Date: November 1, 2021
Understanding your responsibilities as a user of Employer Branding Media Sites.
These Terms constitute a binding agreement between You and Employer Branding Media or the company operating the Web site for the country in which You live or in which business is headquartered (“EBM”), and are deemed accepted by You each time that You use or access any EBM Site or EBM Services. If You do not accept the Terms stated here, do not use the EBM Sites and the EBM Services.
2. Use of the EBM Services.
The posting of employer profiles, jobs, employee success stories, events and all other information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or all materials submitted, posted or displayed by You on a EBM Site (“Employer Content”) and other features of the EBM Sites may be used only by employers and/or organisations seeking to recruit or perform employer branding. Your use of the EBM Services is also subject to any other contracts You may have with EBM. In the case of any conflict between these Terms and any contract you have with EBM, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a EBM Site or that is published or displayed by EBM on a EBM Site for You or on Your behalf.
3. Terms Applicable.
You are responsible for maintaining the confidentiality of Your Employer Content, as applicable. You are solely responsible for Your postings on EBM Sites. EBM is not to be considered to be an employer with respect to Your use of any EBM Site and EBM shall not be responsible for any employment decisions, for whatever reason, made by any entity posting information on any EBM Site.
It is possible at any time to have your Employer Content removed from one or more of EBM's Sites by emailing a request to: firstname.lastname@example.org, specifying which content you wish to have removed from which EBM Site(s).
You understand and acknowledge that if You submit such a request to us, all Your specified information will be marked as deleted in and may be deleted from EBM's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through EBM’s web servers.
EBM reserves the right to remove Your Employer Content if it sees fit. For example, if it turns out that your organization no longer exists, there has been no contact with you for at least 1 year, or an invoice has not been paid if applicable.
Terms of payment are defined by the EBM payment terms. The payment terms include, but are not limited to, a time allowed for payment of a maximum of 30 days from the date of receiving the invoice.
4. Content and Submissions.
You understand that all Employer Content is the sole responsibility of You or the company from which such content originated. EBM claims no ownership or control over any Employer Content. You retain all patent, trademark and copyright to any Employer Content and you are responsible for protecting those rights, as appropriate.
By registering or indicating that you want to participate You grant EBM a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Employer Content through EBM. In addition, you grant EBM a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Employer Content for the purpose of promoting EBM and its services.
EBM will discontinue this licensed use within a commercially reasonable period after You have requested EBM to do so by e-mail email@example.com. EBM reserves the right to refuse to accept, post, display or transmit any Employer Content in its sole discretion. If You post Employer Content in any public area of any EBM Site, You also permit any User to access, display, view, store and reproduce such Employer Content for personal use. Subject to the foregoing, the owner of such Employer Content placed on any EBM Site retains any and all rights that may exist in such Employer Content. EBM may review and remove any Employer Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any EBM Site. EBM reserves the right to expel Users and prevent their further access to the EBM Sites and/or use of EBM Services for violating the Terms or applicable laws, rules or regulations. EBM may take any action with respect to Employer Content that it deems necessary or appropriate in its sole discretion if it believes that such Employer Content could create liability for EBM, damage EBM’s brand or public image, or cause EBM to lose Users or (in whole or in part) the services of its ISPs or other suppliers. EBM does not represent or guarantee the truthfulness, accuracy, or reliability of Your Employer Content.
5. EBM's Liability.
The EBM Sites act as, among other things, venues for (i) employers to post Employer Content and (ii) candidates to search for suitable employers and job opportunities. EBM does not screen or censor Employer Content. EBM is not involved in the actual transaction between employers and candidates. As a result, EBM is not responsible for Employer Content, the quality, safety or legality of any content posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and EBM makes no representations about any jobs or Employer Content on the EBM Sites. While EBM reserves the right in its sole discretion to remove Employer Content, job postings or other material from the EBM Sites from time to time, EBM does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, 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 EBM 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 EBM Sites. Because User authentication on the Internet is difficult, EBM 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 EBM Site, in the event that You have a dispute with one or more Users, You release EBM (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 EBM Sites and the EBM Content may contain inaccuracies or typographical errors. EBM makes no representations about the accuracy, reliability, completeness, or timeliness of any EBM Site or the EBM Content. The use of all EBM Sites and the EBM Content is at Your own risk. Changes are periodically made to EBM Sites and may be made at any time. EBM cannot guarantee and does not promise any specific results from use of any EBM Site. No advice or information, whether oral or written, obtained by a User from EBM or through or from any EBM Site shall create any warranty not expressly stated herein.
EBM encourages You to keep a back-up copy of any of Your Employer Content. To the extent permitted by law, in no event shall EBM be liable for the deletion, loss, or unauthorized modification of any Employer Content. EBM 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 EBM 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 notified of any content or other materials which allegedly do not conform to these Terms, EBM may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. EBM has no liability or responsibility to Users for performance or nonperformance of such activities.
6. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, EBM DOES NOT WARRANT THAT ANY EBM SITE OR ANY EBM SERVICES WILL OPERATE ERROR-FREE OR THAT ANY EBM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY EBM SITE OR THE EBM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, EBM IS NOT RESPONSIBLE FOR THOSE COSTS. THE EBM SITES AND EBM CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EBM, 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. EBM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE EBM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
In the case that any Employer Content at some point is not online, when it was initially supposed to be, the duration of the posting can be prolonged. Money will not be paid back to the customer.
7. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL EBM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY EBM 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 EBM SITE AND THE EBM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EBM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, EBM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY EBM SITE OR YOUR USE OF THE EBM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED €100.
9. Links to Other Sites.
The EBM Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by EBM of the contents on such third-party Web sites. EBM 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.
10. No Resale or Unauthorized 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 EBM Site.
You agree to defend, indemnify, and hold harmless EBM, 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 EBM Site, (ii) Your use of any EBM Content, or (iii) Your breach of these Terms. EBM shall provide notice to You promptly of any such claim, suit, or proceeding.
12. Term and Termination.
These Terms will remain in full force and effect while You are a User of any EBM Site. EBM reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the EBM Sites and immediate termination of Your registration with or ability to access the EBM Sites and/or any other services provided to You by EBM, upon any breach by You of these Terms or if EBM is unable to verify or authenticate any information You submit to a EBM Site registration.