Terms of Service and License Agreement

TERMS AND CONDITIONS OF SERVICE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THE “TERMS” OR “AGREEMENT”) CAREFULLY BEFORE USING VERJOBS’S WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY TEXT, JOB OFFERS, JOB DESCRIPTIONS, SOFTWARE, APPLICATIONS, GRAPHICS, PHOTOS, SOUNDS, VIDEOS, INTERACTIVE FEATURES, SERVICES, AND ANY OTHER CONTENT AVAILABLE THEREON OR THERETO, NOW OR IN THE FUTURE (COLLECTIVELY, AND TOGETHER WITH THE WEBSITE, THE “SERVICE”) SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO SERVICE AND JOIN THE WORK, GAYA LTD. (“VERJOBS,” “WE,” OR “OUR”). We reserve the right, at our discretion, to modify these Terms. We will inform you of any such modifications by posting the latest changes on the Site. Your continued use of the Website and the Services following the posting of such changes will mean your acceptance of those changes.

GENERAL TERMS OF SERVICE

By visiting, accessing, and using the Service, including without limitation any of the content or job offerings thereon, you consent to these Terms and any subsequent changes to these Terms and acknowledge that you have read and understood VerJobs’s privacy policy. In addition, certain content or features of the Service may be subject to additional terms or rules, which will be posted in connection with such content or features; all such terms and rules are incorporated into these Terms. If you do not agree, you may not use the Service, including the applicable content or feature. Your right to use the Service is expressly conditioned upon your assent to all of these Terms, to the exclusion of all other terms. The Service is not intended for minors in any jurisdiction, and you hereby certify that if you are an individual, you are of legal age to form a binding contract. If you are accessing or using the Service on behalf of an entity, you represent and warrant that you have authority to bind the entity to these Terms. You also certify that you are legally permitted to access and use the Service, and take full responsibility for such access and use. You are solely responsible for complying with all laws, rules, and regulations applicable to your access and use of the Service. VerJobs may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

SERVICE USE, LICENSE AND ACCESS

VerJobs hereby grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service subject and in accordance with these Terms and provided that you comply with and refrain from the following; no licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you herein.

    • I. Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Service;
    • II. Circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any part of the Service;
    • III. Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Service;
    • IV. Automate access to the Service, including, without limitation, through the use of APIs, bots, scrapers or other similar devices or mechanisms;
    • V. Use the Service (including, but not limited to, any features or systems provided by or available through the Service) or any content thereon to promote, conduct, or contribute to activities that in VerJobs’s sole discretion are fraudulent, obscene, pornographic, commercial, inappropriate or illegal, or which promotes hatred towards any group of people;
    • VI. Disrupt servers or networks connected to the Service or interfere with the access, use or enjoyment of this Service by others, including, but not limited to, causing greater demand on the Service than is deemed reasonable by VerJobs;
    • VII. Use any method to intercept or expropriate any system data or information from the Service;
    • VIII. Use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Service or the content contained herein;
    • IX. Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Service;
    • X. Attempt to gain unauthorized access to the Service, computer systems or networks;
    • XI. Link, upload, post, email, transmit or otherwise make available any content that (a) you do not have a right to make available under any law, or under any contractual or fiduciary relationships, (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • XII. Collect or harvest any personally identifiable information from the Service;
    • XIII. Use the communication systems provided by the Service for any commercial solicitation purposes, or link, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Service;
    • XIV. Link, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, damage, disable, overburden, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • XV. Interfere with, damage, disable, overburden, impair, destroy, limit the functionality of or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, or policies of networks connected to the Service;
    • XVI. Violate any applicable local, state, national or international law, rule or regulation, or harm VerJobs or any other person or entity; or
    • XVII. Allow or facilitate any third party to do any of the foregoing.

VerJobs will have the right to terminate your access to the Service, in its sole discretion, immediately and with or without cause. VerJobs may, in its sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Service. Without derogating from the above, you are solely responsible and liable for any activity by any person who uses the Service on your behalf. You agree to immediately notify VerJobs of any unauthorized use suspected by you or any other breach of security known or suspected by you.

ACCESS TO SERVICES; AVAILABILITY OF THE SERVICES

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access or otherwise use the Service, including, without limitation, modems, hardware, software, internet service and telecommunications capacity. You shall be solely responsible for ensuring that such equipment and ancillary services are compatible with the Service. The Service may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Service, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Service, such as events in nature and other force majeure events.

MOBILE SERVICES

The Service may be provided or made available via a mobile device through the download and installation of an application on a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using the Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

INTELLECTUAL PROPERTY RIGHTS

As between VerJobs and you, VerJobs is the sole owner of the Service, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights in connection thereto. VerJobs further owns all rights to its logos and trademarks used in connection with the Service. All other logos and trademarks appearing on or through the Service are the property of their respective owners. VerJobs reserves all rights not expressly granted in and to the Service. You acknowledge that you do not acquire any ownership rights to the Service. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or through the Service.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND RESPONSIBILITY. NEITHER VERJOBS NOR ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THERETO. FURTHERMORE, VERJOBS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICE, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL VERJOBS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT VERJOBS WAS AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF VERJOBS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless VerJobs, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service, from and against any and all claims, actions, demands, liabilities, costs, expenses, damages, and losses, including reasonable attorneys’ fees, resulting from or alleged to result from your use of the Service, or your breach of any term of these Terms.

GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be brought exclusively in the courts located in Los Angeles County, California, and you consent to the jurisdiction and venue of such courts.

DISPUTE RESOLUTION

Any disputes or claims arising out of or in connection with these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles County, California. The arbitrator’s decision shall be final and binding. Each party shall bear its own costs and expenses.

TERMINATION

VerJobs may, in its sole discretion, terminate your access to the Service or any portion thereof, without notice, for any reason or no reason at all, including, without limitation, for violation of these Terms. Upon termination, you shall cease all use of the Service and VerJobs shall have no further obligation to provide the Service to you.

MISCELLANEOUS

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of VerJobs, its parent, subsidiaries, other affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You agree to abide by U.S. and other applicable export control laws.

Happy job hunting!

 

 

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