CV
Target.com Terms of Use Agreement ("Agreement")
Last amended on September 10 2006
Welcome to CV Target, the service for job seekers to distribute
their CV to recruiters. CV Target Ltd ("CV Target"
or "we" or "us"), a company registered
in England.
This legal notice applies to the entire contents
of this website under the domain www.cvtarget.com ("Website")
and to any correspondence by e-mail between us and you. Please
read these terms and conditions carefully before using this
Website. Using this Website indicates that you accept these
terms without modification regardless of whether or not you
choose to register with us as a member and constitutes you
being a party to this Agreement. If you do not accept these
terms, do not use this Website.
Once you have completed your online registration
procedure, your account has been activated and you have entered
into a legally binding contract for the provision of the CV
Target service (the "Service").
1. Eligibility.
You must be 18 years or over to register as a member of CV
Target or use the Website. Membership of the Service is invalid
where it has been prohibited. By using the Website, you represent
and warrant that you have the right, authority, and capacity
to enter into this Agreement and to abide by all of the terms
and conditions of this Agreement.
2. Registration
and Subscription.
You may become a member of the Service at no cost. As a member you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with recruiters, head hunters or direct employers, you must become a paying subscriber to the Service. This rate list is part of this Agreement. We can change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by writing to our address listed below.
3. Term and
Termination.
This Agreement will remain in full force and effect while
you are a member of the Service. Under the United Kingdom
Consumer Protection (Distance Selling) Regulations 2000, you
can postpone commencement of the Service until the seven working
day cooling-off period has expired. However, if you choose
to become a member, you are electing to commence the Service
immediately and you thereby waive any right to cancel the
Service under the above Regulations. Members who are unhappy
with our service in any way may cancel within the first 28
days - no questions asked.
You may terminate your membership at any
time, for any reason, effective upon receipt by us of your
written or email notice of termination. You may contact us
at our address listed below or you may email us here.
We may immediately terminate your membership
and your access to the Service at any time because you have
breached this Agreement and will send you notice of termination
at the email address you provide in your application for membership
or such other email address as you may later provide to us.
If we terminate your membership of the Service because you
have breached the Agreement, we will refund any pre-payments
made by you less reasonable costs and losses we have incurred.
We can terminate this Agreement at any time by giving you
reasonable advance written notice.
If you terminate your subscription, your
subscription will remain active until the end of the period
through which you had paid prior to your termination. In the
case of violation of one or more of the terms of this Agreement
by you (in particular Clauses 6 and 7), we may block your
account(s), delete or prevent publication of all or part of
your CV or personal information. We may also block your access
to all or part of the Service, either permanently or temporarily.
CV Target may deactivate the accounts of
members who have not used the Service for a period of six
months or more (as calculated by the date of last connection
to the Service) unless you are a paying subscriber.
4. Non Commercial
Use by Members.
The Website is for the personal use of individual members
only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may
not become members and should not use the Service or the Website
for any purpose other then recruitment. Illegal and/or unauthorized
uses of the Website, including collecting usernames and/or
email addresses of members by electronic or other means for
the purpose of sending unsolicited email and unauthorized
framing of or linking to the Website will be investigated,
and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress.
5. Proprietary
Rights
Content on CV Target. CV Target owns and retains all proprietary
rights in the Website and the Service. The Website contains
the copyrighted material, trademarks, and other intellectual
property and proprietary information of CV Target, and its
licensors. Except for that information which is in the public
domain or for which you have been given written permission,
you may not copy, modify, publish, transmit, distribute, perform,
reproduce, license, create derivative works from, transfer
display, or sell or re-sell any such intellectual property
or proprietary information.
6. Content
saved and sent on or from the Site and Prohibited Content.
I. The information that you supply to
CV Target and post on the Website must be accurate and conform
to reality.
II. Other than personally identifiable
information which relates to a living individual who can
be identified from that information, which will be used
in accordance with our Privacy Policy, any material that
you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations
with respect to such material. We and our designees will
be free to copy, disclose, distribute, incorporate and otherwise
use such material and all data, images, sounds, text and
other things embodied therein for any and all commercial
or non-commercial purposes.
III. CV Target may review and delete any
CV’s ,information, photos or profiles (collectively,
"Content") that in the reasonable judgment of
CV Target violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten
the safety of members.
IV. You are solely responsible for the
Content that you publish, submit, send or display (hereinafter,
"post") on the Service, or transmit to recruiters,
headhunters or direct employers via the Service. You represent
and warrant that at any time of posting the Content is (a)
accurate, (b) not in breach of this Agreement, and (c) not
harmful to any person in any way.
V. By sending Content to any recruiter,
headhunter or direct employer of CV Target, you automatically
grant, and you represent and warrant that you have the right
to grant, to CV Target an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display,
and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sub-licenses
of the foregoing.
- VI. The following is a partial list of the kind of Content
that is illegal or prohibited on the Website. CV Target
reserves the right to amend this list at any times and
to investigate and take appropriate legal action in its
sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication
from the Service and terminating the membership of such
violators. It includes Content that:
is patently offensive to the online community, such as
Content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
- constitutes a profile or photographs of any third person.
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail",
"chain letters," or unsolicited mass mailing
or "spamming";
- promotes information that you know is false, misleading
or promotes illegal activities or promotes conduct, or
that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another
person’s copyrighted work, such as providing pirated
computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
- contains restricted or password only access pages,
or hidden pages or images (those not linked to or from
another accessible page);
- provides material that exploits people under the age
of 18 in a sexual or violent manner, or solicits personal
information from anyone under 18;
- provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information
for commercial or unlawful purposes from other users;
and
- engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
VII. You must use the Service in a manner consistent with
any and all applicable laws, regulations and codes of conduct.
VIII. You shall not engage in advertising
to, or solicitation of, other members to buy or sell any
products or services through the Service or to attend parties
or other social functions or networking for commercial purposes.
You may not transmit any chain letters or junk email to
other members.
Although CV Target cannot monitor the conduct
of its members off the Website, it is also a violation of
these rules to use any information obtained from the Service
in order to harass, abuse, or harm another person, or in order
to contact, advertise to, solicit, or sell to any member without
their prior explicit consent. In order to protect our members
from such advertising or solicitation, CV Target reserves
the right to restrict the number of emails which a member
may send to other members in any 24-hour period to a number
which CV Target deems appropriate in its reasonable discretion.
7. Prohibited Activities.
CV Target reserves the right to investigate and terminate
your membership if you have misused the Service, or behaved
in a way which could be regarded as inappropriate or whose
conduct is unlawful or illegal. The following is a partial
list of the type of actions that you may not engage in with
respect to the Service:
- You will not impersonate any person or entity.
- You will not harass any person.
- You will not express or imply that any statements you
make are endorsed by CV Target without our specific prior
written consent.
- You will not use any robot, spider, site search/retrieval
application, or other manual or automatic device or process
to retrieve, index, "data mine", or in any way
reproduce or circumvent the navigational structure or presentation
of the Service or its contents.
- You will not post, distribute or reproduce in any way
any copyrighted material, trademarks, or other intellectual
property or proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other
proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or
the site or the servers or networks connected to the Services
or the site.
- You will not post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any information transmitted
through the Service.
- You will not "frame" or "mirror" any
part of the Service or the Website, without CV Target’s
prior written authorization. You also shall not use meta
tags or code or other devices containing any reference to
CV Target or the Service or the site in order to direct
any person to any other web site for any purpose.
- You will not transmit or post any material which constitutes
or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party
in the UK .
Except and only to the extent permitted under
applicable law, you will not modify, adapt, sublicense, translate,
sell, reverse engineer, decipher, decompile or otherwise disassemble
any portion of the Service or the Website or any software
used on or for the Service or cause others to do so.
8. Account Security.
You are responsible for maintaining the confidentiality of
the username and password that you designate during the registration
process with the Service, and you are fully responsible for
all activities that occur under your username and password.
You agree to (a) immediately notify CV Target of any unauthorized
use of your username or password or any other breach of security,
and (b) ensure that you exit from your account at the end
of each session. CV Target will not be liable for any loss
or damage arising from your failure to comply with this provision.
You should use particular caution when accessing your account
from a public or shared computer so that others are not able
to view or record your password or other personal information.
9. Copyright
Policy.
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other intellectual property
or proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied
and posted on the service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the
following information: an electronic or physical signature
of the person authorised to act on behalf of the owner of
the copyright interest; a description of the copyrighted work
that you claim has been infringed; a description of where
the material that you claim is infringing is located on the
Website; your address, telephone number, and email address;
a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner,
its agent, or the law; a signed statement by you, , that the
above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf.
10. Disputes.
You are solely responsible for your interactions with recruiters,
headhunters, or direct employers who use the CV Target Service.
CV Target reserves the right, but has no obligation, to monitor
disputes between you, recruiters, headhunters and direct employers.
11. Privacy.
Use of the Website and/or the Service is also governed by
our Privacy Policy. The personal information (including sensitive
personal information) you provide to us will be stored on
our computers. You consent to us using this information to
build up a profile of interests, preferences and browsing
patterns and to allow you to participate in the Services.
12. Service
Access.
While CV Target endeavours to ensure that this Website is
normally available 24 hours a day, we do not guarantee that
it will be uninterrupted or error free.
Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair
or for reasons beyond our control.
13. Disclaimers.
The material at this Website is provided ‘as is’
without any conditions, warranties or other terms of any kind.
Accordingly, to the maximum extent permitted by law, CV Target
provides you with this Website on the basis that CV Target
excludes all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and the
use of reasonable care and skill) which but for this legal
notice might have effect in relation to this Website.
We do not represent or endorse the accuracy
or reliability of any advice, opinion, statement or other
information displayed, uploaded or distributed through the
Service by us, our partners or any member or any other person
or entity. You acknowledge that any reliance upon such opinion,
advice, statement or information is at your own risk. We are
not responsible for the conduct, whether online or offline
of our members. Please use caution and common sense when using
the Website and the Service. THIS LEGAL NOTICE AND THE FOREGOING
DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS
THAT CANNOT BE EXCLUDED UNDER APLICABLE LAW INCLUDING YOUR
STATUTORY RIGHTS AS A CONSUMER.
14. Limitation
on Liability.
Nothing in this legal notice shall exclude or limit CV Target’s
liability for (i) death or personal injury caused by negligence
[(as such term is defined by the Unfair Contract Terms Act
1977)]; (ii) fraud; (iii) misrepresentation as to a fundamental
matter; or (iv) any liability which cannot be excluded or
limited under applicable law.
Subject to the foregoing, CV Target will
not be liable or responsible to you or any third person for
any amount or kind of loss or damage that may result (including
without limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption of any
type, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with the Service or this
Website in any way or in connection with the use, inability
to use or the results of use of this Website.
Subject to the foregoing, CV Target’s
liability to you for any cause whatsoever, and regardless
of the form of the action, will at all times be limited to
the amount paid, if any, by you to CV Target for the Service
during the term of membership.
15. Modifications
to this Agreement.
We may alter or amend our terms and conditions upon giving
reasonable notice in advance of such amendment taking effect.
If upon receiving any notice, if you do not wish to continue
with the Service, you may terminate the contract upon giving
us notice, such notice to take effect upon the earlier of
our receipt of your notice or the date upon which the amended
terms and conditions would otherwise have taken effect. You
will be deemed to have accepted any alteration and/or amendment
if you continue to use the Service after the relevant period
of notice has expired.
16. Ownership
of rights.
All materials on the Website are copyrighted and are protected
under treaty provisions and world-wide copyright laws. All
rights reserved. CV Target materials may not be reproduced,
copied, edited, published, transmitted or uploaded in any
way without CV Target’s written permission. CV Target
does not grant any express or implied right to you under any
of its trademarks, copyrights or other intellectual property
or proprietary information.
17. Release.
In the event that you have any claim or action against any
other member arising from that member’s use of our Website
or the Service, you agree to pursue such claim or action independently
of and without any demands from us, and you release us from
all claims, liability and damages, arising from or in any
way connected to the claim or action.
In the event that a claim or action is brought
against us from your activities or use of the Website or the
Service, including any breach by you of this Agreement or
any charges or complaints made by other parties against you,
you agree to pay, hold harmless and defend us in the claim
or action. You also agree to cooperate as fully as reasonably
required in the defense of any claim and allow us to assume
the exclusive defense and control of the matter.
18. Severance.
If any part of this Agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the Agreement shall continue in effect.
19. Assignment.
CV Target. may, and you may not, assign, convey, subcontract
or delegate rights, duties or obligations hereunder.
20. Relationship.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and CV Target as
a result of this agreement or use of this Website.
21. Disputes.
If there is any dispute about or involving the Website and/or
the Service, by using the Website, you agree that the dispute
will be governed by the laws of England and Wales without
regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the courts of London, United
Kingdom.
22. Other.
This Agreement, accepted upon use of the Website and further
affirmed by becoming a member of the Service, contains the
entire agreement between you and CV Target regarding the use
of the Website and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
23. Contact
Information.
If you have any questions about the rights and restrictions
above, please contact us at tc@cvtarget.co.uk
© All rights Reserved CV Target 2006
I HAVE READ THIS AGREEMENT AND AGREE TO ALL
OF THE PROVISIONS CONTAINED ABOVE.
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