Terms and Conditions

Version: 1.0
Date: November 1, 2021
 

Understanding your responsibilities as a user of Employer Branding Media Sites.

1. Introduction.

Employer Branding Media (“EBM”) is your ultimate career destination for finding career opportunities, exploring suitable employers, and access to personal career advice.

By using the EBM Services (as defined below) in any manner, you are entering into a legally binding agreement with EBM, headquartered in Amsterdam, The Netherlands, as set forth in these Terms of Use (“Terms”). These Terms also include our Privacy Policy which is incorporated by reference.

You must be at least 16 years of age to use the Services. If you are under 16 years of age, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to or meant for anyone who has not reached 16 years of age and we will not knowingly collect information from anyone under the age of 16. If the applicable law in the country or state in which you are using the Services requires that you be older than 16 to use the Services, then you must be at least the minimum age legally defined for such country or state in order to use the Services.

2. EBM Services.

The “EBM Services” collectively include the “EBM sites” (meaning www.stagewerkgevers.nl, including all webpages, subdomains, and any other Web sites under EBM’s control, whether partial or otherwise, emails, newsletters, and other communications, Content, any other products or services offered by EBM, and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the EBM Sites, including, without limitation, information from and about employers (“Employer Content”), career resources, advice, questions, answers, or other content, whether created or posted by you, EBM, a third party, or any other user.

3. Modifications.

We may update these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.

We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these Terms.

4. Employer Profiles, Job Applications and Sign-up for Events.

EBM allows you to explore employers, browse open positions, apply to jobs and sign-up for (employer) events. Employer Profiles, Job and Event postings on our EBM Sites will re-direct you to the applicable employer’s career page, where you will be able to submit an application or sign up without creating an account on an EBM Site.

5. Free Career Advice Services

On EBM Sites you may purchase a variety of different career advice services (“Career Services”), including, among others, resume review, career interviews, and job search strategy.These Career Services are free to use.

To be eligible for these Career Services, you need to register. If the Content you submit contains your personal information, your right to access that personal information is governed by our Privacy Policy.

6. Content; Licenses.

  1. Your Content. We do not acquire ownership of the Content you post through the Services, but by posting any Content, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. You agree that this license includes the right for other users of the Services to modify your Content and for EBM to make your Content available to others for the publication, distribution, syndication, or broadcast on other media and services. Such additional uses by EBM or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. We reserve the right, but do not have any obligation to, remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all. If the Content you submit to the Services contains your personal information, your right to access that personal information is governed by our Privacy Policy.
  2. EBM Content. The EBM Services also contain Content posted by EBM and our licensors (“EBM Content”). We and our licensors retain all right, title and interest in and to such EBM Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, EBM grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any EBM Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any EBM Content or Services without our prior written permission, regardless of whether it is created or owned by EBM or a licensor to EBM.
  3. Trademarks. The trademarks, logos, trade names, and service marks, whether registered or unregistered (“Trademarks”) displayed on the EBM Sites are Trademarks of EBM and its third-party licensors. Display or use of any Trademarks on the EBM Sites or in the Services shall not be construed as granting, by implication or otherwise, any license or right to use any Trademark without the prior written permission of EBM or such third-party. You also agree not to use our trade dress, or copy the look and feel of the EBM Sites or its design.
  4. Disclosure of Content. We reserve the right to access, read, preserve, and disclose any Content or information in accordance with our Privacy Policy.

7. Links to Third-Party Sites.

EBM Sites may direct you to third-party EBM Sites that are not owned or maintained by EBM. We are not responsible for your use of such third-party EBM Sitess and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such EBM Sitess. The inclusion of any such link to a third-party EBM Sites does not imply any association between us and their operators. Your use of any third-party EBM Sitess is governed by the terms of such third-party EBM Sitess and not by these Terms.

8. Code of Conduct.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you agree that you will not:

  • Violate any local, state, provincial, national, or other law or regulation, or any order of a court.
  • Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our Services, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the EBM Sites or Services.
  • Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the EBM Sites or Services or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.
  • Use the Services to transmit, distribute, post, or submit any confidential information concerning any other person or entity.
  • Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.
  • Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.
  • Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.
  • Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.
  • Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.

9. Disclaimers.

The disclaimers in this section apply to the maximum extent allowable under applicable law.

You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.

The Services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. EBM does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available through the Services is free of viruses or other harmful components; and (e) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Services or any Content is solely at your own risk.

10. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EBM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, OR REPUTATION ARISING FROM YOUR USE OF THE EBM SITES, CONTENT, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EBM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

11. GDPR Notices.

We respect the intellectual property rights of others and take copyright infringement seriously. If you believe that your copyright has been infringed on EBM Sites or otherwise in our Services, please notify us via mail or email with a message which contains:

  • Your name and contact information, including your address, telephone number, and an email address;
  • The name of the party whose copyright has been allegedly infringed, if different from your name;
  • The name and description of the original work that is allegedly being infringed;
  • The location of the alleged infringing copy (such as the URL);
  • A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner (or by a third-party who is legally entitled to authorize its use on behalf of the copyright owner) and is not otherwise permitted by law; and
  • A statement that you swear, under penalty of perjury, that the information contained in the notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at terms@employerbranding.media

We review all infringement claims, determine their merit, and act accordingly.

12. Indemnification.

You agree to indemnify, defend and hold harmless EBM, its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. EBM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EBM, and you agree to cooperate with EBM’s defense of these claims. EBM will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

13. Dispute Resolution.

You agree that Dutch law shall exclusively govern any dispute relating to these Terms and/or the Services.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH EBM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EBM. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and EBM agree to arbitrate any dispute arising from these Terms or your purchase or use of the Services, except that you and EBM are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and EBM agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to EBM shall be sent by email to legal@employerbranding.media. You and EBM further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Amsterdam, The Netherlands; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that Dutch Law has exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and EBM will not commence against the other a class action, class arbitration, or other representative action or proceeding.

14. Miscellaneous.

These Terms, together with the Privacy Policy, and any other legal notices published on EBM Sites, shall constitute the entire agreement between you and EBM concerning your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EBM at any time without restriction. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, EBM shall have the sole right to elect which provision remains in force. No waiver of any one provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and EBM’s failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Any inquiries about your rights under these Terms, or any matters regarding your privacy, can be directed to: terms@employerbranding.media.