Terms & Conditions
FOR RECRUITERS, EMPLOYERS, CANDIDATES AND OTHER USERS
LAST UPDATED ON JULY 18, 2012
PLEASE SCROLL DOWN AND READ THE USER AGREEMENT BELOW.
eFinancialCareers, a subsidiary of Dice Holdings, Inc., provides FINS. This User Agreement ("Agreement") governs your use of FINS (the "Service"), an on-line service for recruiters and employers to post employment opportunities in the finance industry and candidates to search such opportunities and post their resumes. As part of the Service, candidates can create individual profiles ("Profiles"), which may include personal information, and can choose to make these Profiles, or aspects thereof, searchable by recruiters and employers.
The Service is a venue for recruiters and employers to post job opportunities and candidates to post resumes and create Profiles. We are not involved in the actual transaction between recruiter or employers and candidates.
If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, do not select the "I agree to the Terms & Conditions" option during registration. By not selecting this option, you will not be able to proceed with the registration process for the Service and become a registered user. If you are entering into this Agreement on behalf a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of this Agreement, in which case the terms "You" or "Your" will refer to such entity. To the extent you have access to, or are using, the Service without having completed our registration process or selected the "I agree to the Terms & Conditions" option, you are hereby notified that your continued use of the Service is subject to the terms and conditions of this Agreement.
1. Changes to Agreement. We may change the terms of this Agreement at any time by notifying you of the change by any means, including without limitation, by email or by posting a notice on the Service. The changes will appear in this document, which you can access at any time by going to Terms & Conditions. You signify that you agree to be bound by such changes by using the Service after changes are made to this Agreement.
3. Resumes, Profiles. If you are an individual posting a resume or creating a Profile, you acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, Profile or material contained therein uploaded by you to the Service. You also acknowledge that recruiters and employers, not us, are solely responsible for their postings on the Service. We shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Service.
4. Job Postings.
4.1 Recruiters and Employers. If you are a recruiter or employer posting a job posting, you represent to us that the job posting is truthful and accurate and is currently open and available and that the job and your hiring practices comply with applicable law. You also represent and covenant to us that you are using the Service solely to post jobs on behalf of the company to which the job relates and that you are duly authorized to post such jobs. You agree not to copy, scrape or otherwise use any resumes, Profiles or job postings for the purpose of redistributing or sending such information to other job sites or services.
4.2 Fees and Payments. If you are a recruiter or employer posting a job posting, you agree to pay the fees and any other charges incurred in connection with your user name and password in posting jobs through the Service (including any applicable taxes) at the rates in effect when the charges were incurred. Unless we have notified you that you will be billed by invoice, we will bill all charges automatically to your credit card. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your user name and password without your authorization, you can contact your account manager at firstname.lastname@example.org.
5. User Content Generally.
5.1 Resumes, Profiles and Job Postings. Resumes, Profiles, job postings as well as other content that you upload, provide or create to or on the Service is referred to as "User Content." We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Service at any time without notice. We have no control over User Content, the quality, safety, legality, truth or accuracy of the jobs or resumes posted, the ability of recruiters or employers to offer job opportunities to candidates or the ability of candidates to fill job openings. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content could create liability for us, damage our brand or public image. While we reserve the right in our sole discretion to remove User Content from the Service from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action. Recruiters may not post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront 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 job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents. Any job posting classified in the aforementioned categories will be removed immediately.
5.2 Grant of Rights and Representations by You. If you upload, post or submit any User Content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Service, you grant eFinancialCareers, and our respective affiliates and successors, a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you; provided that we will continue to abide with any restrictions on making such content publicly available.
5.3 We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Service, including Profiles, resumes, job postings or other personalized information you have created while on the Service.
6. Limitations on Use of Editorial Content.
6.1 The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (other than User Content) (the "Non-User Content") available through the Service is our property or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws.
6.2 Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Non-User Content received through the Service to anyone, with the following exceptions:
6.2.1 You may use the sharing functionality we include in the Service to share articles with other individuals. You are not permitted to use such functionality for the purpose of regularly providing other users with access to content from the Service.
6.2.2 You may occasionally distribute a copy of an article, or a portion of an article, from the Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from FINS."
6.2.3 You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article on the Service). You agree not to post any content from the Service (other than headlines from our RSS Feed with active links back to the full article on the Service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our prior written consent.
7. General Restrictions. You agree not to use the Service for any unlawful purpose. We reserve the right to terminate or restrict, at our discretion, your access to the Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, or infringe upon our or another person's rights (including, but not limited to, an infringement of the copyrights or other intellectual property rights of eFinancialCareers or its affiliates or others) or violate the terms of this Agreement.
8. Copyright/IP Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Dice Holdings, Inc., 1040 Avenue of the Americas, 16th Floor, New York, NY 10018, (tel) 212-725-6550, (fax) 212-725-9127, Attention: Vice President & General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
9. Third Party Web Sites, Service andSoftware. We may link to, or promote, web sites or Service from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, Service and software.
10. Disclaimers of Warranties. You agree that your access to, and use of, the Service and the job postings, resumes, other content and functionality available through the Service is on an "as-is", "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose.
You acknowledge and agree that resumes, job postings, editorial content and other information in the Service may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any such resumes, job postings, editorial content or other information.
We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by a user from us or through the Service shall create any warranty not expressly stated herein.
11. Limitations on Liability. eFinancialCareers and its subsidiaries, affiliates, shareholders, directors, officers, employees and licensors ("The eFinancialCareers parties") will not be liable (jointly or severally) to you or any other person as a result of your access or use of the service for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the eFinancialCareers parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the eFinancialCareers parties' liability will be limited to the fullest possible extent permitted by applicable law.
12. Indemnification. You agree to indemnify, hold harmless, and if requested by us, defend, us and our affiliates, subsidiaries, and their respective officers, director and employees against any losses, liabilities, damages and expense (including without limitation, reasonable attorneys' fees) arising out of or related to a breach by you any representation, warranty, term or condition in this Agreement or out of the content of any User Content you upload, provide or create. We will provide you with reasonably prompt written notice of any such claim but our failure to provide such notice will not relieve you of your obligations hereunder. No settlement of a claim shall be entered into without our consent.
13. General. This Agreement contains the final and entire agreement between us regarding your use of the Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. We may discontinue or change the Service, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
FINS is a trademark of eFinancialCareers.