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Privacy Reminder -- Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers. Learn more This page states the "Terms of Use" under which You may use Monster.com, an on-line service to post and search employment opportunities and user resumes, which features Monster Networking, an on-line community designed to facilitate valuable professional and personal networking among its users based on common experiences and interests ("Monster.com" or "Web Site"). These Terms of Use include the Monster Privacy Statement and the MyMonster Premium Fee Policy, each of which is incorporated into these Terms of Use by reference. By using Monster.com, You are indicating your agreement to these Terms of Use, including the Monster Privacy Statement. Please read this page carefully. If You do not accept the Terms of Use stated here, do not use the Web Site and the services. By using Monster.com, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Monster, Inc. ("Monster" or the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, 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.
1. Eligibility.
2. Use of Monster Content.
3. Monster Site Restrictions.
Users are also prohibited from violating or attempting to violate the security of any Monster Site, including, without limitation the following activities: (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 Monster Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) 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 which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses.
The Company specifically prohibits any other use of Monster.com, and all Users agree not to do any of the following: (a) post any jobs on any Monster Site for any competitor of Monster or posting jobs or other content that contains links to any site competitive with Monster; (b) post jobs or content on any Monster Site that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited; post jobs for modeling or talent or talent scouting positions; (c) post jobs for modeling or talent or talent scouting positions on any Monster Site; (d) use any Monster Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services; (e) use Monster Networking for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any Monster Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any Monster Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires 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; (h) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Monster Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any Monster Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt 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 Monster Site other than the search engine and search agents available from the Company on such Monster Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (l) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Monster Site; (m) aggregate, copy or duplicate in any manner any of the Monster Content or information available from any Monster Site; or (n) frame or link to any of Monster Content or information available from any Monster Site.
5. Registration Information.
The Company 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; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Monster 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 Monster.com or any other Monster 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. If you cancel your MyMonster account, all your account information from Monster, including resumes, cover letters, network profiles, saved jobs, questionnaires and email mailing lists will be removed from Monster and Monster's databases and cannot be retrieved once deleted.
6. User Content and Submissions.
By posting User Content to any public or non-public area of any Monster Site, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-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 User 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 User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed any Monster Site retains any and all rights that may exist in such User Content. The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of Monster, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any Monster Site. The Company reserves the right to expel Users and prevent their further access to the Monster Sites for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company may take any action with respect to User Content 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. The following is a partial list of User Content that is prohibited on the Monster Sites. The list below is for illustration only and is not a complete list of all prohibited User Content:
It is also a violation of the Terms of Use, to include in any User Content submitted to Monster Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. Any Monster Networking Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Monster Networking Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Monster Networking Profile any telephone numbers, street addresses, last names, URLs, email addresses or other means of contacting You. In order to protect our Monster Networking Users from commercial advertising or solicitation, Monster reserves the right to restrict the number of e-mails which a Premium Subscriber (as described below) may send to Basic Members (as described below) or other Premium Subscribers in any 24-hour period to a number which Monster deems appropriate in its sole discretion. Each candidate made available through the Skilled and Hourly section of the Monster.com has taken skills interview(s) offered by the Company. The results of each skilled and hourly candidate's skills interview are not evaluated by Company and should be evaluated by each employer based on such employer's specific criteria. The skills interview(s) are proprietary to Company and may be changed from time to time in Company's discretion. The skills interviews do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Company does not independently verify the information provided by candidates or the identity of candidates. Monster reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Monster Sites and/or terminating the offending User's ability to access the Monster Sites and/or use Monster services. The Company may take any other action with respect to User Content or User actions 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. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other 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 has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or nonperformance of such activities. We appreciate hearing from our Users and welcome your comments regarding our services and the Monster Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, 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 confidentiality 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.
7. Registration and Password.
8. Special Terms Applicable to Monster Networking.
(b) Member Feedback. If You are a MyMonster Basic Member or Premium Subscriber, You acknowledge that your Monster Networking feedback consists of comments provided by other Basic Members or Premium Subscribers and a composite feedback number compiled by Monster, and that the composite number without the comments does not convey your full feedback profile. Because feedback ratings are not designed for any purpose other than for facilitating networking, You agree that You shall not market or export your Monster Networking feedback rating in any venue other than a Monster Site. Monster does not provide You the technical ability to import feedback from other web sites (non-Monster Site) to Monster Networking because a composite feedback number, without the corresponding feedback does not reflect your true online reputation within the Monster Networking community. You may not take any actions that may undermine the integrity of the Monster Networking feedback system. If Monster concludes, in its sole discretion, that your actions undermine the integrity of or interfere with the feedback system, Monster may (i) terminate and/or delete your MyMonster Account, Monster Networking Profile and MyMonster Premium Billing Account, if applicable, and/or (ii) deny You Monster Networking services and/or services from any other Monster Site. If You are a MyMonster Premium Subscriber, Monster may limit the number of introductions provided to You and the number of e-mails You may send to other Monster Networking members based upon the level of your feedback. If You earn a net feedback rating of less than 0, Monster may (i) terminate and/or delete your Profile and Billing Account, if applicable, and/or (ii) deny You Monster Networking services and/or services from any other Monster Site. (c) Termination of Monster Networking Membership. These Terms of Use will remain in full force and effect while You are a User of Monster Networking at any level. You may terminate your membership as a Basic Member or Premium Subscriber at any time, for any reason by using the online cancellation tool or clicking on the "Help" link on Monster and following the provided instructions. See 9. Special Terms Applicable to MyMonster Premium for fee policy. In addition to other causes of termination set forth above, Monster may terminate your membership for any reason, effective upon sending notice to You at the email address You provide in your MyMonster Account, or such other email address as You may later provide to Monster. If Monster terminates yourMyMonster Premium account membership because You have breached these Terms of Use or is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid.
9. Special Terms Applicable to MyMonster Premium
(b) Premium Products. MyMonster Premium products are only accessible to Premium Members. The list of Premium products includes, but is not limited to, Resume Enhancements, Priority Resume Listings, Job Search Tutorials, Career Fit Indicator Test, and the ability to store five additional job search agents and five additional resumes over a Basic Membership. These product offerings are subject to change at any time with or without notification. (c) Premium Cancellation. A User will retain access to the Premium features provided that they continue to pay a re-occurring monthly fee for this access. The User may terminate their membership as a MyMonster Premium Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link and following the provided instructions. If you cancel your MyMonster Premium account within 3 business days from date of purchase, Monster will provide a full refund. If however, you cancel your MyMonster Premium account thereafter you will not be entitled to any refund of fees.
10. Registration and Password.
11. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement.
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12. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
13. The Company's Liability.
MonsterNetworking provides a venue for individuals to network for professional purposes and Monster does not screen or censor the Monster Networking Profiles or User Content on Monster.com. The Company is not involved in the actual communications between Monster Networking Users. As a result, the Company has no control over the accuracy, reliability, completeness, or timeliness of the Monster Networking Profiles or User Content submitted on Monster.com and makes no representations about any Monster Networking Profile or User Content on Monster.com. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through Monster.com and/or the other Monster 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 Monster.com and/or the other Monster 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 Monster Site, in the event that 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." The Monster Sites and the Monster Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Monster Site or the Monster Content. The use of all Monster Sites and the Monster Content is at your own risk. Changes are periodically made to Monster Sites 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 Monster Sites. Employers are solely responsible for their postings on Monster Sites. The Company is not to be considered to be an employer with respect to your use of any Monster Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Monster Site. Monster cannot guarantee and does not promise any specific results from use of Monster.com or any Monster Site. No advice or information, whether oral or written, obtained by a User from Monster or through or from Monster.com or any other Monster Site shall create any warranty not expressly stated herein.
14. Disclaimer of Warranty.
15. Disclaimer of Consequential Damages.
16. Limitation of Liability.
17. Links to Other Sites.
18. No Resale or Unauthorized Commercial Use.
19. Indemnity.
20. General.
21. Additional Terms of Use.
22. MonsterLearning.
23. Term and Termination
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