2. Use of talent-sketch.com Content
The Company (SV Technologies) authorizes you to view and access a single copy of the content available on or from talent-sketch.com solely for your personal use. The contents of talent-sketch.com, and of all other websites under the Company's control, whether partial or otherwise (talent-sketch.com and such other websites are sometimes collectively referred to as "talent-sketch.com Sites") such as text, graphics, images, logos, button icons, software and other talent-sketch.com content (collectively, "talent-sketch.com Content"), are protected under both Indian and foreign copyright, trademark and other laws. All talent-sketch.com 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 talent-sketch.com Sites are the exclusive property of the Company and protected by Indian and international copyright laws. Unauthorized use of the talent-sketch.com content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark and other proprietary notices contained in the original talent-sketch.com content on any copy you make of the talent-sketch.com content. You may not sell or modify the talent-sketch.com content or reproduce, display, publicly perform, distribute, or otherwise use the talent-sketch.com content in any way for any public or commercial purpose. The use of the talent-sketch.com 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 talent-sketch.com content or the pages making up any talent-sketch.com Site which is also protected by the Company's copyright.
3. Talent-sketch.com Site Restrictions
Users may not use any talent-sketch.com Site in order to transmit, distribute, store or destroy material, including without limitation talent-sketch.com content,
- in violation of any applicable law or regulation,
- 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
that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of any talent-sketch.com Site, including, without limitation the following activities:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any talent-sketch.com Site, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or
- 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.
4. Specific Prohibited Uses
The job posting and resume database features of talent-sketch.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. talent-sketch.com may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
The Company specifically prohibits any other use of talent-sketch.com , and all Users agree not to do any of the following:
- post any jobs on any talent-sketch.com Site for any competitor of talent-sketch.com or posting jobs or other content that contains links to any site competitive with talent-sketch.com;
- post jobs or content on any talent-sketch.com 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; post jobs for modeling or talent or talent scouting positions;
- post jobs for modeling or talent or talent scouting positions on any talent-sketch.com Site;
- use any talent-sketch.com 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;
- use talent-sketch.com for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity;
- post or submit to any talent-sketch.com Site any incomplete, false or inaccurate biographical information or information which is not your own;
- post on any talent-sketch.com 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;
- 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 talent-sketch.com Site;
- delete or revise any material posted by any other person or entity;
- take any action that imposes an unreasonable or disproportionately large load on any talent-sketch.com Site's infrastructure;
- 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 talent-sketch.com Site other than the search engine and search agents available from the Company on such talent-sketch.com Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any talent-sketch.com Site;
- aggregate, copy or duplicate in any manner any of the talent-sketch.com content or information available from any talent-sketch.com Site; or
- frame or link to any of talent-sketch.com content or information available from any talent-sketch.com Site.
5. Registration Information
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.
6. User Content and Submissions
You are solely responsible for your Mytalent-sketch.com Account information, talent-sketch.com Profile, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on any talent-sketch.com Site or transmit to other Users. By posting User Content to any talent-sketch.com Site, You automatically grant, and You represent and warrant that You have the right to grant, to talent-sketch.com 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 talent-sketch.com Site, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sub licensable (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 talent-sketch.com Site retains any and all rights that may exist in such User Content.
The following is a partial list of User Content that is prohibited on the talent-sketch.com 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 libelous;
- 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;
Any talent-sketch.com profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, talent-sketch.com Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you. You may not include in your talent-sketch.com Profile any telephone numbers, street addresses, last names, URLs, email addresses or other means of contacting you.
In order to protect our talent-sketch.com Users from commercial advertising or solicitation, talent-sketch.com reserves the right to restrict the number of e-mails which a Premium Subscriber (as described below) may send to Basic Members (as described below) or other Premium Subscribers in any 24-hour period to a number which talent-sketch.com deems appropriate in its sole discretion.
Each candidate made available through the Skilled and Hourly section of the talent-sketch.com has taken skills interview(s) offered by the Company. The results of each skilled and hourly candidate's skills interview are not evaluated by Company and should be evaluated by each employer based on such employer's specific criteria. The skills interview(s) are proprietary to Company and may be changed from time to time in Company's discretion. The skills interviews do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Company does not independently verify the information provided by candidates or the identity of candidates.
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.
We appreciate hearing from our Users and welcome your comments regarding our services and the talent-sketch.com 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.
7. Registration and Password
You are responsible for maintaining the confidentiality of your Mytalent-sketch.com Account, talent-sketch.com Profile, passwords, and if You are a talent-sketch.com Premium Subscriber, your Billing Account. 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 Mytalent-sketch.com Account, talent-sketch.com Profile, passwords and your talent-sketch.com Premium Subscriber Billing Account.
8. Special Terms Applicable to talent-sketch.com
- talent-sketch.com User Levels. The following are the talent-sketch.com User levels:
- "Visitor" has not completed the talent-sketch.com registration process or created an account (a "My talent-sketch.com Account"), but may still search a limited number of talent-sketch.com profiles ("Profiles") of Basic Members and Premium Subscribers (each as described below) and view the talent-sketch.com free (public) message boards
- "Basic Member", after obtaining a Mytalent-sketch.com Account and creating a searchable talent-sketch.com Profile, may be contacted by and respond to Premium Subscribers, collect ratings points, search and view an unlimited number of talent-sketch.com Profiles, view the talent-sketch.com Premium message boards, and both view and post to the talent-sketch.com free (public) message boards.
- "Premium Subscriber", after obtaining a Mytalent-sketch.com Account and creating a searchable talent-sketch.com Profile, may conduct all the activities that a Basic Member can, and in addition, may request up to seven introductions with Basic Members and other Premium Subscribers each day, view the current location and company of all Basic Members and Premium Subscribers, and post to the talent-sketch.com Premium message boards. Becoming a Mytalent-sketch.com Premium Subscriber requires payment of a non-refundable initiation fee, a monthly service fee and establishment of a billing account ("Billing Account"). Please see the Mytalent-sketch.com Premium Fee Policy.
Member Feedback. If You are a Mytalent-sketch.com Basic Member or Premium Subscriber, You acknowledge that your talent-sketch.com feedback consists of comments provided by other Basic Members or Premium Subscribers and a composite feedback number compiled by talent-sketch.com, and that the composite number without the comments does not convey your full feedback profile. Because feedback ratings are not designed for any purpose other than for facilitating networking, You agree that You shall not market or export your talent-sketch.com feedback rating in any venue other than a talent-sketch.com Site. talent-sketch.com does not provide You the technical ability to import feedback from other web sites (non-talent-sketch.com Site) to talent-sketch.com because a composite feedback number, without the corresponding feedback does not reflect your true online reputation within the talent-sketch.com community.
You may not take any actions that may undermine the integrity of the talent-sketch.com feedback system. If talent-sketch.com concludes, in its sole discretion, that your actions undermine the integrity of or interfere with the feedback system, talent-sketch.com may
- terminate and/or delete your Mytalent-sketch.com Account, talent-sketch.com Profile and MyJobzob.com Premium Billing Account, if applicable, and/or
- deny You talent-sketch.com services and/or services from any other talent-sketch.com Site.
If You are a Mytalent-sketch.com Premium Subscriber, talent-sketch.com may limit the number of introductions provided to You and the number of e-mails You may send to other talent-sketch.com members based upon the level of your feedback.
If You earn a net feedback rating of less than 0, talent-sketch.com may
- terminate and/or delete your Profile and Billing Account, if applicable, and/or
- deny You talent-sketch.com services and/or services from any other talent-sketch.com Site.
9. Special Terms Applicable to Mytalent-sketch.com Premium
- Premium Membership. A Mytalent-sketch.com Premium Member has paid for access to Premium Networking features, along with an exclusive suite of products and content. The product offerings and pricing are subject to change for Premium membership. A User can access all the Premium features from their Mytalent-sketch.com Account homepage.
- Premium Products. Mytalent-sketch.com Premium products are only accessible to Premium Members. The list of Premium products includes, but is not limited to, Resume Enhancements, Priority Resume Listings, Job Search Tutorials, Career Fit Indicator Test, and the ability to store five additional job search agents and five additional resumes over a Basic Membership. These product offerings are subject to change.
- Premium Cancellation. A User will retain access to the Premium features provided that they continue to pay a monthly fee for this access. The User may terminate their membership as a Mytalent-sketch.com Premium Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link and following the provided instructions.
10. Registration and Password
You are responsible for maintaining the confidentiality of your Mytalent-sketch.com Account, passwords, and if you are a Mytalent-sketch.com Premium Subscriber, your Billing Account. You shall be responsible for all uses of your Web Site registrations, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your Mytalent-sketch.com Account passwords, and if you are a My Mytalent-sketch.com Premium Subscriber, your Billing Account.
11. 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 talent-sketch.com Web Site and is accessible on such talent-sketch.com 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. We have designated _____________as our agent to receive notices of claims of copyright infringement on the talent-sketch.com Sites. By mail: __________________________ By telephone: _____________________ By e-mail: ________________________
12. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe
The Copyright Or Other Intellectual Property Rights Of Others talent-sketch.com Worldwide Inc., talent-sketch.com, Inc., Talent-sketch.com Worldwide Technologies, LLC., and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of Talent-sketch.com, You agree not to use talent-sketch.com or any other talent-sketch.com Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any talent-sketch.com account holders, and block access to talent-sketch.com and/or the other talent-sketch.com Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
13. The Company's Liability
talent-sketch.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 talent-sketch.com.
talent-sketch.com provides a venue for individuals to network for professional purposes and talent-sketch.com does not screen or censor the talent-sketch.com Profiles or User Content on talent-sketch.com.com
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 talent-sketch.com and/or the other talent-sketch.com 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 talent-sketch.com and/or the other talent-sketch.com 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 talent-sketch.com 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. If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The talent-sketch.com Sites and the talent-sketch.com content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any talent-sketch.com Site or the talent-sketch.com Content. The use of all talent-sketch.com Sites and the talent-sketch.com content is at your own risk. Changes are periodically made to talent-sketch.com 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 talent-sketch.com Sites. Employers are solely responsible for their postings on talent-sketch.com Sites. The Company is not to be considered to be an employer with respect to your use of any talent-sketch.com Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any talent-sketch.com Site.
talent-sketch.com cannot guarantee and does not promise any specific results from use of talent-sketch.com or any talent-sketch.com Site. No advice or information, whether oral or written, obtained by a User from talent-sketch.com or through or from talent-sketch.com or any other talent-sketch.com Site shall create any warranty not expressly stated herein.
14. Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT ANY talent-sketch.com SITE WILL OPERATE ERROR-FREE OR THAT ANY talent-sketch.com SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY talent-sketch.com SITE OR THE talent-sketch.com CONTENTRESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE talent-sketch.com SITES AND talent-sketch.com CONTENTARE 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 talent-sketch.com CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
15. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY talent-sketch.com 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 talent-sketch.com SITE AND THE talent-sketch.com 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.
16. Limitation of Liability.
talent-sketch.com'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY talent-sketch.com SITE OR YOUR USE OF THE talent-sketch.com CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED USD 100.
17. Links to Other Sites
talent-sketch.com and certain other talent-sketch.com 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.
18. No Resale or Unauthorized Commercial Use
22. talent-sketch.com Learning
talent-sketch.com represents and offers various services of training providers, but does not provide the learning offered under talent-sketch.com Learning. Unfortunately, from time to time training classes are cancelled or changed due to a variety of reasons, including under enrolment, course instructor shortages, re-allocation of learning resources and other logistical problems. While talent-sketch.com will work with you to help You contact your Learning Provider (see Learning Provider Index page), class changes and cancellations are not within talent-sketch.com's control. Accordingly, talent-sketch.com is not responsible for any loss, damage, liability, expense or other problem or cost that You may incur or that may arise as a result of any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, location or time of the class, or change in the instructor, facilities or equipment used in the class.
23. Term and Termination