Last Revised: July 21, 2017
5. General Conditions/Access and Use
6. Use of Intellectual Property
7. NO WARRANTIES AND DISCLAIMER BY JOBGANIC
Throughout this document, the words “Jobganic,” “us,” “we,” and “our,” refer to our company, Owlyze LLC d/b/a Jobganic, our Site or our Service, as is appropriate in the context of the use of the words. A user of the Site, whether as a job seeker user or a non-job seeker user just browsing the Site, is hereinafter referred to as a “User,” or collectively, the “Users”. The terms “Companies” or “Company” refer to job site, job board, job search engine, mobile job app, and job matching companies in the online recruitment and job search industry who are interested in marketing their job search services through the use of our Site and Service. The term “Directory” refers to the industry categorized directory of job site Companies that Jobganic maintains on an ongoing basis. The term “Profile” refers to the complimentary profile that is in the Directory that Jobganic creates on behalf of the Company. The term “You” refers to the individual, company or legal entity, as applicable.
1. Description Of Service
For Job Seekers
Jobganic was primarily created for job seekers “Users” to better understand the global online recruitment and job search industries, specifically the numerous job board, job search engine, mobile job app, and job matching Companies in the industry. Users of all industry and functional backgrounds and geographic areas are able to freely access and conveniently research and learn about these Companies through the use of our public Directory so that they can find viable channels to seek employment and career opportunities. Users are also able to read job market and career related Content that is relevant to their job search needs. Users are not required to register or signup to access the Site and its Content. Users may voluntarily subscribe to receive a monthly newsletter from Jobganic, where the only information required by the User is a valid email address and opt-in confirmation.
Jobganic also caters to job board, job search engine, mobile job app, and job matching companies in the global online recruitment and job search industries. The Site provides these Companies with free online marketing exposure by inclusion in the public Directory of job sites. Participation by Companies on the Site is completely free. Jobganic encourages these Companies to participate so that it helps job seekers find relevant sources for employment opportunities. Companies are provided with a complimentary Profile in the Directory to promote their job search services to Users who are seeking employment opportunities. All Profiles in the Directory are public for Users to see. Companies may request to receive increased brand exposure by entering into an Advertiser Agreement with us. Such agreement would be created outlining advertising terms and pricing.
Please note that the information found here may be in violation of the laws of the country or jurisdiction from where you are viewing this information.
2. Acceptance of Terms
Jobganic permits you (“User” or “you” or “your”) to access and use the Site and Content, subject to these T&Cs. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these T&Cs. If you are entering into these T&Cs on behalf of a Company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these T&Cs, in which case the terms “you” or “your” or “User” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&Cs, you must not accept these T&Cs or access or use the site or content.
3. T&Cs Updates
PLEASE NOTE THAT THIS T&C AGREEMENT IS SUBJECT TO CHANGE BY JOBGANIC IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the T&Cs available at the Site. We will also update the “Last Revised” date at the top of the T&Cs Agreement. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. It is your responsibility to check the T&Cs periodically for changes. Any changes to the Agreement will be effective immediately for new users of the Site or Service. Jobganic may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
4. Content Disclaimer
Content and Company Validation. Jobganic makes an effort to research and validate the Companies and the Content they provide to ensure the accuracy of the information and Content published on the Site. If a Company requests their Profile to be included in the Directory, Jobganic has the right to validate, accept or refuse a Company based on the Company’s legitimacy and Content accuracy.
Links to Third Party Sites. The links on Jobganic to third-party Company websites are provided solely for our Users’ convenience. When a User accesses those links, they will leave or be redirected from Jobganic.com. Jobganic is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Jobganic does not control those websites, and is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites. Jobganic shall not be held liable if a User’s expectations of the Companies are not meet.
Jobganic shall not at any time, in any circumstances, be held responsible or liable to any party in respect of any loss, damage or costs of any nature arising directly or indirectly from reliance placed on the Content found on the Site.
Jobganic and the Site does not interfere in the relationship that may be established between a User and a Company. Jobganic is not responsible for any inconvenience, damage, loss or cost of any nature arising from a contact or a contract established between a User or Company through Jobganic.
Please note that the responsibility for any litigious comment on the Site is entirely taken by its author. Jobganic reserves the right to moderate the Content or remove comments or published articles without notice in its sole and absolute discretion.
5. General Conditions/Access and Use
Authorization to Access and Use Site and Content. Subject to your compliance with these T&Cs and the provisions hereof, you may access or use the Site and Content solely for the purpose of your evaluation of Jobganic and Jobganic’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by Jobganic.
Jobganic encourages the Companies featured on the Site to provide the most accurate information to be published on their respective Directory Profile pages. Companies agree to receive regular email correspondence from Jobganic to inform them of their presence and Directory Profile on the Site. Companies may request updates to the Content displayed on their Directory Profile at any time. Update requests must be sent to Jobganic via email to ensure validation, version control, and record keeping. Jobganic reserves the right to review, validate and publish updates requested by Companies at a turnaround production time that is convenient for the Jobganic staff.
Ownership and Restrictions. All rights, title and interest in and to the Site and Content will remain with and belong exclusively to Jobganic. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of Jobganic that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by Jobganic to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by Jobganic. Jobganic reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Jobganic on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data. You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store in connection with or relating to the Site.
Reservation of Rights. Jobganic and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. Jobganic grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.
6. Use of Intellectual Property
The product names, images, pictures, videos and logos identifying Jobganic are proprietary marks of Jobganic. Copying Jobganic’s logos and Content and/or any other third party logos or Content such as the Companies featured on the Site is not permitted without prior consent from the appropriate copyright owner.
Rights in Company Content & User Content. By posting your information and other content (“Company Content” or “User Content”) on or through the Site and Content, you grant Jobganic a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Company Content or User Content in connection with the Site and Content. Jobganic has the right, but not the obligation, to monitor the Site and Content and Company Content or User Content. Jobganic may remove or disable any Company Content or User Content at any time for any reason, or for no reason at all.
Unsecured Transmission of Company Content & User Content. You understand that the operation of the Site, including Company Content or User Content, may be unencrypted and involve transmission to Jobganic’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Company Content or User Content. Jobganic will have no liability to you for any unauthorized access or use of any of Company Content or User Content, or any corruption, deletion, destruction or loss of any of Company Content or User Content.
Feedback. You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or Jobganic’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and Jobganic may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether Jobganic considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
Your Representations and Warranties. You represent and warrant to Jobganic that your activity on the Site and Jobganic’s possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Termination of Access Due to Violations. Jobganic may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to Jobganic, for which monetary damages would be inadequate, and you consent to Jobganic obtaining any injunctive or equitable relief that Jobganic deems necessary or appropriate in such circumstances, without limiting Jobganic’s other available remedies. Further, Totpal may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
7. NO WARRANTIES AND DISCLAIMER BY JOBGANIC
THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND JOBGANIC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT JOBGANIC DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND JOBGANIC DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM JOBGANIC OR THROUGH THE SITE AND PROPERTY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.
Jobganic reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8. LIMITED LIABILITY
Exclusion of Damages and Limitation of Liability. Jobganic does not charge fees for you to access and use the Site and Content pursuant to these T&Cs. As consideration for your free access and use of the Site and Content pursuant to these T&Cs, you further agree that JOBGANIC WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS T&Cs, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF JOBGANIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF JOBGANIC WITH REGARD TO THIS T&Cs WILL IN NO EVENT EXCEED USD$1.00.
Jurisdictional Limitations. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, JOBGANIC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Dispute Resolution; Jury Waiver. THESE T&Cs ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF DELAWARE APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these T&Cs or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington Delaware; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
9. Contact & Requests
All rights reserved, including copyright and database right.
If you have any questions or requests about Jobganic’s Terms & Conditions, please contact us at contact @ jobganic.com.
If you request permission to use any materials, such as the Jobganic logo and/or content, please contact us at contact @ jobganic.com. Please explain how and why you wish to use our logo or content. Please include your contact information (name, address, telephone, and email.)