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Jobster User Agreement

Last updated May 16, 2011

On March 29, 2010, the Jobster web property was acquired by Zapoint Inc.

Welcome to Jobster

Your access to and use of Jobster.com, (together with all sites owned or operated by Jobster, collectively called the "Site") and the services provided by Jobster including but not limited to the Jobster Employer Service, the Talent Network Service, the Job Posting Service, the Featured Advertising Service and the Powered by Jobster Service (collectively, the "Service") are governed by this Jobster User Agreement ("Agreement").

Your use of the service and site indicates your acceptance of the terms of this agreement. If you do not agree to be bound by the terms of this agreement, please do not use the site or service. Jobster, Inc. ("we," "us" or "jobster") reserves the right to update the terms of this agreement at any time without notice to you by posting an updated version of this agreement to this web page, so please check this web page from time to time as your continued use of this site signifies your acceptance of any changed terms. We will, however, post a notice for 30 days after we’ve updated the agreement to let you know that we’ve made updates.

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Privacy

Jobster cares about its network of users. For an explanation of Jobster’s practices and policies related to the collection, use and storage of your personally identifiable information, please read our Privacy Policy.

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Eligibility

You must be sixteen years old or older to register for use of the Site and/or Service, but you must be eighteen years old, or the age of majority as defined in your jurisdiction, whichever is older, to use our Featured Advertising Service. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

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Term

This Agreement will remain in full force and effect while you use this Site. If you breach this Agreement, Jobster may suspend your account at any time. Even after your account is terminated, or you stop using the Site or Service, certain terms of this Agreement will remain in effect, including but not limited to the license you grant to us and representations and warranties you make to us under Content Posted on or Through the Site, Ownership of Intellectual Property, Indemnity, No Warranty, Limitation of Liability, and Copyright and Trademark.

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Use

Your use of the materials included on this Site is for informational purposes only. Unless you have received prior written consent from Zapoint.com, you agree you will not distribute, publish, transmit, modify, display or create derivative works from, exploit, or profit from the contents of this Site or any Service in any way other than for the purpose of seeking employment or seeking and managing job prospects, career contacts or career networking on the Site or through the Service.

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Your Profile

When you join and use this Site to manage your career, you will create a "Profile" that includes information such as your name, skills, experience, and interests. Your Profile will automatically be made public for viewing by all users of the particular Jobster website where you created your Profile. You have the option to deactivate your Profile at any time by visiting your account settings. If you join a specific employer’s Talent Network, your profile will automatically be displayed to the employer and other users of that Talent Network. Jobster may also give you the opportunity to opt-in to display your Profile on other Jobster websites. By registering for any account on the Jobster Service, you hereby consent to Jobster’s creation and display of your Profile as described in this Agreement.

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Content Posted on or Through the Site

You understand and agree that Jobster may review and delete any content, including but not limited to jobs, messages, photos or profiles, (collectively, "Content") that in the sole judgment of Jobster violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.

By posting your Content to any part of the Site or through any Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from the Site at any time. However, Jobster cannot guarantee that your Content will be removed from the Internet as search agents and other indexing services may retain and display a copy of a web page that Jobster has removed. Furthermore, Content that we have removed from the Site may persist in backup or cached copies on Jobster’s servers for a reasonable period of time but will not be generally available to users of the Site.

You understand and agree that by posting your Content to the Site or Service, the Content including your name, questions answered, tags, links, photos and all other Content that you voluntarily post, add, or submit to the Site or through a Service, will be open to the anyone on the Internet and may be found through search engines, scrapers, crawlers and aggregators.

You understand that Jobster allows you to create a personalized URL for use in association with your profile within the Site or Service. You agree that your URL cannot contain any naming convention currently used by, reserved or intended for the Site or Service. In addition, you understand that company names and trademarked names or terms are not allowed for use within your personalized URL. You understand and agree that Jobster may review, delete any content within, or take possession of your personalized URL, for any reason whatsoever that, in the sole judgment of Jobster, is determined to violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.

All job advertisements must be for legitimate, lawful, current or future U.S.-based job opportunities that you intend to fill within (1) year. You agree to use our job posting Service only to post jobs for W-2 employees working in the U.S. — no independent contractors or other non-compliant jobs are allowed. Examples of non-compliant jobs include: 100% commission-based positions, volunteers, jobs that involve illegal activities (including but not limited to money laundering), jobs that involve nudity, independent sales positions, mystery shoppers, work-from-home opportunities, business opportunities, or any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement, as well as any jobs that Jobster deems inappropriate. In addition, you may not create duplicate or derivative jobs in order to circumvent the posting limits of the Jobster job posting service. Jobster reserves the right to permanently disable the job posting functionality of any user found to be in violation of the terms of this Agreement.

You agree to allow companies to send you opportunities through the Service, including content such as job alerts, news alerts, newsletters, product launch notices, and other general company information. You can opt out of any and all contact from Jobster or companies using the Service at any time. You may be contacted by people seeking referrals to specific companies, which you can accept or decline. By accepting, an email will be automatically sent to you with notice of acceptance. By declining, no email will be sent to you.

Employees of companies using the Service may also receive requests from people seeking referrals, whether or not they are a Site user. By accepting, an email will automatically be sent to the jobseeker with notice of acceptance. By declining, no email will be sent by that company to any person, their employer, or any third party.

Users of the Site may send you notes that will be stored in your profile. You will have the right to delete and block further contact from any user with whom you do not wish to communicate. Jobster will send you a notice that a note has been left. You will also receive email notifications when users of the Site request that you become their Contact and leave you a recommendation or endorsement. In addition to the ability to leave you a note, your contacts will be able to email you. You have the right to choose who can contact you, and who can see your email address. You have the right to report any user, note or endorsement that you find inappropriate by e-mailing us through our contact us page: http://www.jobster.com/corp/support/. You are solely responsible for your interactions with other users of the Site or Service. Jobster reserves the right, but has no obligation, to monitor disputes between you and other users.

Your profile must truthfully describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent a place, inanimate object, fictional character, animal or real individual who is not you.

You are solely responsible for the Content that you communicate, publish, display, or post on the Service, or transmit to other users (collectively, "Post"). Jobster reserves the right to remove any content, including the Content, from the Site that hinders the intended use and/or user experience (e.g., contact information that is entered in a title field). You agree that you will not take any action or Post any Content that is prohibited by this Agreement.

You may not Post inappropriate Content on the Site. The following is a partial list of the kind of Content that is inappropriate and prohibited on the Site. Jobster reserves the right to investigate and take appropriate legal action, in its sole discretion, against you if you violate these provisions, including without limitation, removing the offending Content from the Site and Service and terminating your account and/or access. Content that is prohibited includes any acts or Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • harasses or advocates harassment of another person or entity
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing ("spam" or "spamming")
  • transmits files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of a computer, our Site, any software or hardware, or telecommunications equipment
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • impersonates any person or entity, including, but not limited to, a Jobster representative, or falsely states or otherwise misrepresents your affiliation with a person or entity
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible web page)
  • displays pornographic or sexually explicit material of any kind
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
  • solicits passwords or personally identifying information for commercial or unlawful purposes from other users
  • engages in commercial activities and/or sales without our prior written consent, including, but not limited to contests, sweepstakes, barter deals, advertising, and pyramid schemes, or other uses of the Site that Jobster deems inappropriate
  • forges or manipulates headers, identifiers or other data in order to disguise the origin of any content transmitted through our Site, or to manipulate your presence on our Site
  • takes any action that imposes an unreasonably or disproportionately large load on our infrastructure
  • engages in any illegal activities
  • uses spiders, bots or avatars to navigate this Site
  • circumvents stated policies or misuses the Site or Service for purposes it was not intended, or Jobster deems inappropriate.

Even though all of this is strictly prohibited, you should be aware that there is a chance that in using this Site, you might be exposed to such items or behavior and, to the maximum extent allowed by law, you further waive your right to any damages (from any party) related to such exposure. You agree to use this Site and the Service in a manner consistent with any and all applicable laws and regulations.

You agree that you must evaluate, and bear all risks associated with, your use of any content posted, emailed or otherwise made available via the Site or Service. You may not rely on such content. You acknowledge and understand that Jobster does not pre-screen or approve content (including but not limited to the Content), but that Jobster shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Site or Service for violating the terms of this Agreement or for any other reason. Under no circumstances will Jobster be liable in any way for any content on the site or made available through the service or for any loss or damage of any kind incurred as a result of your use of any such content.

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Spamming

You will not engage in advertising to, or solicitation of, other members and users of the Site or Service to buy or sell any products or services through the Site or Service. Further, you will not transmit "junk mail", "chain letters," or unsolicited mass mailings, conduct any form of "spamming", or circumvent our job posting policies while using the Site or Service. Although Jobster cannot monitor the conduct of its users off the Site, it is also a violation of these terms to use any information obtained from the Site or Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member or user for purposes other than in the context of your use of the Site and Service as permitted under this Agreement. In order to protect our users from such advertising or solicitation, Jobster reserves the right to restrict the number or type of jobs posted and/or emails sent by you, in our sole discretion.

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Termination of Service

You agree that Jobster, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site and Service (or any part thereof), immediately and without notice, and remove and/or destroy any Content within the Site or Service, for any reason, including, without limitation, if Jobster believes that you have acted inconsistently with the terms of this Agreement. Further, you agree that Jobster shall not be liable to you or any third party for any termination of your access to the Site or Service. Further, you agree not to attempt to use the Site or Service after said termination.

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Job Posting Service

You may use our Job Posting Service, which is described in detail at our FAQs, by following the Job Posting instructions and providing us with all required information, including a valid credit card number. If you use our Job Posting Service, you agree to comply with our current rules and processes and pay us the applicable amount(s), which may be nonrefundable, as set forth in our FAQs. All fees are payable upon demand on your credit card (American Express, Discover, Visa or MasterCard). By advertising your job with the Job Posting Service you authorize us to charge your credit card for amounts due. We may accumulate the fees you owe us and charge your credit card periodically, the timing and frequency of which will be at our sole discretion. You may terminate your use of the Job Posting Service at any time by deleting your job posting as described in our FAQs. We will remove your credit card information from our system upon your request by telephone (888-611-5627), and you understand that you will not be able to use the Job Posting Service without having a valid credit card on file with us. We may terminate your use of the Job Posting Service at any time. The terms of our FAQs relating to the Job Posting Service are hereby incorporated into this Agreement. You understand and agree that we may revise any or all of our faqs from time to time without notice to you and your continued use of the job posting service constitutes your acceptance of such revised faqs.

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Jurisdiction

The User Agreement between you and Zapoint.com will be governed by and construed in accordance with the laws of the State of Massachusetts without regard to conflict of laws principles.

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Some links on the Site will allow you to connect with sites that are not under Jobster’s control. Jobster is providing these links only as a convenience. The appearance of a link does not imply Jobster’s endorsement of, and Jobster is not responsible for the contents of, any linked site. You access the linked sites at your own risk.

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Ownership of Intellectual Property

This Agreement does not transfer from Jobster to you or any user any proprietary technology developed and/or owned by Jobster or any intellectual property rights owned or otherwise held by Jobster, including incorporated into or used to provide the Service. To the extent that you provide any feedback, suggestions or improvements to Jobster regarding the Site or Service ("Feedback"), you hereby grant to Jobster a nonexclusive, perpetual, irrevocable, royalty-free, fully-paid worldwide license to use, reproduce, sublicense, modify, adapt, distribute and otherwise exploit such Feedback.

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Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.

Jobster respects the intellectual property of others, and we ask our users to do the same. Jobster may, in appropriate circumstances and at its discretion, disable and/or terminate access to the Site or the Service for users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide to Jobster the following information:

  • an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • a description of the copyrighted work or other intellectual property that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the Site
  • your address, telephone number, and email address
  • a 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
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

For notice of claims of copyright or other intellectual property infringement, Jobster's claims processor can be reached by mail or email. Please address your correspondence to:

Jobster, Inc.
Attention: DMCA Claims
35 Medford Street
Suite 306
Somerville
MA 02143
feedback@jobster.com

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Indemnity

You agree to indemnify, defend and hold harmless Jobster from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses arising out of any unauthorized uses you may make of any material on the Site or any breach by you of this Agreement.

No warranty. The service is provided on an "as is" basis. Jobster reserves the right without prior notice to discontinue or change the specifications of products and services offered on this site. Use of the service is at your own risk. Jobster does not make, and expressly disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Jobster does not warrant that the service or site will be uninterupted, error-free, or completely secure, that this site or its servers will be free of viruses or other harmful components, or that defects will be corrected even if Jobster is aware of them.

Limitation of liability. You expressly understand and agree that jobster shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Jobster has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site and/or service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site and/or service; (iii) unauthorized access to or alteration of your content, transmissions or data; (iv) statements or conduct of any third party on the site and/or service; or (v) any other matter relating to the site and/or service.

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Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress, trademarks, service marks, and/or other intellectual property owned by Jobster or by other parties that have licensed their material to Jobster. Jobster trademarks and service marks on the Site represent some of the trademarks or service marks currently owned or controlled by Jobster in the United States and/or in one or more other countries. All rights not expressly granted are reserved by Jobster, Inc.

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Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or web site users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the relevant Jobster website, as determined by us in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications to our customers or web site users.

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Entire Agreement

For jobseekers, trial users, subscribers and members, this Agreement (for recruiters, this Agreement together with the Master Service Agreement) represents the entire agreement between you and Jobster with respect to the subject matter hereof.

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