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TERMS of
AGREEMENT:
This Agreement
is between you, your company or organisation ("You") and Monster.com.sg
Pte Limited and Cisco Systems (USA) Pte Ltd ("We") and governs
use of the website or websites referenced at the end of this Agreement
(each a "Site" and, together, the "Sites"). If You
breach any provision of this Agreement, We may: (i) discontinue Your service
and/or (ii) pursue all other available remedies to enforce this Agreement
and obtain payment hereunder. In such event, We shall be entitled to collect
all of its costs and attorneys' fees incurred.
Each Site's CV database (each a "CV Database") is a private
database for use by licensed members only. A licensed member is defined
as one unique user with one unique password. If You (including any of
Your employees or consultants as applicable) are found to share passwords
with any non-licensed users, We may revoke all passwords and no refund
will be given. We reserve the right to periodically change issued passwords.
You agree to comply with all applicable local, national and international
laws, including but not limited to the laws relating to labour and employment,
data privacy and intellectual property.
Navigation/Search Engines: Notwithstanding anything to the contrary contained
herein, You shall not use or attempt to use, and shall cause each party
under Your control not to use or attempt to use, any engine, software,
tool, agent or other device or mechanism (including without limitation
browsers, spiders, avatars or intelligent agents) to navigate or search
any Site other than the search engine and search agents available on such
Site and other than generally available third party web browsers (e.g.
Netscape Navigator, Microsoft Explorer).
The contents of each Site (including without limitation all resumes),
and all elements which are a part of the foregoing, and all intellectual
and other proprietary rights therein, are our property. Notwithstanding
the foregoing sentence, any job postings placed on any Site by You hereunder,
and all elements which are a part of the foregoing, and all intellectual
and other proprietary rights therein, except to the extent containing
information in the public domain, are and shall at all times remain Your
property.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR ANY SITE, OR THE FUNCTIONALITY,
PERFORMANCE OR RESULTS OF USE THEREOF AND ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED ARE HEREBY EXCLUDED.
You agree to indemnify us, our officers, directors, employees and agents,
from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, arising or resulting from Your breach
of this Agreement or from Your provision of any material to any Site,
including but not limited to claims of breach of third party intellectual
property rights. If You list an address on this Agreement, we will provide
notice to You promptly of any such claim and shall assist You, at Your
expense, in defending any such claim, action or demand.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS
MAY ARISE UNDER THE IMMEDIATELY PRECEDING PARAGRAPH, NEITHER PARTY WILL
BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED
FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING LOST REVENUES
OR PROFITS, LOSS OR BUSINESS OR LOSS OF DATA - ARISING OUT OF THIS AGREEMENT
(INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY
OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE
OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT
KNEW OF THE POSSIBILITY THEREOF. MOREOVER, OUR MAXIMUM LIABILITY ARISING
OUT OF OR RELATING TO THE TRANSACTION WHICH IS THE SUBJECT MATTER OF THIS
AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT,
BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE SUM OF UNITED STATES
DOLLARS ONE HUNDRED (US$100).
Notwithstanding anything to the contrary contained herein, Your use of
each Site is subject to the TERMS of USE available from such Site's homepage.
By Your execution hereof You hereby agree to abide by such TERMS of USE,
as they may be amended from time to time.
This Agreement (i) constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes any previous
oral or written arrangements or understandings relating thereto, (ii)
may be signed in counterparts, (iii) shall be governed by the laws of
Singapore, (iv) may not be amended, terminated or waived orally, and (v)
may not be assigned, in whole or in part, directly or indirectly, by operation
of law or otherwise, by You and only comes into existence when signed
by You. Any terms of this Agreement that may be invalid shall not affect
the validity of enforcement of the remaining valid terms of this Agreement.
The terms and conditions of this Agreement may not be amended without
our affirmative written consent.
SITES GOVERNED BY THIS AGREEMENT: [http://my.academy.monster.com]
(the "Site")
TERMS of USE
This section states the "TERMS of USE" under which You this
and/or other websites under our control (whether partial or otherwise),
other than non-publicly accessible areas the Site and such other websites
to which You are not provided access pursuant to the Agreement (as defined
below).
Use of Material.
We authorise You to view and download copies of (i) the publicly accessible
material and (ii) the material available from those additional areas of
the Site to which You may have access pursuant to the terms of the Agreement
on the Site and any other websites under our control (whether partial
or otherwise) (collectively the "Sites") for Your business use
in accordance with the terms and conditions of these TERMS of USE and
the agreement (the "Agreement") to which they are attached.
Capitalised terms used but not otherwise defined herein shall have the
respective meanings assigned thereto in the Agreement.
The contents of the Sites, such as text, graphics, images, logos, button
icons, software and other material (collectively, "Material"),
are protected under both Singapore and foreign copyright, trademark and
other laws. Except as provided in the Agreement, all Material is the property
of Monster or Cisco or their content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all content on the
Site is the exclusive property of Monster and Cisco, subject to any and
all intellectual property rights that You may have in the materials prepared
and posted by You on the Site and all other prior intellectual property
rights that You may have, and may be protected by Singapore and International
copyright laws. Unauthorised use of the Material may violate copyright,
trademark, and other laws. Except with respect to materials prepared and
posted by You on the Site, You must retain all copyright, trademark, service-mark
and other proprietary notices contained in the original Material on any
copy You makes of the Material. Except to the extent owned by You or otherwise
permitted by license, You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in
any way for any public purpose. Except to the extent owned by You or otherwise
permitted by the Agreement, the use of the Material on any other web site
or in a networked computer environment for any purpose is prohibited.
Other than with respect to any Career Site Hosting pages, You shall not
copy or adapt the HTML code that the company creates to generate its pages.
Such HTML code is also protected by the Company's copyright (other than
Career Site Hosting pages).
Acceptable Site Use.
General Rules: You may not use the Site in order to transmit, distribute,
store or destroy material (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.
Site Security Rules: You are prohibited from violating or attempting
to violate the security of the Site, including, without limitation, (a)
accessing data not intended for such party or logging into a server or
account which such party is not authorised 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 authorisation, (c)
attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading,
"flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited email, 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 email or newsgroup
posting. Violations of system or network security may result in civil
or criminal liability. We may investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting parties who are involved in such violations.
Specific Prohibited Uses.
We specifically prohibits any use of the Site, and all users agree not
to use the Site, for any of the following:
Posting any incomplete, false or inaccurate information or, with respect
to job postings, information which is not your own accurate job posting.
Posting 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
(no significant salary), 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 the Site or any activity being conducted thereon.
Taking any action which imposes an unreasonable or disproportionately
large load on the Site's infrastructure.
Disclosing to or sharing a password with any party that is not expressly
permitted to use such password, or using a password for any unauthorised
purpose.
Attempting to decipher, decompile, disassemble or reverse engineer any
of the software comprising or in any way making up a part of the Site.
User Submissions.
You are responsible for your communications and (including without limitation
those ofyour users) for the consequence of postings and other submissions
of You and you users, if any. You shall not do, and You shall cause your
users not to do, the following things; post material that is copyrighted,
unless You are the copyright owner or has 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 or hateful; post sexually-explicit images
or statements; post advertisements or solicitations of business other
than job postings as contemplated by the Agreement, 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.
We do 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 on the Site
will be at your own risk.
This Site is a passive conduit for the online distribution and publication
of user-submitted information and we have no obligation to screen communications
or information in advance and we are not responsible for screening or
monitoring material posted by users. If notified by You or any other user
of communications which allegedly do not conform to the Agreement or these
TERMS of USE or, with respect to non-member users of the Site, which do
not conform to the TERMS of USE applicable to the public access areas
of the Site, We may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of the communication.
We have no liability or responsibility to Youor other users for performance
or non-performance of such activities. We reserve the right to remove
communications that are abusive, illegal or disruptive. We may take any
action with respect to user-submitted information that we deem necessary
or appropriate in our reasonable discretion if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services
of our ISPs or other suppliers.
Registration and Password.
You are responsible for maintaining the confidentiality of your information
and password(s) assigned to You or your users. You shall immediately notify
us of any unauthorised use of any password of which You become aware.
Our Liability.
The Site is only a venue and we do not screen or censor the listings offered.
We are not involved in the actual transaction between employers and candidates.
As a result, We have 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. 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 the Site.
Because user authentication on the Internet is difficult, We cannot and
do not confirm that each user is who he, she or it claims to be. Because
We do not and cannot be involved in user-to-user dealings or control the
behaviour of participants on any Site, in the event that You have a dispute
with one or more users, You release us (and our representatives, 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, to the extent resulting from
such disputes.
We are under no legal obligation to, and generally do not, control the
information provided by other users which is made available through the
Site. By its very nature, other people's information may be offensive,
harmful or inaccurate, and in some cases will be mis-labelled or deceptively
labelled. We expect that You will use caution and common sense when using
the Site.
The Material may contain inaccuracies or typographical errors. Except
and only to the extent expressly provided to the contrary in the Agreement,
(i) We make no representations about the accuracy, reliability, completeness,
or timeliness of the Site or the Material and (ii) changes are periodically
made b y us to the Site and may be made by us at any time.
You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any job posting or any material placed by You
on the Site.
We are not to be considered to be an employer with respect to Your use
of the Site and We shall not be responsible for any employment decisions,
for whatever reason made, made by any entity posting jobs on the Site.
Links to Other Sites.
The Site contain links to third party web sites. These links are provided
solely as a convenience to You and/or other users and not as an endorsement
by us of the contents on such third-party web sites. If You decide to
access linked third party web sites, You do so at your own risk.
General.
We make no claims that the Materials may be lawfully viewed or downloaded
outside of Singapore. Access to the materials may not be legal by certain
persons or in certain countries. If You access the Site from outside of
Singapore, you do so at your own risk and you are solely responsible for
compliance with the laws of, or applicable to, your jurisdiction. Jurisdiction
for any claims arising under the Agreement, including but not limited
to these TERMS of USE, shall lie exclusively with the courts within Singapore.
If any provision of these TERMS of USE are 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
of USE, which shall remain a full force of effect.
No waiver of any term of these TERMS of USE shall be deemed a further
or continuing waiver of such term or any other term.
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