jobpostings Terms & Conditions Acceptance of Terms
Welcome to jobpostings. Below are our "Terms and Conditions" which govern how you may use our website. 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. Passion Inc. (the "Company") may revise these Terms and Conditions at any time 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 Web Site Content
The Company authorizes you to view and access a single copy of the content available on or from jobpostings (the "Web Site") solely for your personal, noncommercial use.
The Site may be used only for lawful purposes by individuals seeking employment and career information ("Candidates"), and by Employers seeking employees. You agree to use the Site only to send Content and receive Materials that are proper and related to the purpose of the Site.
The contents of this Web Site, and of all other websites under the Company's control, whether partial or otherwise (the Website and such other websites are sometimes collectively referred to as "Passion Inc. Sites") such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under both Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.
All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by Canadian and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate any Web Site Content or the pages making up any Passion Site. It is also protected by the Company's copyright.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for jobpostings to provide the Service. You also understand and agree that the service may include certain communications from jobpostings, such as service announcements, administrative messages and the jobpostings on-line or print Newsletter & Magazine, and that these communications are considered part of jobpostings membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that Passion Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Acceptable Use of Site
General Rules: Users may not use any Passion Inc. Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the 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 defamatory, obscene, threatening, abusive or hateful.
Passion Inc. Site Security Rules: Users are prohibited from violating or attempting to violate the security of any Passion Inc. Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Passion Inc. Site, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences involving such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses
Passion Inc. Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate application.
Posting any franchise, pyramid scheme, "club membership", distributorship or sales rep agency arrangement or other business opportunities which require an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
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 any Passion Inc. Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately large load on any Passion Inc. Site's infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties 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 any Passion Inc. Site other than the search engine and search agents available from the Company on such Passion Inc. Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Passion Inc. Site.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Passion Inc. Site.
User Information
When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information").
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update your application to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or jobpostings has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, jobpostings has the right to suspend or terminate your account without refunding your membership, any fees paid, and refuse any and all current or future use of the Service (or any portion thereof).
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 the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. You agree to abide by jobpostings's Privacy Policy, which is incorporated by reference into these Terms and Conditions.
User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of your postings. You must not, and by using any Passion Inc. Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; 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, 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.
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.
The Company 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, the Company may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company 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. The Company 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 the Company or may cause the Company 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 any Passion Inc. Site, including message boards, forums, contests and chat rooms, you grant the Company 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.
We appreciate hearing from our customers and welcome your comments regarding our services and the Passion Inc. Sites. Please be advised, however, that if you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all users of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
When you register with jobpostings as an applicant you are posting your resume & cover letter, and enabling Employers to view your information (if you wish) and to apply to jobs. If you register as an employer you can purchase the right to post jobs and search resumes. Once a year has passed you must renew in order to continue to receive the benefit of being "live" on the site.
Need help posting your resume & cover letter, applying to jobs, searching resumes, or postings jobs? Contact us now.
Termination Policy For Users that Infringe on Copyright or Intellectual Property Rights Of Others
Passion Inc., jobpostings and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other Passion Inc. Site to infringe upon the intellectual property rights of others. We will terminate the accounts of any account holder, and block access to our Web Site and/or the other Passion Inc. Sites for any user, who is a repeat infringer of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
jobpostings's Liability
jobpostings is an employment board that allows Employers to view applicants' resumes and applicants to view employers' job postings. It does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and applicants. As a result, the Company has no control over the quality, safety or legality of the jobs or applications posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to applicants or the ability of applicants 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 and coming into contact with users through the Web Site and/or the other Passion Inc. Sites.
Because user authentication on the Internet is difficult, the Company 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 any Passion Inc. Site, in the event you have a dispute with one or more users, you release the Company (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 d1542, 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 which is made available through the Web Site and/or the other Passion Inc. Sites. 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 and/or the other Passion Inc. Sites.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Passion Inc. Site or the Web Site Content. The use of Passion Inc. Sites and the Web Site Content is at your own risk. Passion Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. This includes changes to the fee structure for employers postings jobs as well as searching candidates. (You agree that Passion Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any application or material contained therein placed by you on the Passion Inc. Sites. Employers are solely responsible for their postings on Passion Inc. Sites.
The Company is not to be considered to be an employer with respect to your use of any Passion Inc. Site and the Company shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Passion Inc. Site.
THE COMPANY DOES NOT WARRANT THAT ANY PASSION INC. SITE WILL OPERATE ERROR-FREE OR THAT ANY PASSION INC. SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY PASSION INC. SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE PASSION INC. SITES AND WEB SITE CONTENT 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.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY PASSION INC. 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 ANY PASSION INC. SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links From Other Sites
jobpostings welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:
(a) A link may be established to the following home pages (the "Home Page"): http://www.jobpostings.ca. for the Canadian Site and http://www.jobpostings.net for the American Site. Links may not be established to any other pages on these Sites without jobpostings's written permission. (b) If you link to either of these Sites, jobpostings grants you a limited, non-exclusive, non-transferable, royalty-free license to use the jobpostings trademark and Internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from your web site to these Sites. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of jobpostings's trademarks or service marks (the " Marks") for any reason without jobpostings's prior written permission. (c) You acknowledge that all rights to the Marks, the content appearing on the jobpostings Website pages (the "Web Pages") and the "look and feel" of the Web Pages belong to jobpostings. You will not at any time directly or indirectly contest or infringe these rights. (d) If you link to either of these Sites, your web site:
may not create frames around any part of Passion Inc.'s Sites or use other techniques that alter the visual presentation of our Sites;
may not imply that jobpostings is endorsing you or your products or services.
may not imply an affiliation between your company and jobpostings without the prior written consent of jobpostings;
may not misrepresent your relationship with jobpostings or present false or misleading impressions about jobpostings' Services; and
may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups; (e) jobpostings shall have no responsibility or liability for any content appearing on your web site; (f) jobpostings may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If jobpostings exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks; jobpostings may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.
Links to Other Sites.
jobpostings and certain other Passion Inc. Sites contain 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.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Passion Inc. Site.
Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use of the Materials or any Passion Inc. Site is limited to $100 Canadian.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your account from this Web Site and other Passion Inc. Sites and immediate termination of your registration with or ability to access this Web Site and other Passion Inc. Sites and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site or other Passion Inc. Site registrations.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, 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. The Company 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
The Company makes no claims that the Materials may be lawfully viewed or accessed outside of North America. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of North America, 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 Province of Ontario, without respect to its conflict of laws principles.
If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto, Canada or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
If any provision of these Terms and Conditions is 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. These Terms and Conditions constitute the entire agreement between you and the Company 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 Web Site and the other Passion Inc. Sites 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.