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WEBSITE ACCESS, TERMS OF USE AND AGREEMENTS
This page states the terms and conditions under which you may use www.talentmobile.com (the "website") including but not limited to the information, text, images links, sound, graphics and video sequences displayed herein (the "Materials"). Please read it carefully. By accessing this website and any pages thereof, you agree to be bound by this agreement.
Talentmobile.com website is owned and operated by Emarket Enterprise. For legal purposes and for your convenience, names Talentmobile.com. By visiting the Web Site or accepting these Terms of Use and Agreement, you represent and warrant to the Company that you have the right, authority and capacity to use the Web Site and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Web Site in a manner consistent with any and all applicable laws and regulations.
The Website also adopted the search and crawl technology. Find jobs listing from company websites, recruitment agencies, jobs classified, newspaper, magazines, other available sources, adding to the jobs listing. Helping you to search for your dream job at one location.
Active jobseeker, upload your resume/cv onto the resume databank, allowing it to be searched by potential employer.
GENERAL INFORMATION
If you are a user of either the Find a Job ("Find a Job") or browse ("Browse") sections of the Website then Job Seeker Terms apply to you and are incorporated into the Terms (as defined in our Website Access Terms And Agreements).
Allow users to browse jobs that appear on the Website by sector, location or keyword.
Find a Job, users able to access the following parts of the Website: (a) Advanced Job Search; (b) Search by Company; (c) Post Resume/CV; and (d) Jobs by Email.
If you are a user of the Recruiter/Employer section of the Website (“Employer”) then these Additional Recruiter Terms apply to you and are incorporated into the Terms (as defined in our Website Access Terms and Agreements).
The Recruiter/Employer section of the Website allows access to services including without limitation Advertising Options, Post a Job and Search Resumes ("Recruiter/Employer Services").
You need to have an account with us in order to use any of the Recruiter/Employer Services. This will either be created through our Account management team or if you are purchasing job adverts through the Employer Plans section of the website you will be asked to register as part of this process.
If you register for any of the Recruiter/Employer Services you agree to ensure that your details provided on registration are true and not in any respect inaccurate, misleading, deceptive or likely to mislead or deceive. You agree to notify us immediately of any changes which are relevant to your registration by informing us on +65 6728 5638 or email cs@talentmobile.com
If you register to use any of the job Seeker/Recruiter/Employer Services you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
REGISTRATION AND PASSWORD
You are solely responsible for maintaining the confidentiality of your account access information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the Talentmobile.com account and Services. You agree to immediately notify the Company of any unauthorised use of your registration or password.
YOUR OBLIGATIONS AND USE OF THE WEBSITE
You agree and solely responsible for the form, content and accuracy of any content (including without limitation any Resume) submitted by you to the Website and all legal consequences arising therefrom;
You will submit content (including without limitation Resumes) that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive;
You will make any content (including without limitation any Resume) submitted to the Website inactive by clicking the appropriate box on the "Create/edit Resume" screen when you are unavailable for employment;
You will not upload, transmit or otherwise disseminate through the Website: (a) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (b) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or needless anxiety, or have the effect of being harassing, threatening, abusive or hateful or that may otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or (c) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner to post it), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
You will not use the Website in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired, including, without limitation, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”;
You will not send unsolicited e-mail, including promotions or advertising of products or services; or
You will not access or attempt to access any part of the Website that you are not authorised to access and you will not penetrate or attempt to penetrate Website security measures.
INTELLECTUAL PROPERTY
You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
COPYRIGHT
The contents of this web site, such as text, graphics, images and other materials are protected by copyright. No part or parts of the website may be reproduced, distributed adapted, modified, republished, displayed, broadcast, hyperlinked, framed or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Talentmobile.com.
You may however download and print the Materials on this website for personal, non-commercial use provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials.
You may not, without the prior written permission of Talentmobile.com, insert a hyperlink to this website on any other website or "mirror" any Material contained on this website or any other server.
TRADEMARK
The trademarks, service marks and logo (the “Trade Marks”) used and displayed on this website are registered and unregistered Trade Marks of Talentmobile.com or its licensors. Nothing on this website should be construed as granting any license or right to use any of the Trade Marks displayed on this website, without the written permission of Talentmobile.com. Talentmobile.com prohibits the use of the Trade Marks as a HTML link to any of our websites without the prior approval of Talentmobile.com.
PUBLICITY
You shall not without our prior consent claim any association with us or use our name, mark or logo or otherwise refer to us or our services or publish any information in connection with any Job Advertisement or Branding which has been published or is scheduled for publication.
USER INFORMATION
By submitting information, text, photos, graphics or other content to us via the Website, you grant us a right to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website
Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, the Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.
USER SUBMISSIONS
The Company 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.
EXPRESS CONSENT AND ACKNOWLEDGEMENT
You acknowledge, consent and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by employers, recruiters, hiring managers, headhunters, and human resource professionals (the "Employers") who pay for access to our resume database. The Company is not responsible for the use made of resumes by Employers who accessed your resume whilst it resides in our database. You acknowledge that when your resume is displayed in our database, personal information present within your resume (such as your email address), can be collected and used by parties other than the Employers. This may result in unsolicited messages from third parties for which the Company is not responsible. The Company will attempt to limit access to our resume database to the Employers, but cannot guarantee that other parties will not gain access to this database. You may remove your resume from the Web Site at any time, but the Employers who have gained access to our database may have retained a copy of your resume in their own files or databases. The Company is not responsible for the retention, use or privacy of resumes or profiles in these instances.
You acknowledge, consent and agree that recruiter/job search agents will be automatically created when you register on the Web Site. Recruiter/Job search agents will automatically email you job opportunities based on pre-selected search criteria. Your recruiter/job search agent will search daily for new open positions that match your criteria. You can choose to have those search results emailed to you on a daily, weekly or monthly basis. In addition, you may change the search criteria of your job agent at any time. In relation to the aforementioned, you agree that the Company may use your personal information to contact you and deliver information relating to the recruiter/job search agent's search results to you, or provide administrative notices or communications applicable to your use of the Web Site.
You acknowledge, consent and agree that the Company can disclose your resume and contact details ("Personal Information") to prospective Employers who purchased the Company's job posting packs in order to seek qualified candidates. The Company uses data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities made available through such job postings.
In the event that you are an Employer posting job opportunities on the Web Site, you acknowledge and agree that you will use the candidates' Personal Information disclosed to you by the Company pursuant to your purchase of the Company's job posting packs for recruitment purposes only and will not disseminate such Personal Information to any third party or use such Personal Information for any other purposes.
LINKS TO OTHER SITES OR THIRD PARTY WEB SITES
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 the Company of the contents on such third-party Web sites. The Company 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.
CHILDREN
We do not specifically collect information about children. We believe that children under the age of 18, should get their parents’ consent before giving out personal information. If you are concerned about your child’s use of Talentmobile, we encourage you to use Web filtering technology to supervise your child’s access to the Web Site. We also encourage you to participate in your child’s experience with Talentmobile. With a little guidance, the Web Site can prove very useful in finding a part time or vacation job for your child, as well as providing them with excellent career counselling information.
FEEDBACK
Talentmobile has areas on the Web Site where you can submit feedback. Any feedback that is submitted through this area becomes the property of Talentmobile. We may use this feedback at any time for any purposes, such as success stories for marketing purposes, or to contact you for further feedback on the Web Site.
MOBILE SERVICES
Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your TalentMobile account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
PRIVACY
At Talentmonile.com our principal concern is the responsible use of information that users and clients share and disclose to us. Talentmobile.com’s commitment towards confidentiality and privacy at all times is clearly articulated in our Privacy Policy. As stated in the policy, your data as a jobseeker will be released to employers when you apply to their job. Please be advised that some employers might undertake to perform a pre-employment background check on you based on your application and/or interview. By applying for the position, you are deemed to have consented to such a pre-employment background check being undertaken with no further notice or consent required. By using this site and providing information as a registered user, you are in agreement with our privacy policy.
TERMS AND TERMINATION
These Terms of Use will remain in full force and effect while you are a user of the Web Site at any level. The Company reserves the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of your User Content from the Web Site and immediate termination of your registration with or ability to access the Web Site any/or any other services provided to you by the Company, upon breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Web Site. Even after you are no longer a user of the Web Site, certain provisions of these Terms of Use will remain in effect, including sections on "Use of Material" and "User Submissions" and all the sections from "Express Consent and Acknowledgement" to "Additional Terms of Use", inclusive.
GOVERNING LAW
You are responsible to ensure that you comply with your country’s law, regulation and legislation on employment. This includes your responsibility to ensure that you are of legal employment age in your respective country to apply for a job. This Agreement is governed by the laws of the Republic of Singapore and users hereby submit to the jurisdiction of the Singapore courts.
THE COMPANY’S LIABILITY AND DISCLAIMER OF WARRANTY
The Web Site acts as a venue for Employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between Employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on the Web Site.
In addition, 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 identities. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be deceptive. We expect that you will use caution and common sense when using the Web Site.
As user authentication on the internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. The Company does not and cannot be involved in user-to-user dealings or control of the participants on the Web Site. In the event that you have a dispute with one or more users, you shall release the Company, its affiliates and their respective officers, directors, employees and representatives 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.
The Material may contain inaccuracies or typographical errors. The Company 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. Employers are solely responsible for their postings on the Web Site.
The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site.
The Company cannot guarantee and does not promise any specific results from use of the Web Site. No advice or information, whether oral or written, obtained by a user from the Company or from the Web Site shall create any warranty not expressly stated herein.
THE COMPANY 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 YOU’RE USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
You agree to defend, indemnify, and hold harmless the Company, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from any of the User Content or other material you provide to the Web Site or your use of the Material or your breach of the these Terms of Use.
ADDITIONAL RECRUITER/EMPLOYER TERMS Of USE
You are responsible to ensure that you comply with your country’s law, regulation and legislation on employment. This includes your responsibility to ensure that you are of legal employment age in your respective country to apply for a job. This Agreement is governed by the laws of the Republic of Singapore and users hereby submit to the jurisdiction of the Singapore courts.
We operate Post a Job, Resume/CV Database Access and Company Branding chargeable services through the Website (“Employer Plans”). By placing an order for a Chargeable Service ("Order") you accept and agree to comply with the Terms. Any Order for the "Post a Job" service, Resume/CV Database Access shall be made through the "Employer Plans" section of the Website. Order for either can be made online or contacting us at +65 6728 5638 or sales@talentmobile.com
Subject to the Terms, in return for completion of an Order to our satisfaction, you may post job advertisements ("Job Advertisements") and/or Company Branding ("Branding") submitted for inclusion on the Website ("Content") and/or access the Resume/CV Database ("Access Resumes"). As an added benefit, we have the right (but not the obligation) to post your Job Advertisements and Branding across our exclusive network of Talentmobile.com.
As regards any licence you obtain for Resume/CV Database Access, you acknowledge that such a licence is granted by us only to the purchaser of the licence and is not transferable to any third party. Any unauthorised use of the licence will mean that we can automatically terminate it. The licence will specify which individual user or users employed by the purchaser may access the Resume Database and the number of resumes they may view. This will be set out in the relevant Order.
The amount of Content posted on the Website and the length of time that such Content remains on the Website shall be specified by the option chosen by you on the Order. You may request us to remove any Content from the Website before such Content has reached its expiry date, but you shall not be entitled to a refund for unused time.
PAYMENT
Fees for Job Advertisements and Resume/CV Database Access are set out in the “Employer Plans” section of the Website and may be updated by us from time to time
You must provide us with complete, accurate and up to date payment information. If we do not receive payment authorisation or if payment is not valid, cannot otherwise be processed or if any authorisation is subsequently cancelled or any check of your card fails, we may immediately terminate or suspend your access to any Chargeable Services.
YOUR OBLIGATIONS
You agree that, and solely responsible for the form, content and accuracy of any Content; will only submit Content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive; any and all Job Advertisements that you submit shall relate to specific and genuine job opportunities that were available at the time of posting; and by submitting Content, you permit any user of the Website to view, store and reproduce such Content for personal use.
If the Advertising Standards Authority of Singapore or any other independent reputable industry body sets up a pre-clearance procedure for internet advertising, then you agree (at our request and at your sole cost) to submit all Content to such organisation for pre-clearance and you shall provide satisfactory written confirmation of such clearance to us not less than fourteen days prior to the date for such content to be posted on the Website, such date being set out in the relevant Order.
You will ensure that all Content complies with all applicable laws including all statutory or common law requirements relating to discrimination. You will also ensure that all Content complies with the Employment Agencies Act and all relevant subsidiary legislation promulgated thereunder.
USE OF CANDIDATE DATABASE
RIGHTS IN THE DATABASE
Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Talentmobile.com. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
USE OF THE DATABASE
The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:
i. Use, search or download it to your database using the Resume/CV Search back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
ii. Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through Talentmobile.com depending on the product you have purchased) in relation to a specific job vacancy.
iii. Use the information only in connection with your own recruitment-related activities.
You may NOT:
i. Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
ii. Download the database through any automated (e.g. "scraping") process.
iii. Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act and all subsequent legislation and regulations.
DEALINGS WITH CANDIDATES
You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring talentmobile.com into disrepute. You will indemnify talentmobile.com from and against any claim brought by an individual against Talentmobile.com arising from your breach of this obligation or any other of these terms and conditions
TALENTMOBILE VIDEO SERVICE - ADDITIONAL TERMS OF USE
YOUR ACCEPTANCE OF THE ADDITIONAL TERMS OF USE – TALENTMOBILE.COM VIDEO SERVICE
Your access and/or use to this Talentmobile.com Video Service is subject to these Additional Terms of Use besides the Terms of Use and Privacy Commitment enshrined and specified on the homepage of the website www.talentmobile.com (hereinafter referred to as “TalentMobile.com Website”) which are additional and supplementary and are incorporated herein by reference. By accessing or using this Talentmobile.com Video Service you agree to be bound by these Additional Terms of Use, the said Terms of Use and Privacy Commitment, or any amendments thereof, applicable laws, rules and regulations governing this website.
Please do not access and / or use this website if you do not agree with any of the terms and conditions stated herein or under the said Terms of Use and / or Privacy Statement enshrined and specified on the TalentMobile.com Website. You also hereby agree and acknowledge that you are eligible and have contractual capacity to access or use this Talentmobile.com Video Service and TalentMobile.com Website. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason whatsoever.
APPLICABILITY – WIDE AND EXHAUSTIVE
These Additional Terms of Use shall apply to all the users of the TalentMobile.com Website, including, but not limited to, registered users on TalentMobile.com Website, contributors of video content, information, and / or other materials on the TalentMobile.com Website. The Website may contain links to third party websites that are not owned or controlled by TalentMobile.com. TalentMobile.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the TalentMobile Website, you expressly relieve and absolve TalentMobile.com from any and all the liability arising from your use of any third-party website. TalentMobile.com also reserves the right to decide the inclusion or non-inclusion of any video content in TalentMobile Website without giving any reason of its non-inclusion. TalentMobile.com reserves the right to withdraw any video content at any time without recourse to or permission of the contributor.
ACCESS & USAGE TERMS
Talent Mobile.com Video Service permits you to use these services as set forth in this Terms of Use/Service, provided that:
(i) your use of the these services as permitted is solely for your own use;
(ii) you will not copy or distribute any part of the product and services of Talentmobile.com Website in any medium without Talentmobile's prior written permission;
(iii) you will not adulterate, manipulate, change, alter, amend or modify any part of the TalentMobile.com Video content contained in the Talentmobile.com Website and comply with the terms and conditions of these Terms of Use/Service as well as Terms of Use Agreement and Privacy Statement enshrined and specified on the Talentmobile.com Website. While registering yourself on the Talentmobile.com Website you shall submit your accurate and complete details and information and must keep your login ID and password secure to prevent misuse and unauthorized use of your login ID or account.
(iv) In the event of any breach of security or unauthorized use of your login ID / Account you must notify Talentmobile.com immediately. TalentMobile.com will not be liable for any loss caused by any unauthorized use of your login ID / Account. You may be liable for the losses of TalentMobile.com due to such unauthorized use.
(v) You also agree not to use any automated system including but not limited to the use of "robots," "spiders," "offline readers," etc., that accesses the TalentMobile.com Website in a manner that sends multiple request messages to the Talentmobile.com website’s web servers in a given period of time than a normal prudent person can reasonably produce in the same period by using a convention on-line web browser.
(vi) You also agree not to store, collect or harvest any personally identifiable information, including names, e mail ids, account names, list of the recruiters and employers from the Website, nor to use the Talentmobile.cm Website’s email, website for any commercial solicitation purposes.
VIDEO CONTENT SUBMISSIONS IN TALENTMOBILE.COM WEBSITE
TalentMobile.com permits its registered users of TalentMobile.com Website the submission of videos or other communications in TalentMobile.com Website and they agree and allow TalentMobile.com the hosting, sharing, and/or publishing of such Submissions. TalentMobile.com does not guarantee any secrecy and confidentiality with respect to any of the Video or other communication submissions in TalentMobile.com Website. The concerned registered users of TalentMobile.com Website are solely responsible for their video content Submissions and the consequences of posting or publishing them on Talentmobile.com Website. In this regard the concerned registered users of TalentMobile.com Website affirm, represent, and/or warrant that they have the necessary licenses, rights, consents, and permissions to use and authorize Talentmobile.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Video content to enable inclusion and use of the Video Content in the manner contemplated by the TalentMobile.com Website’s Terms of Use Agreement and Privacy Commitment and these Additional Terms of Use; and also have the necessary required written consent, release, and/or permission contemplated by the TalentMobile.com Website and these Additional Terms of Use. The concerned registered users, jobseekers, recruiters, employers and other contributor of Video Content on TalentMobile.com Website hereby agree not to include any Video Content that in any manner whatsoever is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. The registered users and other contributor of Video Content in TalentMobile.com Website hereby grant Talentmobile.com a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted video content in connection with the TalentMobile.com Website and its affiliates business, including without limitation for promoting TalentMobile.com Website in any manner whatsoever. The concerned registered users and other contributor of Video Content in TalentMobile.com Website also hereby grant TalentMobile.com a non-exclusive license to access their video content through TalentMobile.com Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Video content through TalentMobile.com Website and under these Additional Terms of Use. The aforesaid license and permission granted by you to TalentMobile.com terminates once the concerned registered users and other contributor of Video Content in TalentMobile.com Website remove or delete their Video Content from TalentMobile.com Website.
With respect to the video content submissions in TalentMobile.com Website, the concerned registered users and other contributor of Video Content in TalentMobile.com Website also further agree that they shall not submit any content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have permission from their rightful owner to post the content and to grant TalentMobile.com all of the license rights granted thereto and they also not publish false content or material that may damage TalentMobile.com or any third party and also hereby agree not to submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business, impersonate any third party.
TalentMobile.com does not verify the genuineness, accuracy or otherwise endorse any Video content or any opinion, recommendation, or advice expressed therein, and TalentMobile hereby expressly disclaims any and all liability with respect to the video content inclusions in TalentMobile.com Website. Talentmobile.com does not permit copyright infringing activities and infringement of intellectual property rights on TalentMobile.com Website, and TalentMobile.com reserves the right of deletion or removal of any video Content without prior notice if it comes to TalentMobile.com's knowledge or if it is notified that such video content infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and TalentMobile.com may also terminate access to its Website. TalentMobile.com also reserves the right to decide whether a particular video Content or material is appropriate and complies with the Terms of use/agreement and Privacy Commitment of Talentmobile.com Website and these Additional Terms of Use for violations other than copyright infringement and violations of intellectual property law including but not limited to, pornography, obscene or defamatory material, or excessive length. Talentmobile.com shall delete or remove such Video Content and/or terminate such violator's access to Talentmobile.com Website at any time, without any prior notice at its sole discretion for uploading such video content in violation of Terms of use and Privacy Commitment of TalentMobile.com Website as well as these Additional Terms of Use. Concerned registered users, jobseekers, recruiters, employers and other contributor of Video Content in TalentMobile.com Website hereby agree and acknowledge that they may be liable if their video content submissions in Talentmobile.com Website are not genuine, inaccurate, offensive, indecent, or objectionable, and they also agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against TalentMobile with respect thereto, and agree to indemnify and hold TalentMobile.com, its affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to their video content submission in TalentMobile.com Website.
TALENTMOBILE’S RIGHTS IN VIDEO CONTENT
TalentMobile.com reserves the right to sell, license and/or display any advertising, promotional and distribution rights in connection with the Video Content and other material submitted in TalentMobile.com Website and Talentmobile.com will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms of Use obligates or may be deemed to obligate Talentmobile to sell, license or offer to sell or license any advertising, promotion or distribution rights.
APPROPRIATE USE OF TALENTMOBILE VIDEO SERVICE
The video content, material and software on Talentmobile.com Website is the property of TalentMobile.com and protected by all the local and international applicable laws including but not limited to laws related to Trade Mark, Copyright and other intellectual property rights. You agree that you will not copy, modify, alter, reproduce, create derivative works, or display to the general public any of the Talentmobile.com video content from the Talentmobile.com Website. You also agree that you will not in any manner whatsoever including by the use of any automated device or manual process monitor or copy any of the video content from the TalentMobile.com Website. Any use of the TalentMobile.com Video Service that infringes or violates Talentmobile.com website’s Terms of Use Agreement and/or Privacy Commitment and/or TalentMobile.com’s Trade Mark, Copyright and intellectual property rights will be treated as a serious infringement and violation and investigated accordingly. TalentMobile shall have the right to take appropriate civil and / or criminal action for such infringement and / or violations.
WAIVER OF CLAIMS & INDEMNITY PROVISION
You hereby waive all claims against TalentMobile.com (and Emarket Enterprise) and indemnify its directors, employees, authorized representatives and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses including but not limited to litigation costs and attorneys' fees of every kind and nature, arising out of or in any way whatsoever concerned with use of the TalentMobile.com Video Service and also arising out of your violation of any term of these Additional Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim of video content submission causing damage to a third party. This defense and indemnification obligation will survive these Additional Terms of Use and your use of the TalentMobile.com Website.
DISCLAIMER
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE AND ACCESS OF THE TALENTMOBILE.COM VIDEO SERVICE AND TALENTMOBILE WEBSITE SHALL BE AT YOUR SOLE RISK, RESPONSIBILITY AND CONSEQUENCES. TO THE FULLEST EXTENT PERMITTED BY LAW, TALENTMOBILE (AND EMARKET ENTERPRISE), ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORISED REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TALENTMOBILE.COM VIDEO SERIVICE AND TALENTMOBILE.COM WEBSITE AND YOUR USE THEREOF. TALENTMOBILE.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF TALENTMOBILE.COM WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO TALENTMOBILE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF TALENTMOBILE>COM VIDEO SERVICE AND TALENTMOBILE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TALENTMOBILE.COM SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN IN ANY FORM AND/OR IN ANY MANNER, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TALENTMOBILE.COM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE UNAUTHORISED TOOLS OR SOFTWARE WHICH MAY BE TRANSMITTED TO OR THROUGH TALENTMOBILE.COM WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH TALENTMOBILE.COM WEBSITE. TALENTMOBILE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TALENTMOBILE.COM WEBSITE OR ANY ASSOCIATED OR HYPERLINKED WEBSITE AND TALENTMOBILE.COM SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE OR ACCOUNABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY.
LIMITATION OF LIABILITY
THE CONCERNED REGISTERED USERS, JOBSEEKERS AND OTHER CONTRIBUTOR OF VIDEO CONTENT IN TALENTMOBILE.COM WEBSITE HEREBY AGREE AND ACKNOWLEDGE THAT TALENTMOBILE.COM SHALL NOT BE LIABLE FOR THEIR VIDEO CONTENT SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THEM.
IN NO EVENT SHALL TALENTMOBILE.COM (AND EMARKET ENTERPRISE), ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE VIDEO CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TALENTMOBILE.COM SECURE SERVERS AND/OR ANY AND ALL VIDEO CONTENT AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TALENTMOBILE.COM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TALENTMOBILE.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL ARRANGEMENT, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE LOCAL AND/OR INTERNATIONAL JURISDICTION.
AMENDMENT IN TERMS OF USE
TalentMobile.com shall have the right to amend, vary or modify the Terms of Use, Privacy Commitment of TalentMobile Website and these Additional Terms of Use governing this TalentMobile.com Video Service at any time, without giving any prior notice to You and such amendment shall be effective immediately upon inclusion / posting of such amendment on TalentMobile Website.
These "Terms of Use Agreement" and "Privacy Commitment" of TalentMobile.com site constitute a binding agreement between You and TalentMobile.com, and is accepted by You upon your use of the TalentMobile.com Site.
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