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1. JOBYOYO PARTNERSHIP PRIVACY POLICY 2. TERMS AND CONDITIONS OF USE OF SITE |
1.
TERMS AND CONDITIONS OF USE OF
SITE
Please
read these Terms and Conditions carefully before using this Site.
Last
Updated on May 18, 2006
This
web site (this "Site") is provided by JobYoYo Partnership ("JobYoYo"),
conditional on your acceptance of the terms and conditions of use set forth
below (the "Terms and Conditions"). By accessing, using or
downloading messages, information, data, text, software, images or other
materials from this Site (the "Content"), or by sending messages, information,
data, text, software, images or other materials to this Site
("Materials"), you agree on your own behalf and on behalf of any
entity on whose behalf you may act to accept and abide by these Terms and
Conditions for each use and each visit of this Site. If you do not agree to
abide by these Terms and Conditions, you should not use this Site or download
or use Content from it. These Terms and Conditions apply exclusively to your
access to and use of this Site and do not alter the terms or conditions of any
other agreement you may have with JobYoYo. In case of inconsistency between
these Terms and Conditions and any other agreement you may have with JobYoYo,
the other agreement shall prevail, but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
3. Permitted and Prohibited Uses
6. Links and Third Party Materials
8. Agreement to Privacy Policy
9. Disclaimers
11. Indemnity
12. Choice of Law
13. Arbitration
14. General
1. Changes to Terms and Conditions
JobYoYo has the right, in its sole discretion, to add to, remove, modify or
otherwise change any part of these Terms and Conditions in whole or in part, at
any time. Changes will be effective when notice of such change is posted at
this Site. Please check these Terms and Conditions frequently for updates by
checking the date of "Last Update" at the top of this document. If
any change is not acceptable to you, you must discontinue your use of this Site
immediately. Your continued use of this Site or downloading or use of Content
from it after any such changes are posted will constitute acceptance of those
changes.
2. Changes to this Site
JobYoYo may terminate, change, suspend or discontinue any aspect of this Site,
including (i) changing the availability of any features at any time without
notice or liability; (ii) changing any fees or charges for use of the Site,
including instituting new or increased fees or charges for the use of the Site
or any other Site-related services (the "Services") or any features
thereof; (iii) removing, adding, modifying or otherwise changing any Content on
or from this Site; or (iv) imposing limits on certain features and Services or
restricting your access to parts or all of this Site without notice or
liability for any reason whatsoever. JobYoYo reserves the right but not the
duty, in its sole discretion, to correct any errors or omissions in any portion
of this Site at any time without notice.
3. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking employment
and career information ("Candidates"), and by employers
("Employers") and recruitment companies ("Recruiters")
seeking employees. You agree to use the Site only to send Materials and receive
Content that are proper and related to the purpose of the Site.
Subject
to these Terms and Conditions, JobYoYo grants you a non-exclusive,
non-transferable, limited right to access, use and view this Site and the
Content thereon, solely for your own personal or internal company use,
provided, however, that you may not, nor may you allow others to, directly or
indirectly: (i) remove, from any copy of the Content downloaded, the copyright
or other proprietary notices contained in the Content; (ii) sell, reproduce,
modify or attempt to modify the Content in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any public or
commercial purpose, including without limitation use of the Content on any
other web site; (iii) transfer the Content to any other person without the
written consent of JobYoYo; (iv) print or copy any of the HTML or other
computer programs that are accessible at this Site; (v) use this Site in any
manner that could damage, disable, overburden or impair this Site; (vi)
interfere with the security of, or otherwise abuse, this Site or any services,
system resources, accounts, servers or networks connected to or accessible
through this Site or affiliated or linked sites; (vii) disrupt or interfere
with any other person's use or enjoyment of this Site or affiliated or linked
sites; (viii) upload, post or otherwise transmit on this Site any Materials
that would negatively affect the functioning of the Site, including without
limitation computer viruses, Trojan horses, worms or other harmful, disruptive
or destructive files or computer programs or that imposes an unreasonable or
disproportionately large load on this Site's infrastructure; (ix) use any
robot, spider or other automatic program or device, or manual process to
monitor, copy, summarize, or otherwise extract information from this Site or
the Content in whole or in part; (x) use or attempt to use another's account,
password, service, system or other information without prior written
authorization from JobYoYo; (xi) create or use a false identity on this Site;
(xii) attempt to obtain unauthorized access to this Site or portions of this
Site that are restricted from general access; (xiii) transmit on, to or from
this Site spam, chain letters, junk mail or any other type of unsolicited mass
e-mail; (xiv) harvest or otherwise collect information about others, except for
the sole stated purposes provided by this Site, including e-mail addresses,
without their consent; or (xv) register an e-mail address that you do not own
or for which you do not have the express permission of the owner to register.
You
may post certain Materials to the Site. You may only post Materials for the
lawful, stated purposes of this Site. You agree, that in posting Materials, you
will not, nor will you allow others to, directly or indirectly: (i) post any
incomplete, false or inaccurate biographical information or information which
is not your own accurate resume; (ii) post any franchise, pyramid scheme,
multi-level marketing (MLM) opportunity, "club membership",
distributorship or sales representative agency arrangement or other business
opportunity which requires an up front or periodic payment, requires
recruitment of other members, sub-distributors or sub-agents; (iii) delete or
revise any material posted by any other person or entity; (iv) post or transmit
any Materials that are unlawful, harmful, threatening, abusive, harassing,
defamatory, libellous, vulgar, obscene, or tortuous or materials which infringe
or violate any third party's copyright, trademark, trade secrets, privacy or
other proprietary or property right or that could constitute a criminal
offence, give rise to civil liability or otherwise violate any applicable law;
(v) impersonate any person or entity, including without limitation a JobYoYo
employee or agent, an authorized user of JobYoYo' Services, a Candidate, an
Employer or a Recruiter, or otherwise misrepresenting your affiliation with any
person or entity; (vi) post opinions, notices or advertisements, commercial or
otherwise or solicit business from Recruiters or Employers who post on the
Site, including any solicitation by any of our competitors of Recruiters or
Employers who post on the Site.
In
addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted in the course of your usage of this
Site, and that you will comply with all laws that apply or may apply to your
use of or activities on this Site or in respect of the Materials and Content. JobYoYo
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.
JobYoYo
reserves the right at all times to disclose any Materials provided by you as
necessary to satisfy any law, regulation or governmental request, or to edit,
refuse to post or remove any Materials, in whole or in part, that in JobYoYo'
sole discretion is objectionable or in violation of these Terms and Conditions.
4. Registration and Password
You are responsible for maintaining the confidentiality of your registration
information and password. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
JobYoYo of any unauthorized use of your registration or password.
5. Proprietary Rights
Limited License and Copyright. This Site, including all Content, is protected
by Canadian and worldwide copyright laws and treaty provisions. You agree to
comply with all copyright laws worldwide in your use of this Site and to
prevent any unauthorized copying of the Content. Except as expressly provided
herein, JobYoYo does not grant any express or implied right or license to you
under any intellectual property right, including under any patent, trademark,
copyright, trade secret, or confidential information, of JobYoYo.
Trademarks.
The Service names, company names and logos used on this Site may be trademarks,
including registered trademarks of JobYoYo. Such Service names, company names
and logos of JobYoYo may not be copied, imitated or used, in whole or in part,
without the prior written consent of JobYoYo. Other services and company names
mentioned on this Site may be the trademarks of their respective owners.
Reservation
of Rights. JobYoYo' Services, methods and processes may be covered by one or
more patents or other intellectual property rights, and are subject to trade
secret and other proprietary rights. JobYoYo reserves all such rights.
Software.
Any software, including calculator software, as well any files or images
generated by such software, code and data accompanying such software (the
"Software"), used or accessible through this Site is the copyrighted
work of JobYoYo or its licensors. Unless provided for elsewhere, you are
licensed to use the Software on a non-exclusive basis for the purposes
expressly stated on this Site. Except as permitted by law, you may not use the
Software for any other purpose or attempt to decipher, decompile, disassemble
or reverse engineer any of the Software comprising or in any way making up a
part of the Site.
6. Links and Third Party Materials
Certain links on this Site may take you to other web sites. JobYoYo provides
these links only as a convenience. These linked sites are not necessarily under
the control of JobYoYo. If you use these sites, you will leave this Site. If
you decide to visit any linked site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses and
other destructive elements.
JobYoYo
is not responsible for the contents of any such linked page or any other page
not under its control. JobYoYo makes no representation or warranty regarding,
and does not endorse, any linked web sites, the information appearing thereon
or any of the products or services described. Links do not imply that JobYoYo
sponsors, endorses, is affiliated or associated with, or is legally authorized
to use any trademark, trade name, logo or copyright symbol displayed in or
accessible through the links, or that any linked site is authorized to use any
trademark, trade name, logo or copyright symbol of JobYoYo.
7. Linking Agreement
JobYoYo welcomes links to its Internet web home page. If you want to link to this
Site, you may do so, provided you agree to the link conditions (the "Link
Conditions") described below. By establishing a link to this Site, you
will be deemed to have agreed to these Link Conditions:
a. A
link may be established to the following home page (the "Home Page")
of this Site: http://www.JobYoYo.com or you may obtain a JobYoYo Job Search box
by filling in the form located at http://www.JobYoYo.com/site/search-boxes.html.
Links may not be established to any other pages on this Site without JobYoYo'
written permission.
b. If
you link to this Site, JobYoYo grants you a limited, non-exclusive,
non-transferable, royalty-free license to use the JobYoYo trademark and
Internet icons, if available, (the "Licensed Marks") solely for the
purpose of serving as a link from your web site to this Site. Except for the
limited license to use the Licensed Marks granted in this paragraph, you may
not use any of JobYoYo' trademarks or service marks (the "Marks") for
any reason without JobYoYo' prior written permission.
c. You
acknowledge that all rights to the Marks, the content appearing on the JobYoYo
Website pages (the "Web Pages") and the "look and feel" of
the Web Pages belong to JobYoYo. You will not at any time directly or
indirectly contest or infringe these rights.
d. If
you link to this Site, your web site:
i.
may not create frames around any
part of this Site or use other techniques that alter the visual presentation of
this Site;
ii.
may not imply that JobYoYo is
endorsing you or your products or services.
iii.
may not imply an affiliation
between your company and JobYoYo without the prior written consent of JobYoYo;
iv.
may not misrepresent your
relationship with JobYoYo or present false or misleading impressions about JobYoYo'
Services; and
v.
may not contain materials that may
be interpreted as distasteful or offensive and should be appropriate for all
age groups;
e. JobYoYo
shall have no responsibility or liability for any content appearing on your web
site;
f.
JobYoYo may at any time, in its
sole discretion, immediately terminate your license to use the Licensed Marks
and your right to link to this Site, with or without cause. If JobYoYo
exercises this right, you will immediately remove all links to this Site and
cease using the Licensed Marks;
JobYoYo
may amend these Link Conditions at any time. You agree to abide by these Link
Conditions and other legal terms and conditions on this Site, as amended from
time to time.
8. Agreement to Privacy Policy
You agree to abide by the JobYoYo privacy policy, a copy of which is accessible
from the home page of this Site
9. Disclaimers
You acknowledge that any use of or reliance on this Site or any Content shall
be at your sole risk. JobYoYo makes no representation or warranty of any kind
regarding the Site and/or the Content, including with respect to the
information provided by third party legal and other consultants, all of which
are provided on an "AS IS" basis. JOBYOYO EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. JOBYOYO
DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT
INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
Without
limiting the generality of the foregoing, the information provided on this Site
is for general informational purposes only. Information provided on the Site
with a by-line, identification of publication source, or any other sort of
third-party identifier, including the Legal Q&A and other columns, is
provided by third parties on an "As Is" basis, and JobYoYo does not
review it. JobYoYo and its third party consultants do not warrant or guarantee
the truth, accuracy or completeness of this information. No lawyer-client,
advisory, fiduciary or other relationship is created by accessing or otherwise
using this Site. The Ontario Legal Q&A and the Québec Legal Q&A
provide information only about the laws in force in their respective provinces
and do not provide information about the laws in force in any other Canadian
province or in any other jurisdiction. It is not intended to be legal advice of
any kind. No one should act, or refrain from acting, based solely upon this or
other general information without first seeking appropriate legal or other
professional advice.
This
Site acts as a venue, among other things, for Recruiters and Employers to post
job opportunities and Candidates to post resumes.
JobYoYo
does not screen or censor the listings offered. As a result, JobYoYo has no
control over the quality, safety or legality of the jobs or resumes posted, the
truth or accuracy of the listings, the ability of Recruiters or Employers to
offer job opportunities to Candidates or the ability of Candidates to fill job
openings. In addition, there may be risks, including but not limited to risk of
physical harm of dealing with strangers, foreign nationals, underage persons or
people acting under false pretences. 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, JobYoYo cannot and does not
confirm that each user is who they claim to be. Because we do not and cannot be
involved in user-to-user dealings or control the behaviour of participants on
this Site, in the event that you have a dispute with one or more users, you
release JobYoYo (and our agents and employees) from all claims, demands and
damages of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes.
JobYoYo
is under no legal obligation to, and generally does not, control the Materials
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 mislabelled or deceptively labelled. JobYoYo does not
guarantee, and makes no representations or warranties as to the truthfulness,
accuracy, reliability, currency, veracity or completeness of the Content or
about the results to be obtained using the Content. The use of the Site and the
Content is at your own risk. Changes are periodically made to the Site and may
be made at any time.
This
Site contains materials, data and information which is provided, posted or
offered by third parties, including third party provided content,
advertisements and user content. You agree that JobYoYo shall have no liability
whatsoever for any such third party material, data or information.
You
acknowledge and agree that you are solely responsible for the form, content and
accuracy of any resume, posting or other Materials placed by you, as applicable
on the Site.
JobYoYo
shall not be responsible for any employment decisions, for whatever reason
made, by any entity posting jobs on the Site.
10. Limitation of Liability
YOU AGREE THAT JOBYOYO AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION
OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING
FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR
ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF
A THIRD PARTY, EVEN IF JOBYOYO, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that JobYoYo'
aggregate liability for damages shall be limited to $100.
The
limitations of liability and disclaimers in these Terms and Conditions apply
regardless of the form of action, whether in contract, warranty, civil
liability, delict, quasi-delict, strict liability, negligence, or other tort
and shall survive a fundamental breach or breaches, or the failure of the
essential purpose of contract or the failure of an exclusive remedy.
11. Indemnity
You agree to defend, indemnify and hold harmless each of JobYoYo, its
affiliates, and each of their officers, directors, employees and agents,
including all third parties mentioned at the Site, from and against any and all
claims, actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Site and the
Content or your breach of these Terms and Conditions.
12. Choice of law
This Site is controlled, operated and administered by JobYoYo from its offices
within
13. Arbitration
Any and all disputes arising out of these Terms and Conditions, its
performance, breach, enforcement, existence or validity, including any failure
of the parties to reach agreement with respect to matters provided for in these
Terms and Conditions and all matters of dispute relating to the rights and
obligations of the parties, which cannot be amicably resolved, even if only one
of the parties declares that there is a difference, will be referred to and
finally settled by private and confidential binding arbitration before a single
arbitrator held in Toronto, Ontario in English and governed by Ontario law
pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or
re-enacted from time to time. The arbitrator shall be a person who is legally
trained and who has experience in the information technology field in
Notwithstanding
the foregoing, each party may pursue the protection intellectual property rights
and confidential information through injunctive or other equitable relief
through the courts.
14. General
(i) Except as expressly provided in additional terms of use for specific areas
of the Site, a particular legal notice, or an additional Agreement, these Terms
and Conditions constitute the entire agreement between JobYoYo and you with
respect to the subject matter hereof; (ii) Any cause of action you may have
with respect to your use of this Site or which is the subject of these Terms
and Conditions must be commenced within one (1) year after the claim or cause
of action arises; (iii) If for any reason a court of competent jurisdiction
finds any provision of these Terms and Conditions or portion thereof to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of these Terms and Conditions, and the
remainder of these Terms and Conditions shall continue in full force and
effect; (iv) The relationship of the parties is solely that of independent
contractors and neither party shall have any authority to act for or bind the
other party; (v) The waiver of any breach or default hereunder shall not
constitute the waiver of any other or subsequent breach or default; (vi) No
changes to these Terms and Conditions shall be made except by a revised posting
on this page.
15. Additional Terms of Use
Certain areas of this Site may be subject to additional terms of use. By using
such areas, or any part thereof, you agree to be bound by the additional terms
of use applicable to such areas.