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Terms of Use
This page states the "Terms and Conditions" under which you may use
GigBlast.com. Please read this page carefully. If you do not accept the
Terms and Conditions stated here, do not use this web site and service. By
using this web site, you are indicating your acceptance to be bound by the
terms of these Terms and Conditions. GigBlast (the "Company") may revise
these Terms and Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions, 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.
Use of Web Site Content.
The Company authorizes You to view and access a single copy of the content
available on or from GigBlast.com (the "Web Site") solely for your personal,
noncommercial use.
The contents of this Web Site, and of all other websites under the Company's
control, whether partial or otherwise (the Website and such other websites are
sometimes collectively referred to as "GigBlast Sites") such as text,
graphics, images, logos, button icons, software and other Web Site content
(collectively, "Web Site Content"), are protected under both United States and
foreign copyright, trademark and other laws. All Web Site 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 this Web
Site is the exclusive property of the Company and protected by U.S. and
international copyright laws. Unauthorized use of the Web Site Content may
violate copyright, trademark, and other laws. You must retain all copyright,
trademark, service-mark and other proprietary notices contained in the original
Web Site Content on any copy You make of the Web Site Content. You may not sell
or modify the Web Site Content or reproduce, display, publicly perform,
distribute, or otherwise use the Web Site Content in any way for any public or
commercial purpose. The use of the Web Site 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 Web Site Content or the pages making up any GigBlast Site. It is also
protected by the Company's copyright.
Acceptable Site Use.
General Rules: Users may not use any GigBlast Site in order to transmit,
distribute, store or destroy material, including without limitation Web Site
Content, (a) in violation of any applicable law or regulation, (b) 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 (c) that is defamatory, obscene, threatening, abusive or
hateful.
GigBlast Site Security Rules.
Users are prohibited from violating or attempting to violate the security of any
GigBlast Site, including, without limitation, (a) accessing data not
intended for such user or logging into a server or account which the user is
not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service
to any user, host or network, including, without limitation, via means of
submitting a virus to any GigBlast Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing", or (d) 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.
Specific Prohibited Uses.
GigBlast Sites may be used only for lawful purposes by individuals seeking
employment and career information and employers seeking employees. The Company
specifically prohibits any use of the Web Site, and all users agree not to use
the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or
information which is not your own accurate resume (living individual seeking
employment on a full-time or part-time basis on his or her own behalf).
Posting 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 career minded individual
would be selling, in which case such postings are permissible), requires
recruitment of other members, sub-distributors or sub-agents.
Using the GigBlast 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.
Sending unsolicited mail or e-mail, making unsolicited phone calls or sending
unsolicited faxes regarding promotions and/or advertising of products or
services to a user of a GigBlast Site.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with
the proper working of any GigBlast Site or any activity being conducted on
this site.
Taking any action which imposes an unreasonable or disproportionately large load
on any GigBlast Site's infrastructure.
If You have a password allowing access to a non-public area of this Web Site,
disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or attempting
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 GigBlast Site other than the search
engine and search agents available from the Company on such GigBlast Site
and other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of any GigBlast Site.
Aggregating, copying or duplicating in any manner any of the Web Site Content or
information available from any GigBlast Site.
Framing of or linking to any of the Web Site Content or information available
from any GigBlast Site.
User Information.
When You register for the Web Site, You will be asked to provide the Company
with certain information including, without limitation, a valid email address
(your "Information"). In addition to the terms and conditions that may be set
forth in any privacy policy on this Web Site, You understand and agree that the
Company may disclose to third parties, on an anonymous basis, certain aggregate
information contained in your registration application. The Company will not
disclose to any third party your name, address, e-mail address or telephone
number without your prior consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings where such
information is relevant. 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 Policy for further
details regarding your Information.
Each candidate made available through the skilled and hourly section of the High
Steppin Web Site 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.
User Submissions.
As a user, You are responsible for your own communications and are responsible
for the consequences of their posting. You must not, and by using any High
Steppin Site You agree not to, do the following things: post material that is
copyrighted, unless You are the copyright owner or have the permission of the
copyright owner to post it; post material that reveals trade secrets, unless
You own them or have the permission of the owner; post material that infringes
on any other intellectual property rights of others or on the privacy or
publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another user or
any other person or entity; post material that is off-topic on topic-specific
message boards; post a sexually explicit image or statement; post
advertisements or solicitations of business, post chain letters or pyramid
schemes; impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of 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.
The Company acts as a passive conduit 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 material posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions, the Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. The Company has
no liability or responsibility to users for performance or nonperformance of
such activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and Conditions or
the law and the right to remove communications which are abusive, illegal, or
disruptive. The Company may take any action with respect to user-submitted
information that it deems necessary or appropriate in its sole discretion if it
believes it may create liability for the Company or may cause the Company to
lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of any GigBlast Site,
including message boards, forums, contests and chat rooms, You grant the
Company and its affiliates the loyalty-free, perpetual, irrevocable,
sublicenseable (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 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 subscriber to access, display, view, store and reproduce such
content for personal use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such
content.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job
or are otherwise misleading contained in a job posting are prohibited.
We appreciate hearing from our customers and welcome your comments regarding our
services and the GigBlast 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
confidence 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.
Registration and Password.
You are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration, whether
or not authorized by You. You agree to immediately notify the Company of any
unauthorized use of your registration or password.
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
this Web Site and is accessible on this Web Site in a way that constitutes
copyright infringement, please notify us by providing us
agent with the following information:
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The physical or electronic signature of either the copyright owner or of a
person authorized to act on the owner's behalf;
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A description of the copyrighted work You claim has been infringed, and a
description of the activity that You claim to be infringing;
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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;
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Your name, address, telephone number and, if You have one, your e-mail address;
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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
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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.
Need help with a Career minded issue? Contact us now.
Policy Regarding Termination Of Users And Account Holders Who Repeatedly
Infringe The Copyright Or Other Intellectual Property Rights Of Others
GigBlast Worldwide Inc., GigBlast Corporation, GigBlast.com, 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 this Web Site, You agree
not to use the Web Site or any other GigBlast Site to infringe the
intellectual property rights of others in any way. We will terminate the
accounts of any account holders, and block access to our Web Site and/or the
other GigBlast 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.
The Company's Liability.
GigBlast.com is only a venue. This Web Site 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.
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 the Web
Site and/or the other GigBlast 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 GigBlast 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."
We are under no legal obligation to, and generally do not, control the
information provided by other users which is made available through the Web
Site and/or the other GigBlast 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 this Web Site
and/or the other GigBlast Sites.
The Web Site Content may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability, completeness,
or timeliness of any GigBlast Site or the Web Site Content. The use of High
Steppin Sites and the Web Site Content is at your own risk. Changes are
periodically made to GigBlast 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
GigBlast Sites. Employers are solely responsible for their postings on High
Steppin Sites.
The Company is not to be considered to be an employer with respect to your use
of any GigBlast Site and the Company shall not be responsible for any
employment decisions, for whatever reason made, made by any entity posting jobs
on any GigBlast Site.
THE COMPANY DOES NOT WARRANT THAT ANY GigBlast SITE WILL OPERATE ERROR-FREE
OR THAT ANY GigBlast SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY GigBlast SITE OR THE WEB SITE
CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE GigBlast SITES AND WEB SITE
CONTENT ARE 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 WEB SITE
CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
ANY GigBlast 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 GigBlast SITE AND THE WEB SITE 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.
Links to Other Sites.
The Web Site and certain other GigBlast 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.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms
of Use. You also agree not to make any unauthorized commercial use of any High
Steppin Site.
LIMITATION OF LIABILITY
GigBlast'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY HIGH
STEPPIN SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF
ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT
EXCEED $100.
Termination.
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your postings from
this Web Site and the other GigBlast Sites and immediate termination of
your registration with or ability to access this Web Site and the other High
Steppin Sites and/or any other service provided to You by the Company, upon any
breach by You of these Terms and Conditions or if the Company is unable to
verify or authenticate any information You submit to the Web Site or other High
Steppin Site registration.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from (i) any material You provide to a GigBlast Site,
(ii) any Web Site Content that You use or (iii) your breach of the terms of
these Terms and Conditions. The Company shall provide notice to You promptly of
any such claim, suit, or proceeding and shall assist You, at your expense, in
defending any such claim, suit or proceeding.
General.
The Company makes no claims that the Web Site Content may be lawfully viewed or
accessed outside of the United States. Access to the Web Site Content may not
be legal by certain persons or in certain countries. If You access the Web Site
from outside of the United States, You do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms and
conditions are governed by the internal substantive laws of the State of New
York, without respect to its conflict of laws principles. Jurisdiction for any
claims arising under this agreement shall lie exclusively with the state or
federal courts within White Plains, New York. If any provision of these Terms
and Conditions are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in additional terms of use for areas of the Web
Site, a particular "Legal Notice," or Software License or material on
particular Web pages, these Terms and Conditions constitute the entire
agreement between You and the Company with respect to the use of Web Site. No
changes to these Terms and Conditions shall be made except by a revised posting
on this page.
Additional Terms of Use.
Certain areas of this Web Site and the other GigBlast Sites are subject to
additional terms of use. By using such areas, or any part thereof, You agree to
be bound by the additional terms of use applicable to such areas.
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