the Employer whose account is terminated or to the Employer whose access is denied.
Use of the SWAMIJOBS Job Site Service
You may only use the SWAMIJOBS Job Site Service to seek job candidates, as described above. You must not (a) use the SWAMIJOBS Job Site Service for any fraudulent, illegal, harassing or offensive activity including, but not limited to, the posting of sexually explicit material or content inappropriate for viewing by minors, or which is likely to offend or criticize any employee or group or portion of society, and (b) post any content where such posting constitutes the infringement or violation of any right of any third party. You agree not to engage in any activity that would impair the proper functioning of the SWAMIJOBS Job Site Service and it’s Content. Specifically, you agree not to post any false or misleading postings, interfere with or modify the postings or functioning of any site on the SWAMIJOBS Job Site Service, or engage in any activity to defeat any security or feature of the SWAMIJOBS Job Site Service. You may not post any franchise or other business opportunity that requires an initial or periodic payment, pays an insignificant salary or commissions only or requires recruitment of other members or sub-agents.
Disclaimer of Content
Your communications on the SWAMIJOBS Job Site Service are your responsibility. The SWAMIJOBS does not review or confirm the accuracy of any Content or postings on the SWAMIJOBS Job Site Service, but it reserves the right to review and reject any information it believes to be contrary to the Terms and Conditions, these Supplemental Terms and Conditions or the Business Terms. The SWAMIJOBS reserves the right to remove any Content, deactivate any account, or otherwise terminate access to the SWAMIJOBS Job Site Service for violation of any of the Terms and Conditions, these Supplemental Terms and Conditions or the Business Terms, or if otherwise compelled by court order. The SWAMIJOBS does not endorse or sponsor in any way the activities, products, services or policies of any person or company which posts information on, or which serves as part of, the SWAMIJOBS Job Site Service. The SWAMIJOBS accepts no responsibility for the accuracy or completeness of any Content posted, or the hiring practices or policies of employers.
User Data
The SWAMIJOBS seeks to maintain the confidentiality of information submitted to it by individuals seeking employment, as described in the SWAMIJOBS Privacy Policy and the SWAMIJOBS Job Site Supplemental Terms and Conditions – For Job Seekers, and you agree to abide by all such provisions.
Trademarks
SWAMIJOBS is a trademark or service mark of the SAIPL, the company. The SWAMIJOBS does not grant to you any rights under the Terms and Conditions or these Supplemental Terms and Conditions with respect to these trademarks or any other trademarks of the SWAMIJOBS.
Advertising
In an advertising campaign, the SWAMIJOBS arranges the media schedule and you will prepare the banner creative work. As part of its advertising services, the SWAMIJOBS offers advertising reports including impression summaries. "Impressions" are measures of the number of times a banner is displayed during a 30-day period from 12 midnight on the first day of such period to 12 midnight on the last day of such period. Actual impressions for any given 30-day period may vary. THE SWAMIJOBS MUST APPROVE ALL ADVERTISING CREATIVE WORK PRIOR TO BEING RUN ON SWAMIJOBS NETWORK SITES. Upon completion of the media scheduling and approval of the creative work, the SWAMIJOBS will commit advertising inventory, at which time the Employer will be responsible for all advertising charges. The SWAMIJOBS has the right to cancel any or all ad orders on 24 hours notice to the advertiser.
Advertising Billing
You will be billed for advertising services provided following each 30-day period the SWAMIJOBS runs your banner advertising.
Indemnification
You agree to promptly indemnify the SWAMIJOBS and its officers, directors, employees, members, agents and affiliates ("Associates") for all damages, liabilities, costs, charges and expenses, including reasonable legal and accounting fees ("Costs"), that the SWAMIJOBS or its Associates incur as a result of your breach of the Terms and Conditions, these Supplemental Terms and Conditions or the Business Terms and any Costs relating to the Content or in any way relating to your conduct with respect to the Job Site Service. The SWAMIJOBS shall provide to you timely notice of any claim, suit or proceeding which could give rise to an indemnification obligation hereunder.
Disclaimers
IN ADDITION TO THE OTHER PROVISIONS OF THE TERMS AND CONDITIONS FOR THE SITE, ALL DISCLAIMERS BY SWAMIJOBS SET FORTH IN THE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE SWAMIJOBS JOB SITE SERVICE.
Termination
These Supplemental Terms and Conditions are effective until terminated by either the SWAMIJOBS or you. If you no longer agree to be bound by these Supplemental Terms and Conditions, you must cease your use of the SWAMIJOBS Job Site Service. Subject to applicable law, the SWAMIJOBS reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the SWAMIJOBS Job Site Service with or without notice. You agree that any termination of your access to the SWAMIJOBS Job Site Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the SWAMIJOBS Job Site Service. Further, you agree that the SWAMIJOBS shall not be liable to you or any third party for any termination of your access to the SWAMIJOBS Job Site.
|