These "Terms and Conditions" govern your use of New York Job Post. They
also provide notice of some of New York Job Post's policies. Please read
these carefully.
If you do not accept the Terms and Conditions stated here, do not use this
web site and service. By using this web site, you are indicating your acceptance
to be bound by these Terms and Conditions. New York Job Post may
revise these Terms and Conditions at any time at its sole discretion by
updating this posting. You should visit this page periodically to review
the Terms and Conditions, because they are binding on you. The terms "You"
and "User" as used herein refer to all individuals and/or entities accessing
this web site for any reason.
USE OF MATERIAL.
New York Job Post authorizes you to view and download a single copy of
the material on New York Job Post (the "Web Site") solely for your personal,
noncommercial use.
The contents of this Web Site, such as the "look" and "feel" of the Web
Site, text, graphics, images, logos, button icons, software and other "Material",
are protected under both United States and foreign copyright, trademark
and other laws. All Material is the property of New York Job Post or
its content suppliers or customers. The compilation (meaning the collection,
arrangement and assembly) of all content on this Web Site is the exclusive
property of New York Job Post and protected by U.S. and international
copyright laws. Unauthorized use of the Material may violate copyright,
trademark, patent and other laws. You must retain all copyright, trademark,
service mark and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or modify the Material
or reproduce, display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose. The use of the
Material on any other web site or in a networked computer environment for
any purpose is prohibited.
You shall not copy or adapt the HTML or other code that New York Job Post
creates to generate its pages. It is also protected by New York Job Post's
copyright.
ACCEPTABLE SITE USE.
General Rules: Users may not use the Web Site in order to transmit, distribute,
store or destroy material (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the patent, copyright, trademark, trade
secret or other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is harmful, defamatory,
libelous, vulgar, obscene, threatening, abusive, harassing, tortious, hateful
or otherwise objectionable.
STANDARDS FOR INTERNET CONDUCT/ACCEPTABLE SITE USE.
In connection with your use of the Web Site, you will not:
Post, transmit,
distribute, store, upload, or destroy material (i) in violation of any
applicable local, state, national, or international law or regulation,
or (ii) in a manner that will infringe the copyright, trademark, trade
secret, patent or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others.
Post or transmit
any message, information, data, text, software or images, or other materials
("Content") that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, vulgar, obscene, tortious otherwise objectionable
or that may invade another's right of privacy or publicity.
Impersonate any
person or entity, including without limitation a New York Job Post
employee or agent, an authorized user of New York Job Post's services,
a candidate, placement specialist or an employer, or otherwise misrepresent
your affiliation with any person or entity.
Post or transmit
any Content that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements or the resume of an individual other than
yourself).
Delete or modify
any material posted by any other person or entity not related to you.
Print out or otherwise
copy or use any personally identifiable information about candidates
for purposes other than consideration of the candidates for potential
employment by your company.
Communicate, send,
or place unsolicited e-mail, telephone calls, mailings or other contacts
to posting individuals and entities.
Register an e-mail
address that you do not own or for which you do not have the express
permission of the owner to register.
Violate or attempt
to violate the security of the Web Site, including, without limitation:
accessing data
not intended for such user or logging into a server or account that
the user is not authorized to access;
attempting to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization;
attempting to
interfere with service to any user, host or network, including, without
limitation, submitting a virus or corrupted data to the Web Site,
overloading, continuous posting of repetitive text, "flooding", "spamming",
"mailbombing" or "crashing";
sending unsolicited
advertising, promotional materials, e-mail, "junk mail", "chain letters",
or any other form of solicitation; or
forging any
TCP/IP packet header or any part of the header information in any
e-mail or posting.
Violations of system
or network security may result in civil or criminal liability. New York Job Post
will investigate occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting users who
are involved in such violations.
SPECIFIC PROHIBITED USES.
The Web Site may be used only for lawful purposes by individuals seeking
employment and career information and New York Job Post member companies
seeking to hire employees and manage relationships with their placement
vendors. New York Job Post specifically prohibits any use of the Web
Site, and all users agree not to use the Web Site, for any of the following:
Posting or transmitting
any unsolicited advertising, promotional materials, junk mail, "spam,"
chain letters or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise.
YOU MAY NOT SPAM
OUR MEMBER COMPANIES OR CANDIDATES WHOSE RESUMES APPEAR ON THE WEB SITE.
YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR
THAT JOB ON BEHALF OF YOURSELF. RECRUITERS AT A MEMBER COMPANY MAY NOT
USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER
COMPANY.
Posting any incomplete,
false or inaccurate biographical information or information which is
not your own accurate resume that you have posted for the purpose of
seeking job opportunities for yourself (living individual seeking employment
on a full-time or part-time basis on his or her own behalf). Recruiters
representing candidates may not send that candidate's resume in response
to a job posting.
Deleting or revising
any material posted by any other person or entity.
Using any device,
software or routine to interfere or attempt to interfere with the proper
working of this Web Site or any activity being conducted on this site.
Taking any action
that imposes an unreasonable or disproportionately large load on this
Web Site's infrastructure.
DISCLOSING TO
OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR
PASSWORD FOR ANY UNAUTHORIZED PURPOSE.
Notwithstanding
anything to the contrary contained herein, using or attempting to use
any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Web Site other than the search engine
and search agents available from New York Job Post on this Web Site
and other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
Aggregating, copying
or duplicating in any manner any of the materials or information available
from the Web Site.
Framing of or
linking to any of the materials or information available from the Web
Site.
USE OF SECURE AREA AND PASSWORD.
Use of any password-protected area of the web site is restricted to the
registered user who has been given permission and a password to enter such
area. This password cannot be distributed to others, and the registered
user is responsible for any and all damages to New York Job Post resulting
from the distribution of his or her password. You are responsible for maintaining
the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or not
authorized by you. You agree to immediately notify New York Job Post
of any unauthorized use of your registration or password.
USER INFORMATION.
In addition to the terms and conditions that may be set forth in any privacy
policy on this Web Site, you understand and agree that New York Job Post
may disclose to third parties, on an anonymous basis, certain aggregate
information resulting from information that you place on the Web Site. New York Job Post
reserves the right to offer third party services and products to you based
on the preferences that you identify; such offers may be made by New York Job Post
or by third parties. Please see New York Job Post's Privacy Policy for
further details regarding your information.
FINANCIAL ARRANGEMENTS.
In connection with your use of the employer management tools, New York Job Post
has not undertaken to act as the representative of either Placement Specialists
or Member Companies. New York Job Post will not act as an advocate of
any Placement Specialist in its dealings with Member Companies or candidates.
Placement Specialists are responsible for negotiating all financial arrangements
directly with Member Companies, and to seek all remedies and redress directly
from the Member Company in the event of any dispute with respect to the
placement of a candidate. Member Companies understand that when dealing
with Placement Specialists through the Web Site and the Agency Exchange
service, such member company will be responsible to such Placement Specialist
for the fees charged by such Placement Specialist in connection with such
placement.
USER SUBMISSIONS.
As a user, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not, and by using this Web
Site you agree not to, do the following things: post the resume of anyone
other than yourself, post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it;
delete any author attributions, legal notices or proprietary designation
or labels that you upload; post material that reveals trade secrets, unless
you own them or have the permission of the owner or otherwise post or transmit
any material that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships (such as material
protected by a nondisclosure agreement); post material that infringes on
any other intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any other
person or entity; post a sexually-explicit image or statement; post advertisements
or solicitations of business, post chain letters or pyramid schemes; impersonate
another person; or post material that contains viruses, corrupted data,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or information.
New York Job Post does not represent or guarantee the truthfulness, accuracy,
or reliability of communications posted by users or endorse any opinions
expressed by users. You acknowledge that any reliance on material posted
by other users will be at your own risk.
New York Job Post acts as a passive conduit for the online distribution
and publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions, New York Job Post
may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
New York Job Post has no liability or responsibility to users for performance
or nonperformance of such activities. New York Job Post reserves the
right to expel users and prevent their further access to the Web Site for
violating the Terms and Conditions or the law and the right to remove communications
which are abusive, illegal, or disruptive. New York Job Post may take
any action with respect to user-submitted information that it deems necessary
or appropriate in its sole discretion if it believes it may create liability
for New York Job Post or may cause New York Job Post to lose (in whole
or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site,
including message boards, forums, contests and chat rooms, you grant New York Job Post
and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including any moral rights)
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform and
display the content (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed,
for the full term of any rights that may exist in such content. You also
warrant that the holder of any rights, including moral rights in such content,
has completely and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above. You also permit
any subscriber to access, display, view, store and reproduce such content
for personal use. Subject to the foregoing, the owner of such content placed
on the Web Site retains any and all rights that may exist in such content.
By submitting information to the Web Site, you indicate that you agree to
the Terms and Conditions and have read and understand the New York Job Post
Privacy Policy. Your submission of information to the Web Site will constitute
your consent to the collection and use of this information and the transfer
of this information to the United States or other countries for processing
and storage by New York Job Post and its affiliates. You also agree to
receive required administrative and legal notices such as this electronically.
PAYMENTS.
By agreeing to these terms, all Employers, Members, and any other user of this website shall be held responsible for any payments due by their person, company, or account as a result of any purchases, invoices, or other situations requiring payment, regardless of any results provided by this site. All delinquent accounts will be turned over to our collection and credit reporting agency after 3 attempts to collect payment. If we turn delinquent accounts over to our collection and credit reporting agencies we will access a fee equal to the collection and credit reporting agency fee charged to us to collect this payment.
All payments made to New York Job Post and or affiliates are non-refundable.
LIABILITY.
New York Job Post is only a venue. This Web Site acts as a venue for
(i) companies to post job opportunities and to interact with their placement
vendors and (ii) for candidates to post their own resumes for the purpose
of evaluating job opportunities for themselves. New York Job Post does
not screen or censor the profiles or other information. New York Job Post
is not involved in the actual transaction between Member Companies and their
vendors or companies and candidates. As a result, New York Job Post has
no control over the quality, safety or legality of the jobs or profiles
posted, the truth or accuracy of the listings, the ability of companies
to offer job opportunities to candidates or the ability of candidates to
fill job openings. In addition, note that there are risks, including but
not limited to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses. You
assume all risks associated with dealing with other users with whom you
come in contact through the Web Site.
Because user authentication on the Internet is difficult, New York Job Post
cannot and does not confirm that each user is who they claim to be. Because
we do not and cannot be involved in user-to-user dealings or control the
behavior of participants on New York Job Post, in the event that you
have a dispute with one or more users, you release New York Job Post
(and our agents and employees) from claims, demands and damages (actual
and consequential, direct and indirect) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code Section 1542, which says: "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not, control the information
provided by other users that is made available through the Web Site. By
its very nature, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using this Web
Site.
The Material may contain inaccuracies or typographical errors. New York Job Post
makes no representations about the accuracy, reliability, completeness,
or timeliness of the Web Site or the Material. The use of the Web Site and
the Material is at your own risk. Changes are periodically made to the Web
Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any resume or material contained therein placed
by you on the Web Site. Companies are solely responsible for their postings
on the Web Site.
New York Job Post does not warrant or guarantee that a resume or job
posting will be viewed by any specific number of users, or that it will
be viewed by any user.
New York Job Post is not to be considered to be an employer with respect
to your use of the Web Site and New York Job Post shall not be responsible
for any employment decisions, for whatever reason made, made by any entity
posting jobs or candidate profiles on the Web Site.
New York Job Post DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, New York Job Post
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. New York Job Post, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
New York Job Post MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL New York Job Post, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT New York Job Post IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO OTHER SITES.
The Web Site contains links to third party web sites. These links are provided
solely as a convenience to you and not as an endorsement by New York Job Post
of the contents on such third-party Web sites. New York Job Post is not
responsible for the content of linked third-party sites and does not make
any representations regarding the content or accuracy of materials on such
third party Web sites. If you decide to access linked third party Web sites,
you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE.
You agree not to resell or assign your rights or obligations under these
Term and Conditions. You also agree not to make any unauthorized commercial
use of the Web Site.
LIMITATION OF LIABILITY.
The aggregate liability for New York Job Post to you for all claims arising
from the use of the Materials is limited to $100.
TERMINATION.
New York Job Post reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to deletion of your
information from this Web Site and immediate termination of your registration
with or ability to access the Web Site and/or any other service provided
to you by New York Job Post, upon any breach by you of these Terms and
Conditions or if New York Job Post is unable to verify or authenticate
any information you submit to the Web Site registration with or ability
to access the Web Site.
INDEMNITY.
You agree to defend, indemnify, and hold harmless New York Job Post,
its officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material or your breach
of the terms of these Terms and Conditions. New York Job Post shall provide
notice to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit or proceeding.
GENERAL. New York Job Post makes no claims that the Materials may be lawfully
viewed or downloaded outside of the United States. Access to the Materials
may not be legal by certain persons or in certain countries. If you access
the Web Site from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction. These
Terms and Conditions are governed by the internal substantive laws of the
State of Delaware, without respect to its conflict of laws principles.
Jurisdiction for any claims arising under this agreement shall lie exclusively
with the state or federal courts within Delaware. If any
provision of these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of these
Terms and Conditions shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in the Terms and Services,
additional terms of use for areas of the Web Site a particular "Legal Notice,"
or Software License or material on particular Web pages, these Terms and
Conditions constitute the entire agreement between you and New York Job Post
with respect to the use of Web Site. No changes to these Terms and Conditions
shall be made except by a revised posting on this page.
ADDITIONAL TERMS OF USE. Certain areas of this website (New York Job Post) are subject to
additional terms of use. By using such areas, or any part thereof, you agree
to be bound by the additional terms of use applicable to such areas.
NewYorkJobPost.com is operated by the National Career Network.
New York Job Post, NewYorkJobPost.com and National Career Network are trade names of Brightstone Media, Inc.
