TERMS OF USE
- Use of the mjobmarket.com Website (the “Site”)
Use of the Site is subject in all respects to these Terms of Use (the “Terms”). By using or accessing
this Site you agree to these Terms. You should therefore review these Terms carefully before each
use of this Site and, if you do not agree to the Terms, you must exit the Site in order to avoid being
bound by them. These Terms may be modified from time to time by mjobmarket.com , without
advance notice. All use and accessing of the Site will be subject to the Terms in the form most
recently published on the Site at the time of such accessing or use. - Visitors to the Site
The provisions in this section of the Terms relate primarily to users who visit the Site in order to
review the Site content. Additional provisions, relating specifically to users who submit content to
mjobmarket.com , appear later in these Terms.
2.1 Rights to Content – The entire contents of the Site (“Content”) are protected by copyright
and other intellectual property laws, belonging to mjobmarket.com , its affiliates, or by
third parties who have licensed content to mjobmarket.com .
2.2 Personal Use – You are permitted to download and print any part of the Content to which
you properly gained access, but only for your own personal, non-commercial use. You are
not permitted to modify, reproduce, republish or otherwise distribute any part of the
Content.
2.3 Trademarks – The names and logos of mjobmarket.com are trademarks belonging
exclusively to mjobmarket.com . Any and all other trademarks, names and logos appearing
on the Site are the property of their respective owners. You are not permitted to display or
make any use of any of names, logos or trademarks appearing on the Site, without the
prior written permission of their respective owners.
2.4 Third Party Content – A portion of the Content is provided to mjobmarket.com by third
parties and the source of such Content may be indicated on the Site. mjobmarket.com
does not endorse such Content or the third parties who supply it, nor does
mjobmarket.com warrant or represent in any way that such Content is current, accurate,
complete or reliable. The third parties who contribute Content are solely responsible for
such Content. The above principles apply also to the content of any site for which links may
be displayed in the Site. For avoidance of any doubt, unless and to the extent expressly
stated otherwise with respect to any particular portion of Content, mjobmarket.com does
not endorse any Content, nor does Mjobmarket.com warrant or represent in any way that
Content is current, accurate, complete or reliable.
2.5 Disclosure – Content will often have a marketing and promotional slant, even if it is not
identified as paid or sponsored content, and you should always bear in mind that
mjobmarket.com may well be receiving payment or other benefits in return for publishing
Content and in return for you visiting, interacting with, or purchasing goods or services
from, any third party website mentioned by, recommended by, hyperlinked to, or
otherwise referenced on the Site. You should always perform due diligence before buying
any goods or services, and make your own mind up about whether they are goods and
services which you need, whether the price is attractive and whether the vendor is to be
trusted. mjobmarket.com will bear no liability for any and all inter actions between you
and any such third parties.
- Content Contributors
The provisions in this section of the Terms relate primarily to users who contribute Content to the
Site, whether as freelance services providers or seekers or any other services or otherwise.
3.1 Definitions – For the purposes of these Terms, “User Contributions” means all of the text,
images, sounds and other content that you submit to mjobmarket.com , whether for
inclusion in the Site or for publication on third party sites or otherwise, and “Contributor”
means any entity that makes a User Contribution. Rights granted to mjobmarket.com in
respect of User Contributions and Contributors shall be deemed granted also to affiliates,
successors and assigns of mjobmarket.com and to any third party to whom
mjobmarket.com submits such User Contributions.
3.2 Prohibited User Contributions – All Contributors are prohibited from submitting any User
Contributions which in whole or part do any of the following:
contain any material protected by third party copyright or other rights of any kind,
unless such third party has granted its prior written permission for such submission;
infringe the copyright, intellectual property rights or personal or any other rights of
any entity;
contain false or misleading information or claims;
contain material which is sexually explicit, pornographic, racist, hateful,
threatening, or inappropriate in any other way;
promote illegal activity;
contain any viruses or malware;
promote political views or candidates;
are inconsistent with public morals;
violate any of the laws to which the Site may be subject;
violate any of these Terms.
Contributors will be exclusively liable, including but not limited to criminal liability and
liability towards any government authority, for any and all consequences of any User
Contribution that violates any of these Terms.
3.3 Copyright in User Contributions – By submitting a User Contribution, you are confirming
and warranting to mjobmarket.com and its users that you are the owner of the copyright
in such User Contribution or have obtained the prior written permission of the owner of
such copyright to publish and upload the content contained in such User Contribution.
3.4 Use of User Contributions – By submitting a User Contribution, a Contributor grants to
mjobmarket.com and its affiliates, successors and assigns, a perpetual, irrevocable,
worldwide, royalty free and non-exclusive license to use, exploit, copy, display, publish,
perform or distribute such User Contribution, as may be amended by mjobmarket.com in
accordance with these Terms, without restriction and without compensating the
Contributor in any way. Each such Contributor also grants to mjobmarket.com and its
affiliates, successors and assigns the right to use such Contributor’s name in connection
with the User Contribution.
3.5 Amendment of User Contributions – By submitting a User Contribution, a Contributor
grants to mjobmarket.com and its affiliates, successors and assigns, the full and
unrestricted right to review, edit, modify and delete any portion of the User Contribution,
whether this is because mjobmarket.com deems such portion to violate any of these
Terms or to be inappropriate for the purpose for which it was submitted, or to be
inconsistent with any applicable laws, regulations or customs, or for any other reason
whatsoever, in mjobmarket.com ’s discretion. mjobmarket.com may endeavor from time
to time to update a Contributor regarding any modification made by Mjobmarket.com to a
User Contribution, prior to or after such publication, but Mjobmarket.com is not obliged to
update in this way and in many cases may not provide such update. Although
mjobmarket.com is entitled to take any of the above actions in its discretion, it does not
undertake to take any such actions, and nothing in the foregoing in any way diminishes
from the exclusive liability of the Contributor for the content of the User Contribution or
from the exclusive responsibility of Contributor to ensure that the User Contribution
complies in all respects with these Terms and with all applicable laws and regulations.
3.6 Press Releases – Any Contributor who submits to mjobmarket.com a User Contribution for
the purpose of its being published, republished or distributed in the form of a press release
or other marketing or promotional release, whether on the Site or on any third party site,
also agrees to the following additional provisions:
a. mjobmarket.com will post such User Contribution on the Site and/or on whichever
other sites mjobmarket.com considers appropriate in its discretion.
b. mjobmarket.com makes no representation as to the quantity or nature of sites on
which such User Contribution will be posted, or as to the effectiveness of such
publication, and does not guarantee any particular outcome arising out of such
publication.
c. mjobmarket.com will endeavor to notify such Contributor of the sites to which it
posted such User Contribution, but such notification may not always be complete
and does not in any way diminish the rights and discretion of Mjobmarket.com in
accordance with these Terms.
d. mjobmarket.com shall have no control over the republishing of such User
Contributions by one or more third parties, and takes absolutely no responsibility
over such republishing.
- Copyright infringement
4.1 Third Party Allegations – mjobmarket.com respects the copyright and intellectual property
rights of third parties. Accordingly, mjobmarket.com specifically reserves all rights to
remove any and all User Contributions, in whole or in part, for which allegations were
made to mjobmarket.com that they give rise to any claim of infringement of third party
rights, without coordinating the matter with the Contributor, or informing the Contributor,
or performing any kind of verification process with respect to such allegations.
4.2 Protection of Your Rights – If you believe that your own work, or the work of a third party
for whom you are authorized to act, appears on the Site in a manner that constitutes
copyright infringement, please notify us immediately. Your notice must be made in writing
and sent to [email protected] and must include:
your name, address, telephone number, and email address, and, if you are not the
owner of the copyright, the name of the owner;
a clear description of the copyrighted work that you claim has been infringed;
a clear description of where such material appears on the Site;
a written statement by you that the information contained in your notice is
accurate and that you are the owner of the copyright or authorized to act on the
copyright owner’s behalf.
a written statement by you that you believe in good faith that the appearance of
such material on the Site was not authorized by or on behalf of the copyright
owner;
Any such notice which does not comply with the above requirements will not be deemed
sufficient notice to give rise to any knowledge or deemed knowledge on the part of
mjobmarket.com as to the existence of any such copyright and/or the infringement of any
such copyright.
- Own Risk; Disclaimer; Limitation of Liability
5.1 Own Risk – All use of the Site is entirely at your own risk and responsibility.
5.2 Disclaimer – MJOBMARKET.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH
RESPECT TO THE SITE OR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR
PROMOTED THROUGH THE SITE. THE SITE AND ALL OF THE INFORMATION, PRODUCTS AND
SERVICES THAT MAY BE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS
IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, MJOBMARKET.COM DISCLAIMS ANY AND
ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT
TO THE SITE AND THE CONTENT AND THE INFORMATION, PRODUCTS AND SERVICES THAT
MAY BE MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, MJOBMARKET.COM DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NONINFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE
CONTENT IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT THE SITE WILL
OPERATE WITHOUT INTERRUPTION OR ERROR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO
YOU.
5.3 Limitation Of Liability – MJOBMARKET.COM IS NOT RESPONSIBLE OR LIABLE IN ANY WAY
FOR ANY USER CONTRIBUTIONS. ALTHOUGH MJOBMARKET.COM MAY PROVIDE RULES
FOR USER CONTRIBUTIONS, MJOBMARKET.COM IS NOT RESPONSIBLE FOR CONTENT OF
USER CONTRIBUTIONS AND IS NOT RESPONSIBLE FOR ANY OBJECTIONABLE USER
CONTRIBUTIONS.
UNDER NO CIRCUMSTANCES, SHALL MJOBMARKET.COM OR OUR AFFILIATES, EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT
LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES
PROVIDED OR PURCHASED THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND
DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL
THEORY, EVEN IF MJOBMARKET.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS
OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN MJOBMARKET.COM ’S LIABILITY THAT
OTHERWISE WOULD HAVE BEEN LIMITED BY THESE TERMS SHALL NOT EXCEED THE
AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO MJOBMARKET.COM IN
CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR $20.00, WHICHEVER IS
HIGHER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF
DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT
APPLY TO YOU.
- Indemnification
You agree to defend, indemnify and hold harmless mjobmarket.com , its affiliates, licensors and its
and their respective officers, directors, employees, contractors, agents, licensors, suppliers,
successors and assigns from and against any and all claims, liabilities, damages, judgments,
awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or
relating in any way to your use of the Site other than as expressly authorized in these Terms
and/or your violation of any of these Terms. - Miscellaneous
Any use of the word “including” in these Terms shall be construed as meaning “including, without
limitation”, unless expressly stipulated to the contrary. Section headings are for convenience
purposes only, and may not be used in the construction or interpretation of these Terms. No
principle of construction against the drafter shall apply in the construction of these Terms. No
failure or delay on the part of mjobmarket.com in exercising any right and/or remedy to which it
may be entitled hereunder and/or by law shall operate as a waiver by mjobmarket.com of any
right whatsoever. No waiver of any right of mjobmarket.com under these Terms shall be deemed
as a waiver of any further or future right hereunder, whether or not such right is the same kind of
right as was waived in a previous instance. In case any provision of the Terms shall be declared
invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired thereby and shall continue in full force and effect.
These Terms constitutes the entire agreement between you and mjobmarket.com with respect to
the subject matter hereof. This Agreement shall be governed by and construed in accordance with
the laws of England and Wales, without regard to its rules of conflict of laws and, in the event of
any dispute arising out of or relating to these Terms and/or the Site, you hereby agree and submit
to the exclusive jurisdiction of the competent courts in the place of domicile of the defendant in
such action.