This page states the "Terms of Use"
under which You may use Jobsmill.com, a brand
which belongs to Marla Technologies Pvt.Ltd. Jobsmill
is in the business of providing an on-line service
to post and search employment opportunities and
user resumes.
These Terms of Use
include the Jobsmill Privacy Statement which is
incorporated into these Terms of Use by reference.
By using Jobsmill.com, You are indicating your
agreement to these Terms of Use, including the
Marla Privacy Statement.
Please read this
page carefully. If You do not accept the Terms
of Use stated here, do not use the Web Site and
the services. By using Jobsmill.com, You are indicating
your acceptance to be bound by the provisions
of these Terms of Use. Marla may revise these
Terms of Use at any time by updating this posting.
You should visit this page periodically to review
the Terms of Use, because they are binding on
You. The terms "You" and "User"
as used here in refer to all individuals and/or
entities accessing this web site for any reason.
- Eligibility.
You must be 18 years of age or older to visit
or use Jobsmill.com in any manner. By visiting
Jobsmill.com or accepting these Terms of Use,
You represent and warrant to the Company that
You are 18 years of age or older, and that You
have the right, authority and capacity to agree
to and abide by these Terms of Use. You also
represent and warrant to the Company that You
will use Jobsmill.com in a manner consistent
with any and all applicable laws and regulations.
- Use of
Marla Content.
The Company authorizes You to view and access
a single copy of the content available on or
from Jobsmill.com solely for your personal use.
The contents of Jobsmill.com, and of all other
websites under the Company's control, whether
partial or otherwise (Jobsmill.com and such
other websites are sometimes collectively referred
to as "Marla Sites") such as text,
graphics, images, logos, button icons, software
and other Marla Content (collectively, "Marla
Content"), are protected under both Indian
copyright, trademark and other laws. All Marla
Content is the property of the Company or its
content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly)
of all content on the Marla Sites are the exclusive
property of the Company and protected by Indian
copyright laws. Unauthorized use of the Marla
Content may violate copyright, trademark, and
other laws. You must retain all copyright, trademark,
servicemark and other proprietary notices contained
in the original Marla Content on any copy You
make of the Marla Content. You may not sell
or modify the Marla Content or reproduce, display,
publicly perform, distribute, or otherwise use
the Marla Content in any way for any public
or commercial purpose. The use of the Marla
Content on any other web site or in a networked
computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that
the Company creates to generate any Marla Content
or the pages making up any Marla Site which
is also protected by the Company's copyright.
- Marla Site
Restrictions.
Users may not use any Marla Site in order to
transmit, distribute, store or destroy material,
including without limitation Marla Content,
(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.
Users are also prohibited from violating or
attempting to violate the security of any Marla
Site, including, without limitation the following
activities: (a) accessing data not intended
for such user or logging into a server or account
which the user is not authorized 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 authorization;
(c) attempting to interfere with service to
any user, host or network, including, without
limitation, via means of submitting a virus
to any Marla Site, overloading, "flooding",
"spamming", "mailbombing"
or "crashing"; or (d) 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. The Company
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.
- Specific Prohibited
Uses.
The job posting and resume database features
of Jobsmill.com may be used only for lawful
purposes by individuals seeking employment and
career information and employers seeking employees.
The Company specifically prohibits any other
use of Jobsmill.com, and all Users agree not
to do any of the following: (a) post any jobs
on any Marla Site for any competitor of Marla
or posting jobs or other content that contains
links to any site competitive with Marla; (b)
post jobs or content on any Marla Site that
contain any hyperlinks, "hidden" keywords
or any keywords that are irrelevant to the job
or are otherwise misleading contained in a job
posting are prohibited; (c) post jobs for modeling
or talent or talent scouting positions on any
Marla Site; (d) use any Marla Site Resume Database
for any purpose other than as an employer seeking
employees, including but not limited to using
the information in the Resume Database to sell
or promote any products or services; (e) post
or submit to any Marla Site any incomplete,
false or inaccurate biographical information
or information which is not your own; (f) post
on any Marla Site 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 (except for postings that make clear that
the available job pays commission only and clearly
describes the product or service that the job
seeker would be selling, in which case such
postings are permissible), requires recruitment
of other members, sub-distributors or sub-agents;
(g) send unsolicited mail or e-mail, making
unsolicited phone calls or send unsolicited
faxes regarding promotions and/or advertising
of products or services to a user of any Marla
Site; (h) delete or revise any material posted
by any other person or entity; (i) take any
action that imposes an unreasonable or disproportionately
large load on any Marla Site's infrastructure;
(j) notwithstanding anything to the contrary
contained herein, use or attempt 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 any Marla Site other than
the search engine and search agents available
from the Company on such Marla Site and other
than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer);
(k) attempt to decipher, decompile, disassemble
or reverse engineer any of the software comprising
or in any way making up a part of any Marla
Site; (l) aggregate, copy or duplicate in any
manner any of the Marla Content or information
available from any Marla Site; or (m) frame
or link to any of Marla Content or information
available from any Marla Site.
- Registration Information.
When You register with any Marla Site, You will
be asked to provide the Company with certain
information including, without limitation, a
valid email address (your "Information").
In addition to the Terms of Use and any privacy
policy applicable to any Marla Web Site, You
understand and agree that the Company may disclose
to third parties, on an anonymous basis, certain
aggregate information contained in your registration
application. The Company will not disclose to
any third party your name, address, e-mail address
or telephone number without your prior consent,
except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings
where such information is relevant.
The Company reserves the right to offer third
party services and products to You based on
the preferences that You identify in your registration
and at any time thereafter; such offers may
be made by the Company or by third parties.
Please see the Company's Privacy Statement for
further details regarding your Information.
Without limiting any of the other disclaimers
of warranty set forth in these Terms of Use,
Marla does not provide or make any representation
as to the quality or nature of any of the third
party products or services purchased through
the Jobsmill.com or any other Marla Site, or
any other representation, warranty or guaranty.
Any such undertaking, representation, warranty
or guaranty would be furnished solely by the
provider of the applicable class, or learning
material, product or service, under the terms
agreed to by the provider.
- User Content
and Submissions.
You are solely responsible for your My Jobsmill
Account information, content, messages or other
information ("User Content") that
You submit, publish or display (hereinafter,
"post") on any Marla Site or transmit
to other Users. By posting User Content to any
Marla Site, You automatically grant, and You
represent and warrant that You have the right
to grant, to Marla an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license
to use, copy, perform, display, and distribute
such User Content and to prepare derivative
works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses
thereof.
By posting User Content to any public or non-public
area of any Marla Site, including message boards,
forums, contests and chat rooms, You grant the
Company and its affiliates the loyalty-free,
perpetual, irrevocable, sublicenseable (through
multiple tiers), non-exclusive right (including
any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public,
perform and display the User Content (in whole
or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology
now known or later developed, for the full term
of any rights that may exist in such content.
You also warrant that the holder of any rights,
including moral rights in such content, has
completely and effectively waived all such rights
and validly and irrevocably granted to You the
right to grant the license stated above. You
also permit any User to access, display, view,
store and reproduce such User Content for personal
use. Subject to the foregoing, the owner of
such User Content placed any Marla Site retains
any and all rights that may exist in such User
Content.
The Company acts as a passive conduit for the
online distribution and publication of User
Content and has no obligation to screen communications
or information in advance and is not responsible
for screening or monitoring User Content posted
by Users. However, the Company may review and
delete any User Content that, in the sole judgment
of Marla, violates these Terms of Use, violates
applicable law, rule or regulation, is offensive
or illegal or violates the rights of, harms
or threatens the safety of Users of any Marla
Site. The Company reserves the right to expel
Users and prevent their further access to the
Marla Sites for violating the Terms of Use or
applicable law, rule or regulation and the right
to remove User Content which is in violation
of the Terms of Use, abusive, illegal, or disruptive.
The Company may take any action with respect
to User Content that it deems necessary or appropriate
in its sole discretion if it believes it may
create liability for the Company or may cause
the Company to lose (in whole or in part) the
services of its ISPs or other suppliers.
The following is a partial list of User Content
that is prohibited on the Marla Sites. The list
below is for illustration only and is not a
complete list of all prohibited User Content:
-
is implicitly or explicitly
offensive, such as User Content that engages
in, endorses or promotes racism, bigotry,
hatred or physical harm of any kind against
any group or individual;
-
harasses, incites
harassment or advocates harassment of
another any group or individual;
-
involves the transmission
of "junk mail", "chain
letters," or unsolicited mass mailing
or "spamming";
-
promotes or endorses
false or misleading information or illegal
activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
-
promotes or endorses
an illegal or unauthorized copy of another
person's copyrighted work, such as providing
or making available pirated computer programs
or links to them, providing or making
available information to circumvent manufacture-installed
copy-protect devices, or providing or
making available pirated music or other
media or links to pirated music or other
media files;
-
contains restricted
or password only access pages, or hidden
pages or images;
-
displays or links
to pornographic, indecent or sexually
explicit material of any kind;
-
provides or links
to material that exploits people under
the age of 18 in a sexual, violent or
other manner, or solicits personal information
from anyone under 18; or
- provides instructional information about
illegal activities or other activities prohibited
by these Terms, including without limitation,
making or buying illegal weapons, violating
someone's privacy, or provides or creates
computer viruses or pirating any media;
and solicits passwords or personal identifying
information from other Users;
Marla reserves the right in its sole discretion
to investigate and take legal action against
anyone who engages in any illegal or prohibited
conduct or otherwise violates these Terms of
Use, including without limitation, removing
the User Content from the Marla Sites and/or
terminating the offending User's ability to
access the Marla Sites and/or use Marla services.
The Company may take any other action with respect
to User Content or User actions that it deems
necessary or appropriate in its sole discretion
if it believes it may create liability for the
Company or may cause the Company to lose (in
whole or in part) the services of its ISPs or
other suppliers.
The Company does not represent or guarantee
the truthfulness, accuracy, or reliability of
User Content or any other communications posted
by Users or endorse any opinions expressed by
Users. You acknowledge that any reliance on
material posted by other Users will be at your
own risk.
The Company has no obligation to screen User
Content in advance and is not responsible for
screening or monitoring User Content posted
by Users. If notified by a User of communications
which allegedly do not conform to these Terms
of Use, the Company may in its sole discretion
investigate the allegation and determine whether
to take any other actions whether to remove
or request the removal of the User Content.
The Company has no liability or responsibility
to Users for performance or nonperformance of
such activities.
We appreciate hearing from our Users and welcome
your comments regarding our services and the
Marla Sites. Please be advised, however, that
our policy does not permit us to accept or consider
creative ideas, suggestions, inventions or materials
other than those which we have specifically
requested. While we do value your feedback on
our services, please be specific in your comments
regarding our services and do not submit creative
ideas, inventions, suggestions, or materials.
If, despite our request, You send us creative
suggestions, ideas, drawings, concepts, inventions,
or other information (collectively the "Submission"),
the Submission shall be the property of the
Company. None of the Submission shall be subject
to any obligation of confidentiality on our
part and we shall not be liable for any use
or disclosure of any Submission. The Company
shall own exclusively all now known or later
discovered rights to the Submission and shall
be entitled to unrestricted use of the Submission
for any purpose whatsoever, commercial or otherwise,
without compensation to You or any other person
who submitted the Submission.
- Registration and
Password.
You are responsible for maintaining the
confidentiality of your My Jobsmill Account
and passwords. You shall be responsible for
all uses of your Web Site registrations and
passwords, whether or not authorized by You.
You agree to immediately notify the Company
of any unauthorized use of your My Jobsmill
Account, and passwords.
- Identification
Of Agent To Receive Notification And Elements
Of Notification Of Claimed Copyright Infringement.
If You believe that your copyrighted
work has been uploaded, posted or copied to
any Marla Web Site and is accessible on such
Marla Site in a way that constitutes copyright
infringement, please notify us by providing
our designated copyright agent with the following
information:
-
The physical or electronic
signature of either the copyright owner
or of a person authorized to act on the
owner's behalf;
-
A description of the
copyrighted work You claim has been infringed,
and a description of the activity that
You claim to be infringing;
-
Identification of the
URL or other specific location on this
web site where the material or activity
You claim to be infringing is located
or is occurring; You must include enough
information to allow us to locate the
material or the activity;
-
Your name, address,
telephone number and, if You have one,
your e-mail address;
-
A statement by You
that You have a good faith belief that
use on the web site of the copyrighted
work in the manner You are complaining
of is not authorized by the copyright
owner, any agent of the copyright owner,
or the law; and
-
A statement by You,
made under penalty of perjury, that the
information You have provided in your
notice is accurate and that You are either
the copyright owner or are authorized
to act on behalf of the copyright owner.
- The Company's Liability.
Jobsmill.com acts as a venue for employers
to post job opportunities and candidates to
post resumes and does not screen or censor the
listings offered. The Company is not involved
in the actual transaction between employers
and candidates. As a result, the Company 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 employers
to offer job opportunities to candidates or
the ability of candidates to fill job openings
or any User Content and makes no representations
about any jobs, resumes or User Content on Marla
Sites.
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 Jobsmill.com and/or the other
Marla Sites. By its very nature, other people's
information may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively
labeled. We expect that You will use caution
and common sense when using Jobsmill.com and/or
the other Marla Sites.
Because user authentication on the Internet
is difficult, the Company 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 behavior
of participants on any Marla Site, in the event
that You have a dispute with one or more Users,
You release the Company (and our 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,
arising out of or in any way connected with
such disputes.
The Marla Sites and the Marla Content may contain
inaccuracies or typographical errors. The Company
makes no representations about the accuracy,
reliability, completeness, or timeliness of
any Marla Site or the Marla Content. The use
of all Marla Sites and the Marla Content is
at your own risk. Changes are periodically made
to Marla Sites and may be made at any time.
You acknowledge and agree that You are solely
responsible for the form, content and accuracy
of any resume or material contained therein
placed by You on the Marla Sites. Employers
are solely responsible for their postings on
Marla Sites. The Company is not to be considered
to be an employer with respect to your use of
any Marla Site and the Company shall not be
responsible for any employment decisions, for
whatever reason made, made by any entity posting
jobs on any Marla Site.
Marla cannot guarantee and does not promise
any specific results from use of Jobsmill.com
or any Marla Site. No advice or information,
whether oral or written, obtained by a User
from Marla or through or from Marla.com or any
other Marla Site shall create any warranty not
expressly stated herein.
- Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY
MARLA SITE WILL OPERATE ERROR-FREE OR THAT ANY
MARLA SITE AND ITS SERVERS ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF ANY MARLA SITE OR THE MARLA CONTENT RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS. THE MARLA SITES AND MARLA CONTENT
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE MARLA CONTENT, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.
- Disclaimer of Consequential
Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED ON ANY MARLA
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE ANY MARLA SITE
AND THE MARLA CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability.
MARLA'S MAXIMUM LIABILITY ARISING OUT
OF OR IN CONNECTION WITH ANY MARLA SITE OR YOUR
USE OF THE MARLA CONTENT, REGARDLESS OF THE
CAUSE OF ACTION (WHETHER IN CONTRACT, TORT,
BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED
Rs.1000.
- Links to Other
Sites.
Jobsmill.com and certain other Marla
Sites contain links to third party web sites.
These links are provided solely as a convenience
to You and not as an endorsement by the Company
of the contents on such third-party Web sites.
The Company is not responsible for the content
of linked third-party sites and does not make
any representations regarding the content or
accuracy of materials on such third party Web
sites. If You decide to access linked third-party
Web sites, You do so at your own risk.
- No Resale or Unauthorized
Commercial Use.
You agree not to resell or assign your
rights or obligations under these Terms of Use.
You also agree not to make any unauthorized
commercial use of any Marla Site.
- Indemnity.
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, and their
respective officers, directors, employees and
agents, from and against any claims, actions
or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting
from (i) any User Content or other material
You provide to any Marla Site, (ii) your use
of any Marla Content, or (iii) your breach of
the terms of these Terms of Use. The Company
shall provide notice to You promptly of any
such claim, suit, or proceeding.
- General.
The Company makes no claims that the
Marla Content may be lawfully viewed or accessed
outside of India. Access to the Marla Content
may not be legal by certain persons or in certain
countries. If You access a Marla.com from outside
of the India, You do so at your own risk and
are responsible for compliance with the laws
of your jurisdiction. 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 in full force and 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. Except as expressly
provided in an additional agreement, additional
terms of use for areas of Marla.com, a particular
"Legal Notice," or Software License
or material on particular Web pages, these Terms
of Use constitute the entire agreement between
You and the Company with respect to the use
of Marla.com. No changes to these Terms of Use
shall be made except by a revised posting on
this page.
- Additional Terms
of Use.
Certain areas of Jobsmill.com and the
other Marla Sites are 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.
- Term and Termination.
These Terms of Use
will remain in full force and effect while You
are a User of Jobsmill.com at any level. The
Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including
but not limited to deletion of your User Content
from Jobsmill.com and the other Marla Sites
and immediate termination of your registration
with or ability to access Jobsmill.com and the
other Marla Sites and/or any other services
provided to You by the Company, upon any breach
by You of these Terms of Use or if the Company
is unable to verify or authenticate any information
You submit to Jobsmill.com or other Marla Site
registration. Even after you are no longer a
User of Jobsmill.com, certain provisions of
these Terms of Use will remain in effect
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