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TERMS OF SERVICE
IMPORTANT-READ CAREFULLY:
This End-User License Agreement (the "Agreement") is a legal
agreement between You (either an individual or a single entity)
and Gold-Jobs.com, Inc. (hereafter "Gold-Jobs.com") for the Products (as
defined below). IF YOU DO NOT AGREE TO BE BOUND BY ANY AND ALL
OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY
OF THE Gold-Jobs.com PRODUCTS. Gold-Jobs.com reserves the right to
revise this Agreement at any time.
"Product" shall mean the object
code of the software program and the interface environment made
available to You and Your end users pursuant to this Agreement
for use via the World Wide Web and all Intellectual Property
pertaining thereof, including, the Gold-Jobs.com web site, the
servers, infrastructure, computer programs, software products
(including any third party software products), databases, files
and data either used to operate the Product or incorporated
therein, the system and processes, the documentation,
modifications and enhancements.
LICENSE AND OTHER SERVICES.
Gold-Jobs.com hereby grants to You, for the term of Your
Agreement, a non-exclusive, personal, non-transferable, non-sublicensable
worldwide license to access and use the Product in accordance
with its intended use written instructions and specifications ("Gold-Jobs.com
License").The Product is licensed to You, not sold, and
only licensed to You and not any third party. This Agreement
shall commence upon acceptance by You and shall continue for the
period agreed upon between You and Gold-Jobs.com, unless terminated
earlier by either party in the event of a material breach of
this Agreement by the other party that has not been cured, to
the first party's satisfaction, within thirty (30) days of a
written notice thereof by the non-breaching party.
You may utilize the Product solely on a single unified
resource locator address ("URLs"). However, in the event more
than one license has been acquired by You, multiple URLs are
permitted up to the number of licenses granted to You. Text To
Speech audio playback, available as an option within the Product
may be played back only within the Product and its derivative
works and may not be independently manipulated or copied. The
Products purchased online support up to 5 concurrent end users
at any given time.
Gold-Jobs.com shall provide technical support to You in the use
of the Product, during regular business hours (i.e. 9am-6.30pm,
EST). In addition, Gold-Jobs.com will provide You with an email
address for which You may send questions if the Product becomes
inoperable after business hours. Gold-Jobs.com shall respond to via
email to Your support request within a reasonable time-period.
RESTRICTIONS.
Other than the rights expressly licensed hereunder to You, no
other rights or interest whatsoever in the Product are granted
to You. Without limiting the foregoing, You may not: (i) use the
Product not in conformity with Gold-Jobs.com's written instructions
and specifications; (ii) reverse engineer or decompile, modify
or revise the Product or any part thereof, or create derivative
works thereof; (iii) provide or share the username and/or
passwords assigned to You with any third party; (iv) use the
Product to perform any illegal transfer of information (e.g.
transfer of files in violation of a copyright); (v) use the
Product for any unlawful purpose (including, without limitations
copyright infringement) or (vi) sell, rent, lease, sublicense or
otherwise transfer your rights under this Agreement.
Additionally, Products sold online may not support more than 5
concurrent users at any given time.
OWNERSHIP OF INTELLECTUAL PROPERTY.
Gold-Jobs.com owns and shall retain all rights, including
Intellectual Property, in and to the Product, including any new
version releases, updates, enhancements, modifications or
improvements made thereto. You acknowledge Gold-Jobs.com’s exclusive
rights in the Product and that the Product is unique and
original to Gold-Jobs.com and that Gold-Jobs.com is the owner thereof.
Gold-Jobs.com™, and other names,
logos are icons identifying Gold-Jobs.com and its products are
trademarks of Gold-Jobs.com. Except as expressly set forth herein,
no right, license, or interest to such trademarks are generated
or granted hereunder.
You shall not remove or alter any copyright notice, trademark
or other proprietary or restrictive notice or legend affixed to,
contained or included in, the Product and any material provided
by Gold-Jobs.com.
You shall cooperate fully with Gold-Jobs.com in protecting
Gold-Jobs.com's rights in the Product. Without limiting the
foregoing, You agree to notify Gold-Jobs.com promptly in the event
that You become aware of any infringement of such rights.
By using the Product, You understand, agree and authorize
Gold-Jobs.com to use screenshots of your implementation of the
Product as it appears on Your website in any way deemed
necessary in order to show how the Product is being implemented
by users, and for that purpose alone.
COPYRIGHT INFRINGEMENT POLICY.
Gold-Jobs.com is committed to protecting the rights of copyright
rightholders and seek to comply with all applicable laws and
regulations regarding the protection of intellectual property.
Unauthorized copying, distribution, modification, public display
or public performance of copyrighted works is a copyright
infringement, and Gold-Jobs.com will undertake appropriate steps
against copyright repeat offenders. Gold-Jobs.com will process any
notices of alleged copyright infringement and will take
appropriate actions under the U.S. Digital Millennium Copyright
Act (the "DMCA"). Upon receipt of notices complying with the
DMCA, Gold-Jobs.com will act expeditiously to remove or disable
access to any material claimed to be infringing or claimed to be
the subject of infringing activity and will act expeditiously to
remove or disable access to any reference or link to material or
activity that is claimed to be infringing. Notices of claimed
infringement should be directed to the Designated Agent by
mailing all required documentation to: Gold-Jobs.com, Ltd., PO Box 8138,
Cumnock, Ayrshire. Scotland. UK. KA18 4WA ATTN.: COPYRIGHT Administrator.
EXPORT RESTRICTIONS.
You agree that You will not export or re-export the Product
to any country, person, entity, or end user subject to UK
export restrictions.
NO WARRANTY.
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE PRODUCT, THE WEB-SITE AND OTHER MATERIALS
PROVIDED TO CLIENT UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS
IS" BASIS. Gold-Jobs.com DISCLAIMS ANY AND ALL WARRANTIES
RELATING TO THE PRODUCT AND OTHER MATERIALS, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
LIABILITIES AND INDEMNITIES
You recognize and agree that any information or content of
any kind, posted, uploaded, exported, emailed or otherwise
transmitted, by You via the Product, including without
limitation any business or personal information or third
parties' information (the "Client Information") is transmitted
at Your sole risk. You shall remain at all times solely
responsible for the full accuracy, reliability, integrity,
quality or validity of any statement or any other detail
contained in the Information. You are responsible to make sure
that the Information has been legally obtained and that Your use
of such information complies with the requirements of all
applicable laws. You further undertake not to transmit any
information in violation of any applicable law or regulation,
including without limitation, laws and regulations regarding
data protection, security or privacy laws; and not to act in any
way whatsoever, which was the effect or is likely to have the
effect of violating the privacy of any person or entity.
You shall indemnify and save harmless Gold-Jobs.com and its
directors, officers, employees, representatives and agents
("Related Parties") against all demands, claims, actions,
liabilities, losses, costs, damages or expenses whatsoever
(including reasonable attorneys' fees) ("Damages") asserted
against, imposed upon or incurred by Gold-Jobs.com and/or any of its
Related Parties resulting from or arising out of the use of any
Information, contents and output, including, without
limitations, infringement of third party's rights by such use or
by such Information.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST
PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, OR FOR
LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE OR
MALFUNCTION OR DOWNTIME, REGARDLESS OF WHETHER SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CUMULATIVE LIABILITY OF Gold-Jobs.com FOR ALL CLAIMS RELATING
TO THE PRODUCT OR THIS AGREEMENT, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE,
INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR
OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY
CLIENT UNDER THIS AGREEMENT.
PRESS RELATIONS.
You shall publicly credit Gold-Jobs.com as creator of the Product
by stating in press materials related thereto that the Product
is licensed from Gold-Jobs.com. In addition, You shall list the
Gold-Jobs.com boilerplate and media contact information supplied by
Gold-Jobs.com from time to time during the Term on all of its press
materials relating to the Product. Licensee shall also submit to
Gold-Jobs.com all press releases and formal press materials
mentioning the Product for prior review and written approval.
MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement between
the parties concerning the subject matter hereof; (b) This
Agreement shall be governed by the laws of the UK,
without giving effect to any principles of conflicts
of laws thereof, and the eligible courts of the UK,
shall have exclusive jurisdiction over all disputes between the
parties; (c) The parties hereto are and shall remain independent
contractors; (d) This Agreement represents the entire agreement
concerning the Product between You and Gold-Jobs.com, and it
supersedes any oral or written prior proposal, representation,
or understanding between the parties. |