Terms and Conditions Please read carefully.
Terms and Conditions
1. Introduction. Please read these terms and conditions carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the Jobs.ps Web Sites and the Services (as each are defined below) provided by Jobs.ps, LLC or one of its divisions (collectively, "Jobs.ps"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Jobs.ps Web Sites or Services.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Jobs.ps), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the "Agreement") between you and Jobs.ps. Your access to or use of the Jobs.ps Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 "Jobs.ps Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 "Jobs.ps Web Site" or the "Site" (collectively, the "Jobs.ps Websites" or the "Sites") means any web site under Jobs.ps's control, whether partial or otherwise and includes such Site's Content, Jobs.ps Materials and Services (as applicable in each context).
3.3 "Content" means Jobs.ps's web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Jobs.ps.
3.5 "Document" refers to any posting to a Site, whether job or resume.
3.6 "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7 "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 "Services" means any services provided by Jobs.ps or its agents described herein and specified more fully in the Service Activation Agreement.
3.12 "User" refers to any individual or entity that uses any aspect of the Sites.
3.13 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Jobs.ps's intended and acceptable use of the Sites. Jobs.ps is the sole interpreter of the Sites' intended and acceptable use.
4.2 Jobs.ps Intellectual Property Rights. The Sites, the Jobs.ps Materials and all right, title and interest in and to the Sites and Jobs.ps Materials are the sole property of Jobs.ps or its licensors, and are protected by Palestinian and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Jobs.ps reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Jobs.ps Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Jobs.ps on such Jobs.ps Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Jobs.ps Sites, without the express written consent of Jobs.ps. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Jobs.ps Materials are not considered to be works for hire and you may duplicate such Jobs.ps Materials only for the purposes expressly agreed on by Jobs.ps in writing. Jobs.ps, the Jobs.ps design logo and certain other names or logos are service marks or trademarks of Jobs.ps, and all related product and service names, design marks and slogans are the service marks or trademarks of Jobs.ps. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Jobs.ps's trademarks, service marks and copyrights. Any code that Jobs.ps creates to generate or display the Content or the pages making up the Sites is also protected by Jobs.ps's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Jobs.ps Materials on any authorized copy you make of the Content or Jobs.ps Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Jobs.ps hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Jobs.ps reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Jobs.ps hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. You may not copy, sell, transfer or assign any of the Services or your rights to any of the Services provided by Jobs.ps to any third party without the express written authorization of Jobs.ps. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Jobs.ps reserves the right to suspend or terminate your access and use at any time if Jobs.ps determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Jobs.ps a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that Jobs.ps owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Jobs.ps may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. Jobs.ps welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Jobs.ps does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Jobs.ps creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Jobs.ps. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Jobs.ps's part, and Jobs.ps will not be liable for any use or disclosure of any User Submission. Jobs.ps shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third Party Providers. You acknowledge and agree that Jobs.ps may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Jobs.ps and its Third Party Providers, Jobs.ps will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on Jobs.ps's Liability.
6.1 Allocation of Responsibility Jobs.ps assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Jobs.ps acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Jobs.ps may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Jobs.ps has no liability or responsibility to Users for performance or nonperformance of such activities. Jobs.ps may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by Jobs.ps. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. JOBS.PS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. JOBS.PS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) JOBS.PS DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOBS.PS IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Jobs.ps makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Jobs.ps makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) JOBS.PS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. JOBS.PS DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL JOBS.PS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBS.PS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JOBS.PS'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200IN THE AGGREGATE.
(d) IN NO EVENT SHALL JOBS.PS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH JOBS.PS, THE AMOUNTS ACTUALLY PAID BY YOU TO JOBS.PS UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Jobs.ps will be entitled to equitable relief upon a breach of this agreement by you.
7. User Authentication. Because User authentication on the Internet is difficult, Jobs.ps cannot and does not confirm that each User is who they claim to be. Because Jobs.ps does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Jobs.ps from claims, demands and damages (actual and consequential and 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.
8. Links to Other Sites. Jobs.ps contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Jobs.ps of the contents on such third-party web sites. Jobs.ps 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.
9. Amendments to this Agreement and Changes to Sites. JOBS.PS MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS PAGE WITHOUT ANY NOTICE. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Jobs.ps unless Jobs.ps agrees to them in a signed writing specifically including those new or different terms. Jobs.ps may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless Jobs.ps (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Jobs.ps shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
When you register on any of the Jobs.ps Sites or in connection with the Services, you may be asked to create an account and provide Jobs.ps with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
13. General. Jobs.ps makes no claims that the Content is appropriate or may not be downloaded outside of Palestine. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Jobs.ps from outside Palestine, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and other jurisdictions. This Agreement and other Agreement with Jobs.ps (if any) are governed by the internal substantive laws of the State of Palestine, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or any other agreement with Jobs.ps shall lie exclusively solved the courts of Ramallah- Palestine.The sole relationship between you and Jobs.ps is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Jobs.ps in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement constitute the entire agreement between you and Jobs.ps.
14. Rules regarding Conduct
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your Jobs.ps account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Jobs.ps account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Jobs.ps account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s). You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Jobs.ps immediately of any unauthorized use of your account or password.
(d) Report inappropriate postings or conduct to Jobs.ps.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time Jobs.ps comes to the understanding that you: (i) misled Jobs.ps regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Jobs.ps reserves the right to terminate your Agreement.
15. Rules regarding Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. Jobs.ps 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.
16. Additional Terms in Connection with Use of Resume Database. If, in Agreement with Jobs.ps, the following additional terms apply to you:
16.1 Jobs.ps grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Jobs.ps Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively "Resumes") solely for your use.
16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database through your account (each an "Authorized RDB User"). Each Authorized RDB User may be issued a unique Resume Database Seat (a "Seat") through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you unless Jobs.ps decides otherwise and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized RDB User and Authorized RDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.
16.3 Neither you nor your Authorized RDB Users may use the Resume Database in any way which, in Jobs.ps's sole judgment, adversely affects Jobs.ps's business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database.
16.4 . Use of the Resume Database by you or by your Authorized RDB Users may not interfere with or violate, in any manner, the privacy election of Jobs.ps Job Seekers. You understand and agree that any violation of section 16 will give Jobs.ps the right to immediately terminate any and all access to the RDB and to terminate any corresponding Agreements.
16.5 You and your Authorized RDB Users may use your subscription to the Resume Database only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) communicate with any person directly or indirectly known through our Resume Database or sending job postings (iii) take any other action that is, in Jobs.ps's sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any law, statute, code, rule, or regulation. Employer understands and agrees that if Employer uses the Resume Database in violation of the preceding restrictions, then Jobs.ps may, at its sole discretion, either terminate Employer's Agreement.
16.6 Jobs.ps may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Jobs.ps Resume Database, Jobs.ps does not convey any interest in or to the Resume Database or any other Jobs.ps property or Services. All right, title and interest in and to the Resume Database is and shall remain in Jobs.ps.
17.1 Jobs.ps grants User a limited, personal, terminable, non-transferable, non-exclusive right to access Recruitment via the Sites for the purpose of viewing and/or downloading a single copy of available profiles (collectively, "Profiles") solely for ‘User's internal use. Recruitment is to be accessed and used solely by User through its authorized Users.
18. Arabic Language
These terms and conditions are in English for convenience for Users who do not read Arabic. However, the Arabic terms and conditions shall Also apply to You. Please note that the English and Arabic may vary in their terms and conditions. If you don’t agree to these terms and condition including this term (Arabic Language) Please leave Jobs.ps immediately.