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These Terms constitute a binding agreement between You and Jobmonitor Ltd Ireland or the Jobmonitor company operating the Web site for the country in which You live or in which business is headquartered (“Jobmonitor”), and
Jobmonitor may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Jobmonitor Sites suspended or terminated, at Jobmonitor’s discretion.
You must be 13 years of age or older to visit or use any Jobmonitor Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Jobmonitor Site under the supe
You may not use the Jobmonitor Content or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
1. Use of Jobmonitor Content.
Jobmonitor authorizes You, subject to these Terms, to access and use the Jobmonitor Sites and the Jobmonitor Content (as defined below) and to download and print a single copy of the content available on or from the Jobmoni
Any code that Jobmonitor creates to generate or display any Jobmonitor Content or the pages making up any Jobmonitor Site is also protected by Jobmonitor's copyright and You may not copy or adapt such code.
You agree not to sell or modify the Jobmonitor Content or reproduce, display, publicly perform, distribute, or otherwise use the Jobmonitor Content in any way for any public or commercial purpose, in connection with product
2. Use of the Jobmonitor Services.
The job posting, resume database (“Jobmonitor Resume Database”) and other features of the Jobmonitor Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permane
All Jobmonitor Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation Jobmonitor Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the co
(b) take any action that imposes an unreasonable or disproportionately large load on any Jobmonitor Site's infrastructure;
(c) use any device to navigate or search any Jobmonitor Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Jobmonitor;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any Jobmonitor Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper auth
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any Jobmonitor Site;
(h) aggregate, copy or duplicate in any manner any of the Jobmonitor Content or information available from any Jobmonitor Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any Jobmonitor Content or information available from any Jobmonitor Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any Jobmonitor Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any Jobmonitor Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be conta
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Jobmonitor Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to
(x) use the Jobmonitor Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, thre
Violations of system or network security may result in civil and/or criminal liability. Jobmonitor will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorit
3. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on Jobmonitor Sites. Jobmonitor is not to be considered to be an employer with respect to Your use of any Jobmonitor Site and Jobmonitor shall not be responsible for any e
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Jobmonitor, including saved resumes, network contacts, and email mailing list
In order to protect our Jobmonitor Users from commercial advertising or solicitation, Jobmonitor reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Jobmonitor deems ap
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Jobmonitor;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Jobmonitor’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Jobmonitor;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Jobmonitor job posting, Jobmonitor Networking, or Profiles to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibil
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order,
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e)post jobs or other advertisements for competitors of Jobmonitor or post jobs or other content that contains links to any site competitive with Jobmonitor;
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(j) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(k) post jobs on any Jobmonitor Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for jobs of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a particular political party, political agenda, political position or issue;
(o) promote a particular religion;
(p) post jobs located in countries subject to economic sanctions of the Ireland Government; and
(q) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) m
Jobmonitor reserves the right to remove any job posting or content from any Jobmonitor Site, which in the reasonable exercise of Jobmonitor’s discretion, does not comply with the above Terms, or if any content is posted tha
If at any time during Your use of the Jobmonitor Services, You made a misrepresentation of fact to Jobmonitor or otherwise misled Jobmonitor in regards to the nature of Your business activities, Jobmonitor will have grounds
Use of the Jobmonitor Resume Database by Employers
You shall use the Jobmonitor Resume Database as provided in these Terms and in any contract You have with Jobmonitor. You shall use the Jobmonitor Resume Database in accordance with all applicable privacy and data protectio
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Jobmonitor Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction
The Jobmonitor Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express co
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, Jobmonitor reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These lim
Use of TalentBin Profiles
You shall use the TalentBin services and TalentBin profiles as provided in these Terms, any contract You have with Jobmonitor, and the in accordance with the following:
aYou may only use the TalentBin services to identify candidates for possible recruitment and make initial contact with such candidates.
bYou may not use the TalentBin profiles as a factor in determining any consumer’s eligibility for employment, retention, or promotion.
cYou may not review the TalentBin profiles of persons employed by You or persons who have already expressed interest in employment with You outside of the TalentBin services.
4. Additional terms applicable to Job Seekers.
When You register with any Jobmonitor Site, You will be asked to create an account and provide Jobmonitor with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email add
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 Jobmonitor Sites.
Jobmonitor reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be ma
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Jobmonitor account or Your Jobmonitor account is terminated, all Your account information from Jobmonitor, includi
Jobmonitor reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Jobmonitor Site ("User
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably gra
Jobmonitor does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Jobmonitor endorse any opinions
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
•is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
•harasses, incites harassment or advocates harassment of any group or individual;
•involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
•promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
•promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available informa
•contains restricted or password only access pages, or hidden pages or images;
•displays or links to pornographic, indecent or sexually explicit material of any kind;
•provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
•provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing
•solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, ficti
You may not include, in any User Content submitted to Jobmonitor Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals s
Profiles derived from User Content may also be made available through the Jobmonitor Sites. Jobmonitor does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for
We appreciate hearing from our Users and welcome Your comments regarding our services and the Jobmonitor Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestion
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Jobmonitor Site and is accessible on such Jobmonitor Site in a way that constitutes copyright or trademark infringement, plea
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Jobmonitor respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public perfor
8. Jobmonitor's Liability.
The Jobmonitor Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job
Jobmonitor Networking provides a venue for individuals to network for professional and personal purposes and Jobmonitor does not screen or censor the Profiles or User Content on the Jobmonitor Sites. Jobmonitor is not invol
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other
Because User authentication on the Internet is difficult, Jobmonitor 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 behav
The Jobmonitor Sites and the Jobmonitor Content may contain inaccuracies or typographical errors. Jobmonitor makes no representations about the accuracy, reliability, completeness, or timeliness of any Jobmonitor Site or th
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 or her favor at the time o
Jobmonitor encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Jobmonitor be liable for the deletion, loss, or unauthorized modification of any User Content.Jobmonitor does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Jobmonitor Site, or any other representation, warranty or guaranty. Any
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Jobmonitor may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the con
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, Jobmonitor DOES NOT WARRANT THAT ANY Jobmonitor SITE OR ANY Jobmonitor SERVICES WILL OPERATE ERROR-FREE OR THAT ANY Jobmonitor SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHE
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL Jobmonitor, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY Jobmonitor SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND C
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, Jobmonitor'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Jobmonitor SITE OR YOUR USE OF THE Jobmonitor CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, T
12. Links to Other Sites.
The Jobmonitor Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Jobmonitor of the contents on such third-party Web sites. Jobmonitor is not r
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Jobmonitor Site.
You agree to defend, indemnify, and hold harmless Jobmonitor, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation rea
Jobmonitor makes no claims or representations that the Jobmonitor Content may be lawfully viewed or accessed outside of Ireland. Access to the Jobmonitor Content may not be legal by certain persons or in certain countries.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusiv
16. Additional Terms.
Certain areas of the Jobmonitor Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas. By using any areas of this website or
17. Mobile Services.
If You use the Jobmonitor Sites through a mobile device, You agree that information about Your use of the Jobmonitor Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your
By using any downloadable application to enable Your use of the Jobmonitor Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at down
18. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Jobmonitor Site. Jobmonitor reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal
Update effective March 2018
Summary of Changes – effective March 2018