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1.
Introduction.
Please read this web page carefully. It contains the
Terms and Conditions governing your access to and use of
the TBT India Web Site. If you do not accept these Terms
and Conditions or you do not meet or comply with their
provisions, you may not use the Site. If you are an
employer using the Site, you may have entered into a
Service Agreement with TBT India, in which case these
Terms and Conditions, including the Exhibits attached
hereto, are part of and incorporated into that Service
Agreement. These Terms and Conditions are effective as
of April 1, 2007.
2.
Binding
Agreement.
These Terms and Conditions, together with all Exhibits
to these Terms and Conditions (as they may be amended
from time to time by TBT India) form a binding agreement
(the "Agreement") between you and TBT, LLC.
Your access to or use of the Site indicates your
acceptance of these Terms and Conditions. You are
agreeing to use the Site at your own risk.
3.
Certain
Definitions.
The following definitions apply to this Agreement:
"thebesttalents.com Web Site", or the
"Site", includes www.thebesttalents.com in its
entirety and its related sites owned or operated by TBT
India, and includes their Content, Text, Graphics,
Design, Programming and Services as applicable in the
context.
"Content" includes all Text, Graphics, Design
and Programming used on the Site.
"Text" includes all text on every page of the
Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and
other graphical elements on the Site, with the exception
of paid advertising banners.
"Design" includes the color combinations and
the page layout of the Site.
"Programming" includes both client-side code
(HTML, JavaScript, etc.) and server-side code (Active
Server Pages, VBScript, databases, etc.) used on the
Site.
"Document" refers to any posting to the Site,
whether job or cv.
"Services" means any services provided on the
Site by TBT India or its agents.
"User" refers to any individual or entity who
uses any aspect of the Site.
"Job Seeker" means a User who is accessing the
Site to search for a job or in any other capacity except
as an Employer.
"Employer" means a person or entity that is
accessing the Site to post a job or for any reason
related to the purpose of seeking candidates for
employment.
"You" and "you" means the person who
(or the entity on behalf of whom you are acting) that is
agreeing to these Terms and Conditions.
4.
Acceptable
Use of the Site.
4.1
General Use Rules. The Site is intended for individuals
seeking employment and for employers or recruiters
seeking candidates for employment. You may use this Site
only for lawful purposes within the stated context of TBT
India's intended and acceptable use of the Site. TBT
India is the sole interpreter of the Site’s intended
and acceptable use.
4.2
License to Use by Users who are Job Seekers. TBT India
hereby grants you a limited, terminable, non-exclusive
right to access and use the Site 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 Site solely for your personal,
noncommercial use. You agree that you are solely
responsible for the content of any Document you post to
the Site and any consequences arising from such posting.
Your use of the Site is a privilege. TBT India reserves
the right to suspend or terminate that privilege for any
reason at any time, in its sole discretion.
4.3
License to Use by Users who are employers. TBT India
hereby grants you a limited, terminable, non-exclusive
right to access and use the Site only for your internal
business use seeking candidates for employment. This
authorizes you to view and download a single copy of the
material on the Site solely for your personal use
directly related to using the Site for the purpose of
searching and recruiting job prospects. Users of the CV
Database please see our CV Database Terms and Conditions
for further clarification. You agree that you are solely
responsible for the content of any Document you post to
the Site and any consequences arising from such posting.
TBT India reserves the right to suspend or terminate
your access and use at any time if TBT India determines
that you are in breach of any of these Terms and
Conditions.
4.4
Other Specific Rules. You represent, warrant and agree
that you will not use (or plan, encourage or help others
to use) the Site 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 Site complies with these Terms and
Conditions and all applicable laws.
4.5
House Rules for Posting, Conduct and Security. You agree
to comply with the "House Rules" for posting,
conduct and security on the Site, which are attached
hereto as Exhibit A.
5.
Intellectual
Property Rights.
The Site and all right, title and interest in and to the
Site is the sole property of TBT India or its licensors,
and is protected by U.S. copyright and international
treaties. Except for the limited licenses expressly
granted to you in these Terms and Conditions, TBT India
reserves for itself and its licensors all other right,
title and interest. Without limitation on the foregoing,
you may not reproduce, modify, display, sell, or
distribute the Content, or use it in any other way for
public or commercial purpose. This includes copying or
adapting the HTML code used to generate Web pages on the
Site. "TBT India," the TBT India design logo
and certain other names or logos are service marks or
trademarks of TBT India, and all related product and
service names, design marks and slogans are the service
marks or trademarks of TBT India. In addition, the
"look" and "feel" of the Site
(including color combinations, button shapes, layout,
design and all other graphical elements) are also
protected by TBT India's trademarks, service marks and
copyrights. All other product and service marks
contained on the Site are the trademarks of their
respective owners.
6.
Disclaimers
and Limitations on TBT's Liability.
6.1
Allocation of Responsibility TBT India assumes no
responsibility for Documents posted by Users and no
responsibility for the activities, omissions or other
conduct of Users. TBT India 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 this agreement, TBT India
may investigate the allegation and determine in good
faith and in its sole discretion whether to remove or
request the removal of such Document. TBT India has no
liability or responsibility to Users for performance or
nonperformance of such activities. TBT India 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 TBT India. Nothing on the Site 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
No Guaranty of Results. TBT India is not an employment
agency or a recruiting firm, and makes no
representations or guarantees regarding the
effectiveness or timeliness of the Site in meeting the
employment objectives of Users. TBT India does not
guarantee that Documents posted by Users will result in
candidates being hired or positions being filled, and is
not responsible for any employment decisions, for
whatever reason made, made by any User.
6.4
WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TBT INDIA,
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 PARTICULAR
PURPOSE. TBT INDIA MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE SITE.
(b) Without limitation on the foregoing:
(i) TBT INDIA DOES NOT WARRANT THAT THE SITE WILL
OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF
YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN
THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TBT
INDIA IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) TBT India makes no representations or guarantees
regarding the truthfulness, accuracy, 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) TBT India makes no representations or guarantees
regarding the Content of the Site, including, but not
limited to, broken links, inaccuracies or typographical
errors.
6.5
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND
EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS
YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE
SITE.
(b) IN NO EVENT SHALL TBT INDIA (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, 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 THE USE OR ACCESS TO, OR THE
INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY
DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TBT INDIA IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OR 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 TBT INDIA'S MAXIMUM LIABILITY TO YOU FOR
ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S.
$200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL TBT INDIA (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS
OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN
EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN
EMPLOYER WITH A SERVICES AGREEMENT WITH TBT INDIA, THE
AMOUNTS ACTUALLY PAID BY YOU TO TBT INDIA 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 TBT India will be entitled
to equitable relief upon a breach of this agreement by
you.
7.
Payment
of Services upon Termination of Service Agreement.
If at any time during the course of this Agreement you
should terminate a Service Agreement in which these
Terms and Conditions have been incorporated by
reference, not to include your termination in the case
of breach of this Agreement or the Service Agreement by TBT
India, TBT India shall reserve the right to receive all
payments from you for the Services used by you up to
termination and for fifty percent (50%) of the remaining
unused portion of the Service Agreement.
8.
Links
to Other Sites.
TBT India contains links to third party web sites. These
links are provided solely as a convenience to you and
not as an endorsement by TBT India of the contents on
such third-party web sites. TBT India 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 Site.
TBT India may revise this Agreement at any time by
updating this page. Changes will be binding on you on
the date they are posted on the Site (or as otherwise
stated in the any notice of such changes). Any use of
the Site will be considered acceptance by you of the
then-current Terms and Conditions (including any
Exhibits thereto). If at any time you find the Terms and
Conditions unacceptable, you may not use the Site any
longer. Any new or different terms supplied by you are
specifically rejected by TBT India unless TBT India
agrees to them in a signed writing specifically
including those new or different terms. TBT India may
change the Site at any time.
10.
Indemnity.
You agree to defend, indemnify, and hold harmless TBT
India (and its officers, directors, employees and
agents) from and against any third party claims, actions
or demands (including, without limitation, costs,
damages and reasonable legal and accounting fees)
alleging or resulting from or in connection with your
use of the Site, any Document posted by you, or your
breach of this Agreement. TBT India 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.
11.
User
Information.
The Privacy Policy posted on the
Site is incorporated into this Agreement by this
reference. The Privacy Policy
governs data collected through TBT India’s on-line
operations only. Please note, as set forth in the Privacy
Policy, that TBT India may collect certain personal
information from Users and may contact Users
periodically in accordance with the terms of the Privacy
Policy. In addition, TBT India reserves the right to
comply, in its sole discretion, with legal requirements,
requests from law enforcement agencies or requests from
government entities, even to the extent that such
compliance may require disclosure of certain information
collected from Users.
12.
Questions
and Notices.
Questions concerning the use of the Site should be
directed to Feedback. Notices shall be sent, for TBT
India, to the address listed on the Site, and, for you,
to the address submitted by you or such other address as
TBT India reasonably determines is an appropriate
address for you.
13.
General.
TBT India contact information is listed on the Site. The
TBT India makes no claims that the Content is
appropriate or may be downloaded outside of the United
States. 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 Site. If you
access TBT India from outside of the United States, you
do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. This
Agreement and your Service Agreement, if you have one,
are governed by the internal substantive laws of the
State of Illinois, without respect to its conflict of
laws principles. Jurisdiction for any claims arising
under this Agreement or your Service Agreement shall lie
exclusively with the state or federal courts in the
State of Illinois. The sole relationship between You and
TBT India 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
Site, 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 TBT India in a particular
"Legal Notice," or software license or
material on particular Web pages of the Site, this
Agreement and your Service Agreement where applicable,
constitute the entire agreement between you and TBT
India.
Exhibit
A
-House Rules regarding Posting, Conduct and Security
TBT
India is the sole interpreter of these rules. Users who
violate these rules may have their access and use of the
Site suspended or terminated, at TBT India's discretion.
TBT India reserves the right to change these rules in
accordance with the amendment policy in the Terms and
Conditions to which this Exhibit A is attached.
A1.
Posting Rules:
(a)
Your Document may not contain: (i) URLs or links to Web
sites (to advertise your company or Web site); (ii)
copyrighted material (unless you own the copyright or
have the owner's permission to post the copyrighted
material); (iii) trade secrets (unless you own them or
have the owner's permission to post them); (iv) material
that infringes on or misappropriates any other
intellectual property rights, or violates the privacy or
publicity rights of others; (v) anything that is
sexually explicit, obscene, libelous, defamatory,
threatening, harassing, abusive, or hateful; or (vi)
anything that is embarrassing or offensive to another
person or entity.
(b)
You may not use your Document(s) to: (i) impersonate
another person, living or dead; (ii) post false,
inaccurate or misleading information; (iii) post
advertisements or solicitations of business (including,
but not limited to, Email Processors, Project 21,
franchises, "club memberships,"
distributorships, or anything requiring a monetary
investment by the User, including a request for payment
to obtain job listings); (iv) post chain letters or
pyramid schemes; or (v) post opinions or notices,
commercial or otherwise.
(c)
Your Document(s) must contain sufficient detail to
convey clearly to the User the nature and requirements
of the job opportunity, or your qualifications as a
candidate for employment. Documents that encourage the
User to "email for more details" are not
permitted. Documents from any third party charging a fee
or restricting complete access to all cv information are
prohibited.
(d)
Job postings must be individual openings for
traditional, W-2 or 1099 employees.
(e)
CV postings must contain the accurate cv of a living
individual seeking employment on a full-time, part-time,
or contractual basis on his or her own behalf.
(f)
TBT India is under no obligation to monitor the
Documents posted on the Site, but it may monitor
Documents at random. Documents found to violate the
above Posting Rules may be removed at TBT India's
discretion.
A2.
Conduct 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 by our competitors
are prohibited.
(b)
You may not send unsolicited commercial email to Users.
(c)
Protect your password. You are responsible for
maintaining the confidentiality of your information and
password. You are responsible for all uses of your
registration, whether or not authorized by you. If
others use your password to post inappropriate material
on the Site, you risk losing your access to the Site.
You agree to notify TBT India immediately of any
unauthorized use of your registration and password.
(d)
Report inappropriate postings or conduct to Feedback.
(e)
You may not delete or revise any material posted by any
other person or entity.
(f)
If at any time during the term of this agreement TBT
India comes to the understanding that you: (i) misled TBT
India of your business practices and/or services, or
(ii) purchased services that do not represent your
precise business, TBT India reserves the right to
terminate this agreement.
(g)
TBT India is under no obligation to monitor the conduct
of its Users, but it may investigate and respond when
violations are reported.
A3.
Security Rules:
(a)
Users are prohibited from violating or attempting to
violate the security of the Site, 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 Site,
overloading, "flooding", "mailbombing"
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. Violations of system or
network security may result in civil or criminal
liability.
(b)
Violation of these Security Rules may result in civil or
criminal liability. TBT India 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.
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