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1.
ACCEPTANCE OF TERMS
JobsPower provides Job Match
features and service to you, subject to the following Terms of Service, which may be
updated by us from time to time without notice to you; provided that, we will not alter
Section 7 (Content Submitted to JobsPower ) without prior notice to and acceptance
by you.
2.
DESCRIPTION OF SERVICE
JobsPower currently provides users
with access to a Job Match service (the "Services"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Services, including the
release of new JobsPower resources, shall be subject to the Terms of Service. In order to
use the Service, you must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In
consideration of use of the Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or JobsPower has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, JobPower has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
4.
JOBSPOWER PRIVACY POLICY
Pursuant to JobsPower 's privacy
policy, we may disclose to third parties certain aggregate information contained in your
Registration Data or related data, provided that, such information will NOT include
personally identifying information, except as specifically authorized by you or in the
good faith belief that such action is reasonably necessary to comply with the law, legal
process, to enforce the Terms of Service, or under any of the other circumstances set
forth in our privacy policy, as may be amended from time to time. Click here for
complete Privacy Policy.
5. MEMBER CONDUCT
You understand that all
information, data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated. This means
that you, and not JobPower , are entirely responsible
for all Content that you upload, post or otherwise transmit via the Service. JobsPower
does not control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
You
agree to not use the Service to:
(a)
upload, post or otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
(b)
harm minors in any way;
(c)
impersonate any person or entity, including, but not limited to, a JobsPower official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
(d)
forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service or develop restricted or password-only access
pages, or hidden pages or images (those not linked to from another accessible page);
(e)
upload, post or otherwise transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(f)
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
(g)
upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas of
the Service that are designated for such purpose;
(h)
upload, post 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;
(i)
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
(j)
interfere with or disrupt the Services or servers or networks connected to the Services,
or disobey any requirements, procedures, policies or regulations of networks connected to
the Services;
(k)
intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the local
Stock Exchange, any rules of any national or other securities exchange without limitation
and any regulations having the force of law;
(l)
"stalk" or otherwise harass another;
(m)
collect or store personal data about other users;
(n)
promote or provide instructional information about illegal activities, promote physical
harm or injury against any group or individual, or promote any act of cruelty to animals.
This may include, but is not limited to, providing instructions on how to assemble bombs,
grenades and other weapons, and creating "Crush" sites;
(o)
use any service (or directory) as storage for remote loading or as a door or signpost to
another home page, whether inside or beyond JobsPower ;
(p)
engage in commercial activities without enrolling in JobsPower -approved affiliate
programs. This includes, but is not limited to, the following activities:
offering
for sale any products or services;
soliciting
for advertisers or sponsors;
conducting
raffles or contests that require any type of entry fee;
displaying
a sponsorship banner of any kind, including those that are generated by banner or link
exchange services, with the sole exceptions of a JobsPower Banner Exchange program and the
Internet Link Exchange; and
displaying
banners for services that provide cash or cash-equivalent prizes to users in exchange for
hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from US or the country in which you reside.
7.
CONTENT SUBMITTED TO JOBSPOWER
JobsPower does not claim ownership of the
Content you place or upload to any JobsPower Service. By submitting Content to JobsPower
for inclusion in a JobsPower Feature, you grant JobsPower the world-wide, royalty-free,
and non-exclusive license to reproduce, modify, adapt and publish the Content solely for
the purpose of displaying, distributing and promoting JobsPower on JobsPower 's Internet
properties. This license exists only for as long as you continue to be a JobNext Member
and shall be terminated at the time your JobsPower Membership is terminated.
You
acknowledge that JobsPower does not pre-screen Content, but that JobsPower and its
designees shall have the right (but not the obligation) in their sole discretion to refuse
or remove any Content that is available via the Service. Without limiting the foregoing,
JobsPower and its designees shall have the right to remove any Content that violates the
Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold
JobsPower
, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your Content, your use of the Service, your
connection to the Service, your violation of the Terms of Service, or your violation of
any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that JobsPower may establish
general practices and limits concerning use of the Service.
11. MODIFICATIONS TO SERVICE
JobsPower reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that JobsPower shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that JobsPower , in its sole
discretion, may terminate your password, JobsPower Membership, use of the Services, and
remove and discard any Content within the Services, for any reason, including, without
limitation, for lack of use or if JobsPower believes that you have violated
or acted inconsistently with the letter or spirit of the Terms of Service. JobsPower may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any provision
of this Terms of Service may be effected without prior notice, and acknowledge and agree
that JobsPower may immediately deactivate or delete your JobsPower Membership and all
related information and files in your JobsPower Membership and/or bar any further access
to such files or the Services. Further, you agree that JobsPower shall not be liable to
you or any third-party for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
JobsPower runs advertisements and
promotions on JobsPower Features. By using JobsPower Features, you agree that JobsPower has the right to run such
advertisements and promotions. The manner, mode and extent of advertising by JobsPower on
its Community Features is subject to change. Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that JobsPower shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or
third parties may provide, links to other World Wide Web sites or resources. Because JobsPower has no control
over such sites and resources, you acknowledge and agree that JobsPower is not responsible
for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that JobsPower
shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
15.
JOBSPOWER
PROPRIETARY RIGHTS
You acknowledge and agree that
the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by JobsPower or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
JobsPower grants you a personal,
non-transferable and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface that is
provided by JobsPower for use in accessing the Service.
16.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. JobsPower EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)
JobsPower MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
(c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JobsPower OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT JobsPower SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JobsPower HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS
If you intend to create or join
any service, receive or request any news, messages, alerts or other information from the
Service concerning companies, stock quotes, investments or securities, please read the
above Sections 16 and 17 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. JobsPower shall not be responsible
or liable for the accuracy, usefulness or availability of any information transmitted via
the Service, and shall not be responsible or liable for any trading or investment
decisions made based on such information.
20. NOTICE
Notices to you may be made via
either email or regular mail. The Service may also provide notices of changes to the Terms
of Service or other matters by displaying notices or links to notices to you generally on
the Service.
21. COPYRIGHTS
JobsPower respects the intellectual
property rights of others and we ask our users to do the same.
22. GENERAL INFORMATION
The Terms of Service constitute
the entire agreement between you and JobsPower and govern your use of the
Service, superceding any prior agreements between you and JobsPower (including, but not
limited to, any prior versions of the Terms of Service). You also may be subject to
additional terms and conditions that may apply when you use affiliate or other JobsPower
services, third-party content or third-party software. The Terms of Service and the
relationship between you and JobsPower shall be governed by the laws of USA without regard
to its conflict of law provisions. You and JobsPower agree to submit to the personal and
exclusive jurisdiction of the courts located within the USA. The failure of JobsPower to exercise or
enforce any right or provision of the Terms of Service shall not constitute a waiver of
such right or provision. If any provision of the Terms of Service is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Service remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms of Service must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The section titles in
the Terms of Service are for convenience only and have no legal or contractual effect.
23.
Miscellaneous Provisions
(a) Each of the provisions of these Terms and Conditions is severable and distinct from
the others. If at any time any provision of these Terms and Conditions is or becomes
illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall
not vitiate or affect the legality, validity and enforceability of any of the other
provisions hereof.
(b) In the event of any inconsistency between the English and Chinese
versions of these Terms and Conditions, the English version of these Terms and Conditions
shall prevail.
24. Governing Laws and Jurisdiction
JobsPower.com, the
Services and these Terms and Conditions shall be governed by and construed in accordance
with the laws of Hong Kong. The Member hereby irrevocably submits to the non-exclusive
jurisdiction of courts of Hong Kong.
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