OneResume | Terms of Use

ONERESUME.COM TERMS OF USE

Welcome to OneResume, Inc.

PLEASE READ THESE TERMS OF USE CAREFULLY.

Dated August 30, 2008

OneResume, Inc. ("OneResume") owns and runs OneResume.com, (the "Website"). By accessing and using the Website, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE WEBSITE IN ANY MANNER. OneResume reserves the right to limit or terminate your access to the Website if you do not comply with these Terms of Use.

You must be at least 13 to use the Website. If OneResume discovers through reliable means that you are younger than 13, OneResume will cancel your account.

OneResume reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Website after the posting of any changes to the Terms of Use means that you have accepted those changes.

Content You Post to the Website

You may post content to other career websites (the "Career Sites") and share comments and content with other users through the Website. By using the Website, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

a. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
b. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
c. is illegal;
d. is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
e. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
f. you do not have a right to make available under law or contractual or fiduciary relationships;
g. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
h. bears any false, disguised or misleading origin;
g. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Website. OneResume reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Website and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF THE WEBSITE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITE AND THE SERVICES PROVIDED THEREBY.

Prohibited Activities

You may not use the Website to do any of the following:

a. harass or advocate harassment of another person or entity;
b. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
c. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
d. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
e. transmit unsolicited mass mailings or "spam;"
f. collect or store any information about other users or members, other than in the normal course of using the Website for their intended purpose of facilitating voluntary communication among users;
g. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to the Website:

a. use the Website in any manner that could damage, disable, overburden, disrupt or impair the Website or any OneResume server, or the network(s) connected to any OneResume server, or interfere with any other party's use and enjoyment of the Website
b. disobey any applicable policies or regulations of networks connected to the Website;
c. modify, adapt, translate or reverse engineer the Website
d. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;
e. frame the Website or reformat them in any way; or
f. create user accounts using any automated means or under false pretenses.

Other Requirements

To the extent that you use or connect to any third party websites through the Website, you agree that you will comply with all terms and conditions of use for such third party websites, including without limitation, the proper registration for, acquisition and use of a user name and password for such website.

You understand that the Website and services offered thereby are offered to the public free of charge. If you use the Website to advertise products or services in any way other than pursuant to a Advertising Agreement executed by you and OneResume ("Unauthorized Advertising"), OneResume reserves the right to restrict your access to the Website and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Website for commercial use, you may request, or OneResume may request that you work with OneResume, subject to OneResume's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Website.

You understand that the Website acts only as a forum and technical interface between users and that OneResume does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to OneResume. OneResume cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you, and that you use the Website at your own risk.

Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using the Website, and acknowledge that using the Website may result in interstate and international transmission of data.

By posting information or content to, or otherwise causing content to be displayed on the Website, you automatically grant, and you represent and warrant that you have the right to grant, to OneResume an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

No information or content of any kind that you submit to OneResume, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Website shall be deemed confidential or secret information.

"OneResume" is a registered trademark of OneResume, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:

"Monster" is a registered trademark of Monster Worldwide.
"HotJobs" is a registered trademark of Yahoo! Inc.
"CareerBuilder" is a registered mark of CareerBuilder.

THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
Monster Worldwide, Yahoo! Inc. or CareerBuilder.

In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OneResume to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. OneResume's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By email: service@oneresume.com (Attn: Copyright Agent). With a copy by mail to: 1046 Amsterdam Avenue, Suite 19, New York, New York, 10025 (Attn: Copyright Agent).

OneResume respects your desire for privacy. OneResume's Privacy Policy can be found at http://www.oneresume.com/privacy. By using the Website, you are consenting to the terms of our Privacy Policy.

The Website may contain links to third-party sites that are not under the control of OneResume, and OneResume is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that OneResume endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. OneResume is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Website.

In addition, links to advertising that has not been approved by OneResume may be embedded in third party content displayed on the Website. OneResume is not responsible for any content, cookies, or other technology used in connection with such advertising.

Provisions Relating to Monster and Other Career Sites

OneResume users can use OneResume to log into and use their accounts with Career Sites. Your use of any of such Career Sites through OneResume is subject to the terms and conditions of those services.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON THIS WEB SITE IS PROVIDED AS-IS. WITHOUT WARRANTY OF ANY KIND AND ONERESUME HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ONERESUME DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall OneResume be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Website or information available from the Website.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Website. The Website may contain technical inaccuracies or typographical errors. OneResume assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Website.

OneResume may terminate or make changes to all or any portion of the Website, product offerings, and any other information and materials on the Website and may delete any content that has been submitted to the Website at any time and without notice or liability.

You agree to indemnify, defend, and hold OneResume and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Website. Any such indemnification shall include the payment of reasonable attorneys fees incurred in the defense of such claim.

OneResume reserves the right to terminate your privilege to use the Website at any time for any reason. In addition, OneResume shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; (ii) terminate any use of the Website if OneResume determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Use; and (iii) inform law enforcement of any illegal activity or material OneResume suspects or discovers on, through, or otherwise relating to the Website and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

The Terms of Use, the Privacy Policy and any applicable guidelines posted on the Website constitute the entire agreement between you and OneResume, govern your use of the Website, and supersede any prior agreements between you and OneResume relating to your use of the Website (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional OneResume services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Website you agree that the statutes and laws of the United States and the State of New York, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City of New York. The failure of OneResume to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties. intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

If you have any comments or questions you may address them to the customer service department at OneResume at service@oneresume.com, or via mail addressed to Customer Service, OneResume, Inc., 1046 Amsterdam Avenue, Suite 19, New York, New York, 10025.