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TERMS
OF SERVICES
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TERMS OF USE |
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The standard CV distribution service ("Service")
owned and operated by ZapYourCV.com (“Company”),
is provided to you ("Member") under the terms
and conditions of this Terms of Use ("ToS")
and any operating rules, policies, price schedules,
or other supplemental documents which are expressly
incorporated herein by a reference in this ToS and published
from time to time by ZapYourCV.com. The ToS (which includes
such expressly incorporated supplemental documents)
comprises the entire agreement between Member and ZapYourCV.com
and supersedes all prior agreements between the parties
regarding the subject matter contained herein.
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 ZapYourCV.com,
you are indicating your acceptance to be bound by the
provisions of these Terms of Use. ZapYourCV.com 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 herein refer to all individuals and/or entities
accessing this web site for any reason.
By Completing the Registration Process,
you are indicating your agreement to be bound by all
of the terms and conditions of the ToS, including, but
not limited to use of the services in compliance with
various sections in member conduct.
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DESCRIPTION
OF SERVICES ZapYourCV.com is providing Member
with a capability to distribute resumes to recruitment
consultants using the website ZapYourCV.com. In consideration
for the Service, Member agrees to:
provide
certain limited information about Member as prompted
to do so by the Service (such information to be current,
complete and accurate) ,
Maintain
and update this information as required to keep it current,
complete and accurate and
Pay
for whatever services are desired. The information requested
on original sign up shall be referred to as registration
data ("Registration Data").
Although ZapYourCV.com will take reasonable measures
to exclude Member's name, mailing address, email address,
account and phone number from any disclosures, ZapYourCV.com
may :
(i) in certain cases where
Member accesses ZapYourCV.com 's site from other third
party sites, release Member's
email address to such third party, and
(ii) as Member expressly
directs ZapYourCV.com, release Member's email address
to any other person Member may specifically designate.
Notwithstanding the foregoing, due to the existing legal
and regulatory environment, ZapYourCV.com cannot ensure
that Member's personally identifiable information or
Member's private communications will not be disclosed
to third parties. By way of example (without limiting
the foregoing), ZapYourCV.com may be forced to disclose
information to the government or third parties under
certain circumstances, or third parties may unlawfully
intercept or access transmissions or private communications.
Further, ZapYourCV.com can (and Member hereby authorizes
ZapYourCV.com to) disclose Registration Data or any
information about Member to law enforcement or other
government officials as ZapYourCV.com, in its sole discretion,
believes necessary or appropriate. Therefore, ZapYourCV.com
does not promise, and Member should not expect, that
personally identifiable information or private communications
will always remain private. In operating the resume
distribution service, ZapYourCV.com acts as a conduit
between the Member and various recruitment consultants.
ZapYourCV.com disclaims any liability or responsibility
for any practices of these recruitment consultants,
including but not limited to any misuse of personal
information, discriminatory or otherwise unfair hiring
or screening practices, and any flaws in their systems.
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PRIVACY POLICY The ZapYourCV.com
current privacy policies, which are incorporated herein
by this reference, are available on the ZapYourCV.com
web site. By accepting this ToS, Member expressly consents
to disclosures of Member's personal identification and
other personal information to third parties, and to
ZapYourCV.com's use of Member's information, as enumerated
in ZapYourCV.com's then-current privacy policies. Although
the ZapYourCV.com site acts as a passive conduit for
Member to send and receive information of Member's own
choosing, Member acknowledges and agrees that certain
technical processing of, and access to resume content
and related data may be required to:
Route
the resumes;
Conform
to connecting networks' technical requirements;
Conform
to the limitations of the Service;
Prevent
or minimize disruptions to the Service, or
Conform
to other similar requirements. ZapYourCV.com may use
Member's email address to send to Member
administrative notices about Member's account (such
as notices about pending activities, service offerings)
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MODIFICATIONS
TO TERMS OF SERVICE AND PRIVACY POLICIES ZapYourCV.com
may automatically amend this ToS or its privacy policies
at any time by
(i) Posting a revised Terms
of Service document or privacy policies document on
the ZapYourCV.com World Wide
Web site, and/or
(ii) Sending information
regarding the ToS or privacy policies amendment to the
email address Member provides
to ZapYourCV.com. Member is responsible for regularly
reviewing the ZapYourCV.com World Wide
Web site to obtain timely notice of such amendments.
Member's continued use of Member's membership
account after such amended terms or policies have been
posted or information regarding such
amendment has been sent to Member shall be deemed acceptance
by Member of the amended ToS or
privacy policies. Otherwise, this ToS and the privacy
policies may not be amended except in writing signed
by both parties.
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MODIFICATIONS
TO SERVICE ZapYourCV.com reserves the right
to modify or discontinue the Service with or without
notice to Member. ZapYourCV.com shall not be liable
to Member or any third party should ZapYourCV.com exercise
its right to modify or discontinue the Service.
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LIMITATION
OF LIABILITY In no event shall ZapYourCV.com
or its suppliers be liable for any indirect, incidental,
special or consequential damages, resulting from the
use or the inability to use the service or for cost
of procurement of substitute goods and services or resulting
from any goods or services purchased or obtained or
messages received or transactions entered into through
the service or resulting from unauthorized access to
or alteration of member's transmissions or data, including
but not limited to, damages for loss of profits, use,
data or other intangible, even if ZapYourCV.com has
been advised of the possibility of such damages. ZapYourCV.com
liability to members or any third parties is limited
to the cost of the service paid and availed by the member.
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NO
RESALE OR COMMERCIAL USE OF THE SERVICE Member's
right to use the Service is personal to Member. Member
agrees not to resell the use of the Service
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FAIR
USAGE POLICY ZapYourCV.com has set no fixed
upper limit on the file size resumes a Member may send
through the Service, however, Member shall take no actions
which impose an unreasonable or disproportionately large
load on ZapYourCV.com resources (as determined by ZapYourCV.com
in light of the load imposed by other Members generally).
Distribution of unsolicited advertisements, profane
or otherwise offensive material is prohibited, and at
ZapYourCV.com 's option and without further notice,
ZapYourCV.com may use technologies and procedures, such
as filters, that may terminate such transmissions without
delivering them.
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MEMBER
CONDUCT Member is solely responsible for the
contents of his or her transmissions through the Service,
and, as stated above, ZapYourCV.com simply acts as a
passive conduit for Member to send information of Member's
own choosing. However, ZapYourCV.com reserves the right
to take any action with respect to the Services that
ZapYourCV.com deems necessary or appropriate in ZapYourCV.com's
sole discretion if ZapYourCV.com believes Member or
Member's information may create liability for ZapYourCV.com,
compromise or disrupt the Service for Member or other
ZapYourCV.com members, or may cause ZapYourCV.com to
lose (in whole or in part) the services of ZapYourCV.com's
ISPs or other suppliers. Member's use of the Service
is subject to all applicable local, state, national
and international laws and regulations (including without
limitation those governing account collection, export
control, consumer protection, unfair competition, anti-discrimination
or false advertising). Member agrees:
to
comply with India's law regarding the transmission of
technical data exported from the India through the Service;
not
to use the Service for illegal purposes;
not
to interfere or disrupt networks connected to the Service;
to
comply with all regulations, policies and procedures
of networks connected to the Service;
not
to use the Service to infringe any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; and
not
to transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any ZapYourCV.com
and or nature. Member further agrees not to transmit
any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national
or international law or regulation. The Service makes
use of the Internet for Member to send and receive information
of Member's own choosing; therefore, Member's conduct
is subject to Internet regulations, policies and procedures.
Member will not use or reference the Service for chain
letters, junk fax or junk mail, spamming or any use
of distribution lists to any person who has not given
specific permission to be included in such a process,
and will not attempt to gain unauthorized access to
other computer systems. Member shall not interfere with
another Member's use and enjoyment of the Service or
another entity's use and enjoyment of similar services.
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INDEMNIFICATION
Member agrees to indemnify and hold ZapYourCV.com,
its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of Member's use of the Service,
the violation of this ToS by Member, or the infringement
by Member, or other user of the Service using Member's
computer, of any intellectual property or other right
of any person or entity.
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TERMINATION
ZapYourCV.com may immediately
terminate Member's membership and right to use the Service
if
Member breaches this ToS,
if
ZapYourCV.com is unable to verify or authenticate any
information Member provides to ZapYourCV.com,
if
such information is inaccurate, or
if
ZapYourCV.com decides, in its sole discretion, to discontinue
offering the Service. ZapYourCV. com shall not be liable
to Member or any third party for termination of Service.
Member may terminate the Service with or without cause
at any time and effective immediately by written notice
to ZapYourCV. com.
Should
Member object to any terms and conditions of the ToS
or any subsequent modifications thereto or become dissatisfied
with the Service in any way, Member's only recourse
is to immediately:
a. discontinue use of
the Service;
b. terminate Service membership;
and
c. notify ZapYourCV.com
of termination.
Upon
termination of the Service, Member's right to use the
Service immediately ceases. Member shall have no right
and ZapYourCV.com will have no obligation thereafter
to forward any unsent messages to Member or any third
party. Member shall have no right and ZapYourCV.com
will have no obligation after termination to refund
any Credits for sending resumes to Member. ZapYourCV.com
reserves the right to refuse the Service to any Member
who has cancelled any number of previous Service accounts.
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PARTICIPATION
IN PROMOTIONS OF ADVERTISERS Member may enter
into correspondence with or participate in promotions
of the Advertisers showing their products on the Service.
Any such correspondence or promotions, including the
delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are
solely between the corresponding Member and the Advertiser.
ZapYourCV.com assumes no liability, obligation or responsibility
for any part of any such correspondence or promotion.
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PROPRIETARY
RIGHTS TO CONTENT Member acknowledges that content,
including but not limited to text, software, music,
sound, photographs, video, graphics or other material
contained in either sponsor advertisements or email-
distributed, commercially produced information presented
to Member by the Service ("Content") by ZapYourCV.com
or ZapYourCV.com's Advertisers, is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws; therefore, Member is only permitted
to use this Content as expressly authorized by the Service
or the Advertiser. Member may not copy, reproduce, distribute,
or create derivative works from this Content without
expressly being authorized to do so by the Service or
the Advertiser.
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PAYMENT
ZapYourCV.com use the services of 3rd party
payment administrator in delivering online payment process.
While utmost care is taken by both ZapYourCV.com and
the 3rd party payment administrator to effectively &
securedly process the payments, both ZapYourCV.com and
the 3rd Party absolves itself of any responsibility
for actions which are beyond the control of administration.
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RIGHT TO INFORMATION
ZapYourCV.com uses research process that is proprietory in nature to collect, process and maintain information about details of consultants to whom the CV of the member would be distributed. Hence by agreeing to the Terms of Service, the member forfeits the right to seek information about consultants to whom the member's CV would be or is being sent to.
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