1. Introduction. Please read this page carefully.
These terms and conditions outline the rules and regulations for the use of iShore Software Solutions’ Website, located at https://www.recruiterfolks.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Recruiter-folks if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms and Conditions Generator.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Recruiter-folks), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the "Agreement") between you and Recruiter-folks. Your access to or use of the Recruiter-folks Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
4. "Recruiter-folks Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
5. "Recruiter-folks Web Site" or the "Site" (collectively, the "Recruiter-folks Websites" or the "Sites") means any web site under Recruiter-folks’ control, whether partial or otherwise and includes such Site's Content, Recruiter-folks Materials and Services (as applicable in each context).
6. "Content" means Recruiter-folks web pages, web forms, programming (including software code used on the Sites and in the Services, including
a) Tools, kits, and object libraries,
b) All third-party or open source code embedded therein, and
c) Any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Recruiter-folks (including, among others, its "Resume Database," "Salary Calculator Database," "Talent Stream Supply & Demand Database" and the Recruitment Edge Database), data submitted via the Sites by Users and other content made available through the Sites by Recruiter-folks.
7. "Document" refers to any posting to a Site, whether job or resume.
8. "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
9. "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
10. "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
11. "Services" means any services provided by Recruiter-folks or its agents described herein and specified more fully in the Service Activation Agreement.
12. "User" refers to any individual or entity that uses any aspect of the Sites.
13. "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
14. Intellectual Property Rights and Acceptable Use of the Sites and Services.
15. General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Recruiter-folks’ intended and acceptable use of the Sites. Recruiter-folks is the sole interpreter of the Sites' intended and acceptable use.
16. Recruiter-folks Intellectual Property Rights. The Sites, the Recruiter-folks Materials and all right, title and interest in and to the Sites and Recruiter-folks Materials are the sole property of Recruiter-folks or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Recruiter-folks reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Recruiter-folks Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes:
(a) Copying or adapting the HTML code used to generate web pages on the Sites;
(b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Recruiter-folks on such Recruiter-folks Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and
(c) Aggregating, copying or duplicating in any manner any of the Content or information available from any of the Recruiter-folks Sites, without the express written consent of Recruiter-folks. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Recruiter-folks Materials are not considered to be works for hire and you may duplicate such Recruiter-folks Materials only for the purposes outlined in the Service Activation Agreement. "Recruiter-folks," "Personified", the Recruiter-folks design logo and certain other names or logos are service marks or trademarks of Recruiter-folks, and all related product and service names, design marks and slogans are the service marks or trademarks of Recruiter-folks. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Recruiter-folks’ trademarks, service marks and copyrights.
(d)Any code that Recruiter-folks creates to generate or display the Content or the pages making up the Sites is also protected by Recruiter-folks’ copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Recruiter-folks Materials on any authorized copy you make of the Content or Recruiter-folks Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
17. License to Use by Users who are Job Seekers. Recruiter-folks hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Recruiter-folks reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
18. License to Use by Users who are Employers. Recruiter-folks hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Recruiter-folks also grants you a limited, terminable, non-exclusive license to use the Recruiter-folks Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Recruiter-folks to any third party without the express written authorization of Recruiter-folks. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Recruiter-folks reserves the right to suspend or terminate your access and use at any time if Recruiter-folks determines that you are in breach of these Terms and Conditions.
19. Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Recruiter-folks a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
20. Use of Aggregate Data. You understand and agree that Recruiter-folks owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Recruiter-folks may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, you’re Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
21. User Submissions. Recruiter-folks welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Recruiter-folks does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Recruiter-folks creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Recruiter-folks. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Recruiter-folks’ part, and Recruiter-folks will not be liable for any use or disclosure of any User Submission. Recruiter-folks shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
22. Disclaimers and Limitations on Recruiter-folks’ Liability.
23. Allocation of Responsibility Recruiter-folks assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Recruiter-folks acts as a portal 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 Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Recruiter-folks may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Recruiter-folks has no liability or responsibility to Users for performance or nonperformance of such activities. Recruiter-folks may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
24. No endorsements by Recruiter-folks. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
25. WARRANTY DISCLAIMERS.
(a) Recruiter-folks makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.
(b) Due to the nature of this Agreement, in addition to money damages, you agree that Recruiter-folks will be entitled to equitable relief upon a breach of this agreement by you.
27. User Authentication. Because User authentication on the Internet is difficult, Recruiter-folks cannot and does not confirm that each User is who they claim to be. Because Recruiter-folks does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Recruiter-folks from claims, demands and damages (actual and consequential and 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.
28. Data Protection. If you are an Employer, this Section 7 applies
29. To the extent that the provision of the Services under this Agreement involves the processing of Employer Personal Data by Recruiter-folks as a processor on behalf of Employer as a data controller under GDPR, Recruiter-folks’ Data Protection Addendum is incorporated into, and hereby forms a part of, this Agreement.
30. To the extent that the provision of the Services under this Agreement involves personal data subject to GDPR other than Employer Personal Data, such data is provided by Recruiter-folks as a data controller to Employer as a data controller for the Intended Purpose and:
31. Recruiter-folks warrants that it has an adequate legal basis under GDPR for sharing that data with Employer for the uses permitted by Section 4.4; and
32. Links to Other Sites. Recruiter-folks contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Recruiter-folks of the contents on such third-party web sites. Recruiter-folks 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.
33. Amendments to this Agreement and Changes to Sites. Recruiter-folks may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Recruiter-folks unless Recruiter-folks agrees to them in a signed writing specifically including those new or different terms. Recruiter-folks may change the Sites at any time.
34. Indemnity. You agree to defend, indemnify, and hold harmless Recruiter-folks (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Recruiter-folks shall use reasonable efforts to provide your prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
35. Use of Your Data. If you have purchased Recruitment Analytics Services, then you may provide Recruiter-folks with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files ("Job Seeker Data"). You hereby grant Recruiter-folks a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company's use. Notwithstanding the foregoing, you understand and agree that Recruiter-folks may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.
36. Additional Terms in Connection with Use of Recruitment Analytics Services. If, in your Service Activation Agreement with Recruiter-folks, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you: