Users are also prohibited from violating or attempting to violate the security of any Monster Site, including, without limitation the following activities:
4. 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.
5. Use of the Monster Services
the job posting, resume database (“Monster Resume Database”) and other features of the Monster Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, the Monster Communities may be used by individuals for permitted professional and personal networking purposes. Your use of the Monster Services is also subject to any other contracts You may have with Monster. In the case of any conflict between these Terms and any contract you have with Monster, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a Monster Site.
6. Specific Prohibited uses
The job posting and resume database features of monster.com.ph may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.
The Company specifically prohibits any other use of monster.com.ph, and all Users agree not to do any of the following:
The Company also specifically prohibits any use / insertion of any of the User’s URL, web link, e mail address and website while posting any job on monster.com.ph and all Users agree not to use / insert any of the User’s URL, web link, e mail address and website while posting any job on monster.com.ph.
On nonconformance by users of any of the aforesaid terms as envisaged in section 3 and 6 above, Monster may in its sole discretion, restrict or terminate the offending User's ability to access the Monster Site(s) and determine whether to take any other actions or to remove or request the removal of the User Content. Monster has no liability or responsibility to Users for performance or nonperformance of such activities. Additionally, Monster has the right to initiate appropriate proceedings against the offending user as per law.
7. User Content and Submissions
You are solely responsible for your My Monster Account information, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on any Monster Site or transmit to other Users. By posting User Content to any Monster Site, You automatically grant, and You represent and warrant that You have the right to grant, to Monster 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 Monster Site, including message boards, forums, contests and chat rooms, You grant the Company and its parent company and affiliates the loyalty-free, perpetual, irrevocable, sublicense able (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 Monster Site retains any and all rights that may exist in such User Content.
You agree that any email send by an employer to a jobseeker for any prospective job opportunity through Monster website may be stored at the Monster account of the said jobseeker for at least a period of 7 days, to enable the said jobseeker to access the email, as send by the employer, to take a conscious decision about the job offer in the said email.
The following is a partial list of User Content that is prohibited on the Monster Sites. The list below is for illustration only and is not a complete list of all prohibited User Content:
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 Monster 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.
8. Registration and Password
You are responsible for maintaining the confidentiality of your account access information and passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the Monster account and Monster Services. You agree to immediately notify the Company of any unauthorized use of your Account, and passwords.
9. Additional terms applicable to Employers
You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Monster Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Monster of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on Monster Sites. Monster is not to be considered to be an employer with respect to Your use of any Monster Site and Monster shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Monster Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Monster, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Monster's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Monster.s web servers.
In order to protect our Monster Community Users from commercial advertising or solicitation, Monster reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Monster deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. Monster does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
A Job posting may not contain:
You may not use Your Monster job posting to:
Monster reserves the right to remove any job posting or content from any Monster Site, which in the reasonable exercise of Monster’s discretion, does not comply with the above Terms, or if any content is posted that Monster believes is not in the best interest of Monster.
If at any time during your use of the Monster Services, You made a misrepresentation of fact to Monster or otherwise misled Monster in regards to the nature of your business activities, Monster will have grounds to terminate your use of the Monster Services.
Use of the Monster Resume Database by Employers
You shall use the Monster Resume Database as provided in these Terms and in any contract You have with Monster. You shall use the Monster Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Monster Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Monster Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The Monster Resume Database shall not be used:
In order to ensure a safe and effective experience for all of our customers, Monster reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Monster’s sole discretion from time to time.
10. Additional terms applicable to Job Seekers.
When You register with any Monster Site, You will be asked to create an account and provide Monster with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
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 Monster Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Monster account or Your Monster account is terminated, all Your account information from Monster, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Monster's databases and will be removed from any public area of the Monster Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Monster’s web servers. In addition, third parties may retain saved copies of Your Information.
Monster reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
11. Data Privacy and SMS Alerts
In the context of the 'alerts' service being introduced by Monster; the candidate consents to the use of his personal data in the form of cellular phone number(s) being used by Monster to forward relevant job alerts and other information as and when they become available.
12. Professional Networking
Professional Networking is a facility introduced by Monster on its website for networking between Employer, their Recruiters and Job seekers through their respective Monster Accounts which will facilitate them in fulfillment of career and job opportunities through this unique facility.
Terms for Job Seekers:
Jobseekers have the capability to connect with other job seekers on Monster website through their respective Monster Accounts. This connect can happen only among seekers who have some common background like being colleagues at a company, college alumni, through their connect on email/social networks, or through their common connections on the Professional network. Job Seekers can use their profile in Monster Account for their Professional Network. Job Seekers may limit their profile access & visibility on the Professional network at their discretion. They can also control the flow of social activities related information to their contact IDs using their account settings.
Job seekers shall have three profile preferences - Public, Limited and Private.
As a jobseeker, you understand and acknowledge that if you cancel your Monster account or your Monster account is terminated, all your information in the Professional network, will be marked as deleted in and may be deleted from Monster's databases and will be removed from any public area of the Monster Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Monster’s web servers. However, your connections and third parties may retain saved copies of Your Information.
Terms for Recruiters:
Recruiters associated with Monster’s paid Clients, Customers/ Employers can create their Individual recruiter profile on Monster website, which shall be registered by Monster at its sole discretion. These recruiters will function as authorized users of their company’s Monster account(s). They can use their profile to manage their company’s profile, post jobs, do database searches and perform other recruitment related activities for their company. They can have a direct connect with the jobseekers, who can follow them to know about their activities.
Such authorized recruiters shall be solely responsible for managing Professional Networking profile and will not be able to represent the same account as soon as their engagement terminates with their respective Company. However, such recruiter’s Professional Networking profile will be there on Monster’s Professional Network containing the basic information of such recruiters along with the followers, which can be used by the recruiter for any other Monster Employer on association with the other Monster Employer. Monster reserves the right to delete or remove of any such individual authorized recruiters without notice if it comes to Monster's knowledge or if it is otherwise notified to Monster that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and Monster may also terminate access to its Website permanently.
Additional terms for non-customer Recruiters creating Recruiter Profile on Monster site.
The non-customer Recruiters, either individuals, free lancers or other entities (“non-customer Recruiters”) who create Recruiter Profile on Monster site shall be solely responsible for managing their respective Recruiter Profile on Monster sites, submission of true & correct information and ensure that the data, job posting, and other information submitted through Recruiter profile is correct, true and not misleading and shall not upload, display of data, job posting and other material in Monster sites which : is in violation of any applicable law or regulation; will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others; belongs to another person/entity and to which you do not have any right to; deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature; impersonate another person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Monster’s computer systems or sites or Monster’s users, customer’s computer systems or site; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, seeking money from jobseekers, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
Such non-customer Recruiters authorize Monster to use their information in order to send e-mail or other communications regarding offers and updates at Monster sites to contact them about their opinion about current Monster products and services or potential new products and services that may be offered and also authorize Monster to provide additional communications, promotions and information on new Monster opportunities, product/services and additional job postings. The nature and frequency of these messages will vary depending upon the information we have about such Recruiters. Monster reserves the right to restrict/amend the features of Recruiter’s Profile, manner of its use, as Monster deems appropriate in its sole discretion.
Such non-customer Recruiters agree to defend, indemnify, and hold harmless Monster, its affiliates, and their respective 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 content or other material provided to Recruiter profile, (ii) Use of any Monster content, or (iii) breach of these terms.
On non-conformance of any of the aforesaid terms Monster reserves the right to delete or remove offending Recruiter Profile without notice if it comes to Monster's knowledge or if it is otherwise notified to Monster that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and Monster may also terminate access to its Websites permanently. Monster has no liability or responsibility to Recruiters for performance or non-performance of such activities. Additionally, Monster has the right to initiate appropriate proceedings against the offending Recruiters as per law.
Terms for Companies / Employers:
Monster’s paid clients/customers who use the site for their recruitments related requirements, and who will now be able to leverage the network through their authorized recruiters. As part of Professional Networking , the company would be able to connect with a larger audience by having direct followers of their profile, and also through connections of their recruiters. Through their company profile, they will be able to showcase their company environment, policies & other important information, and engage jobseekers through Polls & Surveys.
They will have sole responsibility of authorizing & managing the recruiters associated with their profile at their own discretion. In the event any of the Employer recruiter’s, engagement terminates with the Employer, having Monster’s Professional Networking representation for the Employer, it shall be the sole responsibility of the Employer to immediately notify Monster about the termination of engagement with the said recruiter and appointment of a new recruiter. Employer shall ensure to keep informed Monster changes / updates in their recruiters as and when any changes thereof from time to time.
13. Mobile Services
If you use the Monster Sites through a mobile device, you agree that information about your use of the Monster Sites through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Monster Sites through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Monster Sites using a mobile device, you represent that to the extent you import any of your Monster data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Monster account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge that you are responsible for all charges and necessary permissions related to accessing the Monster Sites through your mobile access provider. Therefore, you should check with your provider to find out if the Monster Sites are available and the terms for these services for your specific mobile devices.
14. Private Resume Database Hosting Service
15. 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 Monster Web Site and is accessible on such Monster Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
We have designated L D Pandey as our authorized official to receive notices of claims of copyright infringement on the Monster Sites. You can contact L D Pandey as follows:
By post / mail :
L D Pandey, Legal Department,
Monster.com India Private Limited
Tapasya Building, 6th Floor,
Plot No. 5 EFGH, Sector-126.
Noida, 201301, U.P., India
Need help with a job seeker issue? you can contact us by emailing at : email@example.com
16. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Monster.com India Private Limited, Monster Worldwide Inc., Monster, Inc., Monster 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 owner’s rights. As a condition to your use of monster.com.ph, You agree not to use monster.com.ph or any other Monster Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Monster.com account holders, and block access to monster.com.ph and/or the other Monster 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.
Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Director of Compliance and Fraud Prevention as under :
Director, Compliance and Fraud Prevention
Monster Worldwide, Inc. 133 Boston Post Road,
Weston, MA 02493 USA
17. Monster's Liability
The monster.com.ph and other Monster Sites act as, among other things, venues for
Monster Communities provides a venue for individuals to network for professional and personal purposes and Monster does not screen or censor the Profiles or User Content on the Monster Sites. Monster is not involved in the actual communications between Users. As a result, Monster has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Monster Sites and makes no representations about any Profile or User Content on the Monster Sites.
In addition, please 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 Monster 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 the monster.com.ph and other Monster Sites.
Because User authentication on the Internet is difficult, Monster 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 Monster Site, in the event that You have a dispute with one or more Users, You release Monster (and our agents and employees) 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 to the fullest extent permitted by law.
The Monster Sites and the Monster Content may contain inaccuracies or typographical errors. Monster makes no representations about the accuracy, reliability, completeness, or timeliness of any Monster Site or the Monster Content. The use of all Monster Sites and the Monster Content is at Your own risk. Changes are periodically made to Monster Sites and may be made at any time. Monster cannot guarantee and does not promise any specific results from use of any Monster Site. No advice or information, whether oral or written, obtained by a User from Monster or through or from any Monster Site shall create any warranty not expressly stated herein.
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 Monster Sites. Employers are solely responsible for their postings on Monster Sites. The Company is not to be considered to be an employer with respect to your use of any Monster Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Monster Site.
Monster encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Monster be liable for the deletion, loss, or unauthorized modification of any User Content.
Monster does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Monster Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth above.
If notified of any content or other materials which allegedly do not conform to these Terms, Monster may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Monster has no liability or responsibility to Users for performance or nonperformance of such activities.
18. Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY MONSTER SITE WILL OPERATE ERROR-FREE OR THAT ANY MONSTER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MONSTER SITE OR THE MONSTER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE MONSTER SITES AND MONSTER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, MONSTER DOES NOT WARRANT THAT ANY MONSTER SITE OR ANY MONSTER SERVICES WILL OPERATE ERROR-FREE OR THAT ANY MONSTER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MONSTER SITE OR THE MONSTER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, MONSTER IS NOT RESPONSIBLE FOR THOSE COSTS. THE MONSTER SITES AND MONSTER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MONSTER, 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. MONSTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MONSTER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
19. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL MONSTER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MONSTER SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MONSTER SITE AND THE MONSTER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MONSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE BY LAW, MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MONSTER SITE OR YOUR USE OF THE MONSTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED INR 1,000.
21. Links to Other Site
The Monster Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster 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.
22. No Resale or Unauthorised Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Monster Site.
You agree to defend, indemnify, and hold harmless Monster, its affiliates, and their respective 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 User Content or other material You provide to any Monster Site, (ii) Your use of any Monster Content, or (iii) Your breach of these Terms. Monster shall provide notice to You promptly of any such claim, suit, or proceeding.
25. Redressal of Users Grievance
The Company has designated L D Pandey as Grievance Officer to redress the grievances of the users. The aggrieved user may submit their grievances by addressing to:
By post / mail :
L D Pandey, Legal Department,
Monster.com India Private Limited
Tapasya Building, 6th Floor,
Plot No. 5 EFGH, Sector-126.
Noida, 201301, U.P., India
27. Term and Termination
2. APPLICABILITY – WIDE AND EXHAUSTIVE
3. MONSTER PRODUCT & SERVICES
Monster Video Service specifically and only allows registered users on Monster Website who have a valid login ID at Monster Website to upload video content related to their resumes, profile, company profile and contents ancillary and incidental thereto to be hosted by Monster Website and to be configured by applicable Monster Technology for public display on Monster website network, including but not limited to Monster's affiliate's websites and on Monster affiliates and syndicated third party sites, and for the public posting, viewing and sharing of the Video Content. You expressly agree and acknowledge that the Monster Video Service is a not a private service and it is hereby clarified that once the registered users of Monster Website submit their respective Video Contents for inclusion into the Monster Website, it will be accessible by the public at large, and that there is no confidentiality or privacy with respect to the Video Content uploaded. Further, registered users of Monster Website also agree and acknowledge that their Video Content submitted to Monster Video Service may, in Monster's discretion, appear on local Monster Video websites in other countries.
4. ACCESS & USAGE TERMS
5. VIDEO CONTENT SUBMISSIONS IN MONSTER WEBSITE
With respect to the video content submissions in Monster Website, the concerned registered users and other contributor of Video Content in Monster Website also further agree that they shall not submit any content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have permission from their rightful owner to post the content and to grant Monster all of the license rights granted thereto and they also not publish false content or material that may damage Monster or any third party and also hereby agree not to submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business, impersonate any third party.
6. MONSTER’S RIGHTS IN VIDEO CONTENT
7. APPROPRIATE USE OF MONSTER VIDEO SERVICE
8. WAIVER OF CLAIMS & INDEMNITY PROVISION
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE AND ACCESS OF THE MONSTER VIDEO SERVICE AND MONSTER WEBSITE SHALL BE AT YOUR SOLE RISK, RESPONSIBILITY AND CONSEQUENCES. TO THE FULLEST EXTENT PERMITTED BY LAW, MONSTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORISED REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MONSTER VIDEO SERIVICE AND MONSTER WEBSITE AND YOUR USE THEREOF. MONSTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MONSTER WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO MONSTER WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MONSTER VIDEO SERVICE AND MONSTER WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MONSTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN IN ANY FORM AND/OR IN ANY MANNER, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MONSTER WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE UNAUTHORISED TOOLS OR SOFTWARE WHICH MAY BE TRANSMITTED TO OR THROUGH MONSTER WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH MONSTER WEBSITE. MONSTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MONSTER WEBSITE OR ANY ASSOCIATED OR HYPERLINKED WEBSITE AND MONSTER SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE OR ACCOUNABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY.
10. LIMITATION OF LIABILITY
THE CONCERNED REGISTERED USERS, JOBSEEKERS AND OTHER CONTRIBUTOR OF VIDEO CONTENT IN MONSTER WEBSITE HEREBY AGREE AND ACKNOWLEDGE THAT MONSTER SHALL NOT BE LIABLE FOR THEIR VIDEO CONTENT SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THEM.
IN NO EVENT SHALL MONSTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE VIDEO CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MONSTER SECURE SERVERS AND/OR ANY AND ALL VIDEO CONTENT AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MONSTER WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MONSTER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL ARRANGEMENT, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE LOCAL AND/OR INTERNATIONAL JURISDICTION.
Update effective: May, 2017