| Terms
& Conditions for Using Spinhan.com |
| Acceptance
of these terms of service By using this site, you agree to the
terms of service outlined below. If you do not agree to these
terms of service, please do not use this site. We reserve the
right to change, modify, add or remove portions of these terms
at any time, whenever we want. If you continue to use the site
after we have posted changes to the terms, it means you have
accepted those terms. If you need to contact us, please e-mail
us at spinfo@spinhan.com. |
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| 1.
Intellectual Property Right of Spinhan.com Inc. |
| Spinhan.com
is the owner of all intellectual property rights (including
trade marks, system patents and copyrights) in the Spinhan.com.
Nothing contained herein shall be construed as granting to
you a license under any copyright, trademark, patent or other
intellectual property right of Spinhan.com or any third party,
except as expressly set forth herein."Spinhan.com",
"friending", "Direct resume banner (DRB)" and certain other
names and/or logos are trademarks and/or servicemarks of Spinhan.com
Inc. and all related product and service names, design marks
and slogans are the trademarks, service marks or registered
trademarks of Spinhan.com Inc. All other product and service
marks contained herein are the trademarks of their respective
owners. All editorial content and graphics on this site, as
well as the HTML based computer programs used to generate
pages, and the Website are protected by U.S. copyright laws
and international treaties and may not be copied without the
express permission ofspinhan.com, which reserves all rights."Content"
includes all Text, Graphics, Design and Programming used on
the spinhan.com Web site. "Text" includes all text on every
page of the Spinhan.com Web Site, whether editorial, navigational,
or instructional. "Graphics" includes all logos, buttons,
and other graphical elements on the Spinhan.com Web Site,
with the exception of paid advertising banners. "Design" includes
the color combinations and the page layout of the Spinhan.com
Web Site. "Programming" includes both client-side code (HTML,
JavaScript, etc.) and server-side code (Active Server Pages,
VBScript, databases, etc.) used on the Spinhan.com Web Site.
"Document" refers to any posting to the Spinhan.com Web Site,
whether job or resume. "User" refers to any individual who
uses any aspect of the Spinhan.com Web Site or its services.
Re-use of any of Spinhan.com's editorial content and graphics
for any purpose is strictly prohibited without Spinhan.com's
prior written permission. Please direct any requests for permission
to infot@spinhan.com. Please be aware that the information,
software, products and services published on this System may
include inaccuracies, typographical errors or out-of-date
information. Changes are made and items added to the System
and the information on it from time to time. spinhan.com may
make such changes or additions at any time at its sole discretion.
Spinhan.com takes no responsibility whatsoever for the activities
of its Members or their respective hiring, recruiting or other
practices (and/or any of the information posted or downloaded
by them on the System). Nothing on the System shall be deemed
to be an endorsement, representation or warranty with respect
to any Member or other third party, whether in regard to its
Web site, products, services or otherwise.
This
System may contain hyperlinks and/or other connections to
Web sites operated by parties other than Spinhan.com, including
but not limited to those of the Spinhan.com 's Member companies
and agencies or its advertisers (individually or collectively,
as the case may be, "Members"). Spinhan.com does not control
these Web sites and is not responsible for them, including
for their availability or content. Spinhan.com 's inclusion
of hyperlinks or other connections to such Web sites does
not imply any endorsement of material on them or any association
with their owners or operators. |
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| 2.
Terms & Condition |
| This
page contains the Terms and Conditions governing your use of
the Spinhan.com Web Site and its services. Please read this
page carefully. The following Terms and Conditions form a binding
Agreement between you and Spinhan.com. Your use of theSpinhan.com
Web Site indicates your acceptance of these Terms and Conditions.
If you do not accept these Terms and Conditions, you may not
use the Spinhan.com Web Site. Spinhan.com may revise the Agreement
at any time by updating this page. Changes to the Agreement
will also be binding on you. Any use of the Spinhan.com Web
Site or its services will be considered acceptance by you of
the then-current Terms and Conditions. If at any time you find
the Agreement unacceptable, you should no longer use Spinhan.com.
The use of Spinhan.com and its services is a privilege. Spinhan.com
reserves the right to suspend that privilege on an individual
basis for any reason at any time, in its sole discretion. Questions
concerning the use of the Spinhan.com Web Site and its services
should be directed to Feedback.
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| You
may not respond to postings by other Users in any manner or
for any purpose other than that which is expected (i.e., to
apply for the job or to initiate further discussion with the
candidate). Communications soliciting the employer's business
by our competitors are prohibited. You may not send unsolicited
commercial email to Spinhan.com Users. Protect your password.
You are responsible for maintaining the confidentiality of your
information and password, and you are responsible for all uses
of your registration, whether or not authorized by you. If others
use your password to post inappropriate material on the Spinhan.com
Web Site, you risk losing your access to the service. You agree
to notify Spinhan.com immediately of any unauthorized use of
your registration and password. Report inappropriate postings
or conduct to Feedback. You may not delete or revise any material
posted by any other person or entity.Spinhan.com
is under no obligation to monitor the conduct of its Users,
but it may investigate and respond when violations are reported.
Users who violate these Conduct Rules may be denied access to
the Site at Spinhan.com's discretion. Spinhan.com is the sole
interpreter of the Posting Rules. Security Rules: Users are
prohibited from violating or attempting to violate the security
of the Spinhan.com
Web Site, including, without limitation: accessing data not
intended for such user or logging into a server or account which
the user is not authorized to access; attempting to probe, scan
or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
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", "mailbombing" or "crashing";
sending unsolicited e-mail, including promotions and/or advertising
of products or services; 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. Violation of these Security
Rules may result in civil or criminal liability. Spinhan.com
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. 5.
Disclaimers and Limitations on Spinhan.com's Liability. Spinhan.com
assumes no responsibility for Documents posted by Users of the
Site. By accepting these Terms and Conditions, you assume sole
responsibility for the Documents you post on Spinhan.com
and for your conduct on or off the site. Spinhan.com
assumes no responsibility for the activities or conduct of Users.
Nothing on the Site shall be considered an endorsement, representation
or warranty with respect to any User or third party, whether
in regards to its web site, products, services, hiring, employment
or recruiting practices, or otherwise. Spinhan.com makes no
representations or guarantees regarding the truthfulness, accuracy,
completeness, timeliness or reliability of any Documents posted
by Users, or of any other form of communication engaged in by
Users. Documents may contain inaccuracies or typographical errors.
You acknowledge that any reliance on Documents posted by Users
of Spinhan.com, or on any other form of communication with Users
of Spinhan.com, will be at your own risk. Spinhan.com
makes no representations or guarantees regarding the Content
of the Site, including, but not limited to, broken links, inaccuracies
or typographical errors. Spinhan.com
makes no representations or guarantees regarding the accuracy,
reliability, completeness or timeliness of the Site or its Content.
By accepting these Terms and Conditions, you agree to use the
Site at your own risk. Spinhan.com
may change the Site at any time. |
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| Your
Responsibilities As one of the conditions of your use of the
Spinhan.com System, you represent, warrant and agree that you
will not use (or plan, encourage or help others to use) the
System for any purpose or in any manner that is unlawful, obscene,
libelous, an infringement of others' intellectual property rights,
or otherwise prohibited by these terms, conditions and notices
or by applicable law (including but not limited to any applicable
export controls). It is YOUR RESPONSIBILITY to ensure that your
use of the System complies with these terms, conditions and
notices and to seek prior written permission from Spinhan.com
for any uses not permitted or not expressly specified herein.
Monitoring, etc. Spinhan.com is under no obligation to monitor
the information residing on or transmitted via this System.
However, you agree that Spinhan.com may monitor the System contents
to (1) comply with any applicable laws, regulations or other
government requests; (2) to operate the System properly or to
protect itself and its users and Members; and (3) for such other
purposes as it may deem reasonably necessary or appropriate
from time to time. Spinhan.com reserves the right to modify,
reject or eliminate any information residing on or transmitted
to its System that it, in its sole discretion, believes is unacceptable
or in violation of these terms and conditions. Information Collection
The very nature of the service Spinhan.com requires that we
gather, process, use and distribute information which you provide
directly and is personally identifiable (e.g., name, physical
address, e-mail address, resume), as well as statistical and
other information regarding your use of the System. While the
use of the My CareerNext feature should provide you with a degree
of control over the distribution of information you submit,
Spinhan.com, cannot absolutely guarantee that your information
will be prevented from being viewed by any particular party
(particularly given the nature of the internet). Your use of
the System and direct submission of information grants to Spinhan.com,
and its affiliates the irrevocable right to reproduce, use,
disclose and distribute it to our Member Companies without restriction
or compensation. Spinhan.com shall be free to use statistical
and other non-personally identifiable information in any manner
it deems fit. If you have directly submitted information and
would like us to remove it from our database, please contact
us at the e-mail address listed above and we will use reasonable
efforts to delete your information from our then existing files.
We cannot control, or be liable for such efforts, or for any
past, present or future action or inaction by any or our Members.
You shall have absolutely no recourse against us as the System
provider for any alleged or actual infringement of any proprietary
rights you may have in anything you post on our System. |
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- SPINHAN.COM
DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THIS WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE
WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, SPINHAN.COM IS NOT RESPONSIBLE
FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK
FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THE
SPINHAN.COM WEB SITE AND ITS CONTENT ARE PROVIDED ON AN
'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED. SPINHAN.COM. TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPINHAN.COM
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.SPINHAN.COM is not an employment agency
or a recruiting firm, and makes no representations or guarantees
regarding the effectiveness or timeliness of the Site or
its Content in meeting the employment objectives of Users.
SPINHAN.COM does not guarantee that Documents posted by
Users will result in candidates being hired or positions
being filled, and is not responsible for any employment
decisions, for whatever reason made, which are made by any
User. IN NO EVENT SHALL SPINHAN.COM OR ADVERTISERS, BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS
TO, OR THE INABILITY TO USE OR ACCESS, THE SPINHAN.COM WEB
SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT SPINHAN.COM IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSDEQUENTIAL
OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE
PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS
SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE
OR UNENFORCEABLE FOR ANY REASON, THEN SPINHAN.COM 'S MAXIMUM
LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED
TO U.S. $100.00.
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| Web
Site Security Rules. Users are prohibited from violating or
attempting to violate the security of Spinhan.com, including,
without limitation, (i) accessing data not intended for such
user or logging into a server or account which such user is
not authorized to access, (ii) attempting to probe, scan or
test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization,(iii)
attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mailbombing" or "crashing", or (iv) sending unsolicited e-mail,
including promotions or advertising of products or services,
or (v) 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.
Spinhan.com 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.
Your Grants. By submitting (e.g., uploading) Content to the
System, you automatically grant Spinhan.com the royalty-free,
perpetual, irrevocable, non-exclusive, transferable right and
license to use, reproduce, modify (to comport with the System),
adapt, publish, distribute, translate, create derivative works
from, distribute, perform and display such Content (in whole
or part) worldwide or to incorporate it in other works in any
form, media, or technology now known or later developed, without
restriction or compensation. In addition, you warrant that all
so-called "moral rights" in the Content have been waived.Spinhan.com
and its designees shall have the right, but not the obligation,
in their sole discretion to edit, refuse to post, or remove
any Content posted on the System. Without limiting the foregoing,
Spinhan.com and its designees shall have the right to remove
any Content that violates these Terms or are otherwise objectionable.
You agree to indemnify and hold Spinhan.com harmless from any
third party claim, damages or demand, including reasonable attorneys'
fees, relating to or arising out of your violation of these
Terms, your representations and warranties, or your violation
of any rights of another. Monitoring, etc. Spinhan.com is under
no obligation to monitor the information residing on or transmitted
via this System. However, you agree that Spinhan.com may monitor
the System Contents to (1) comply with any applicable laws,
regulations or other government requests; (2) to operate the
System properly or to protect itself and its users and Members;
and (3) for such other purposes as it may deem reasonably necessary
or appropriate from time to time. Spinhan.com reserves the right
to modify, reject or eliminate any information residing on or
transmitted to its System that it, in its sole discretion, believes
is unacceptable or in violation of these terms and conditions.
Information Collection. The very nature of the service Spinhan.com
provides you requires that we gather, process, use and distribute
information which you provide directly (e.g., name, physical
address, e-mail address, resume), as well as information regarding
the manner in which you use the System. While the use of the
Hot Lock™ feature should provide you with a degree of control
over the distribution of information you submit,Spinhan.com
cannot guarantee that your information will be prevented from
being viewed by any particular party. If you have directly submitted
information and would like us to remove it from our database,
please contact us at the email address or phone number listed
above and we will use reasonable efforts to delete your information
from our then existing files. At your request, we will also
make reasonable efforts to forward a similar request on to up
to five Members specified by you; however, we cannot control,
or be liable for such efforts, or for any past, present or future
action or inaction by any of our Members. |
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| Certain
Rights & Obligations; Modification. Spinhan.com shall have the
right to terminate your ability to access this service at any
time without notice and to discontinue or modify any of the
information contained on this service, or the service, at any
time. Spinhan.com shall have the right to modify these terms
and conditions at any time. The user may not assign any part
of this Agreement without Spinhan.com prior written consent.
The user shall pay any taxes, except for those based on Spinhan.com's
annual net income. No waiver of any obligation or right of either
party shall be effective unless in writing, executed by the
party against whom it is being enforced. Enforcement, Interpretation,
etc. These terms shall be governed by internal New York and
relevant federal laws, and irrevocable consent is hereby granted
by both parties to the exclusive jurisdiction and venue for
any action or dispute in the state and federal courts located
in New York County, New York, U.S.A. Use of this System is unauthorized
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation
this paragraph. Notwithstanding the foregoing sentence, these
terms shall be severable and construed to the extent of their
enforceability in light of the parties' mutual intent if deemed
at all unenforceable by a competent court. Given the nature
of these terms, you understand and agree that, in addition to
money damages, Spinhan.com will be entitled to equitable relief
upon a breach of them by you. Specific Prohbited Uses. The Web
Site may be used only for lawful purposes by individuals seeking
employment and career information and employers seeking employees.
Spinhan.com 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 resume
(living individual seeking employment on a full-time or part-time
basis on his or her own behalf). 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 this Web Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately
large load on this Web 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 this Web
Site other than the search engine and search agents available
from the Company on this Web 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 the Web Site. |
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