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1. Eligibility

By visiting the Web Site or accepting these Terms of Use, you represent and warrant to the Company that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Web Site in a manner consistent with any and all applicable laws and regulations.

2. Use of JobPoint Content

The Company authorizes you to view and download a single copy of the material on JobPoint. cc solely for your personal use.The contents of this Web Site, and of all other websites under the Company‘s control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other material (the "Material"), are protected by copyright under both Malaysia and foreign laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Web Site are the exclusive property of the Company and are protected by copyright under both Malaysia and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for an purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any Material or the pages making up the Web Site which is also protected by the Company‘s copyright.

3. Acceptable Site Use

General Rules: The job posting and resume database features of the Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Specific Prohibited Uses

The Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: a. Post any jobs on any JobPoint Site for any competitor of JobPoint or posting jobs or other content that contains links to any site competitive with JobPoint; b. Post jobs or content on any JobPoint Site that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited; c. Post jobs for modeling or talent or talent scouting positions on any JobPoint Site; d. Use any JobPoint Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services; e. Post or submit to any JobPoint Site any incomplete, false or inaccurate biographical information or information which is not your own; f. Post on any JobPoint Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front 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), requires recruitment of other members, sub-distributors or sub-agents; g. Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any JobPoint Site; h. Delete or revise any material posted by any other person or entity; i. Take any action that imposes an unreasonable or disproportionately large load on any JobPoint Site‘s infrastructure; j. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any JobPoint Site other than the search engine and search agents available from the Company on such JobPoint Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any JobPoint Site; l. Aggregate, copy or duplicate in any manner any of the JobPoint Content or information available from any JobPoint Site; or m. Frame or link to any of JobPoint Content or information available from any JobPoint Site The Company also specifically prohibits any use / insertion of any of the User's URL, weblink, e mail address and website while posting any job on www.JobPoint.cc and all Users agree not to use / insert any of the User's URL, weblink, e mail address and website while posting any job on www.JobPoint.cc.

5. User Information

When you register with the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Subject to the provisions in these Terms of Use, the Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws, rules or regulations or in legal proceedings where such information is relevant. 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 Commitment for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, the Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

6. User Submissions

As a user, you are solely responsible for your My JobPoint Account information, content, messages or other information ("User Content") that you submit, publish or display on the Web Site or transmit to other users. The following is a list of User Content that is prohibited on the Web Site. The list is for illustration only and is not a complete list of all prohibited User Content. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; display or link to pornographic, indecent or sexually-explicit images or statements of any kind; post advertisements or solicitations of business; post chain letters, unsolicited mass mailing or pyramid schemes; impersonate another person; providing or make available pirated music or other media or links to pirated music or other media files; post material that contains restricted or password only access pages, or hidden pages or images; provide or link to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone; or provide instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone‘s privacy, or provide or create computer viruses or pirating any media, or solicit passwords or personal identifying information from other users. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of 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. The Company acts as a passive conduit for the online distribution and publication of the User Content and has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. However, the Company may review and delete any User Content that, in the sole judgment of the Company, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety users of the Web Site. The Company reserves the right to expel users and prevent their further access to the Web Site for violating these Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use or is abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting User Content to any public area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, 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 User Content and to grant and authorize sublicenses thereof. You also warrant that the holder of any rights, including moral rights in such User 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 subscriber to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Web Site retains any and all rights that may exist in such User Content.

7. Registration and Password

You are solely responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

8. Express Consent and Acknowledgement

You acknowledge, consent and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by recruiters, headhunters, and human resource professionals (the "Employers") who pay for access to our resume database. The Company is not responsible for the use made of resumes by Employers who accessed your resume whilst it resides in our database. You acknowledge that when your resume is displayed in our database, personal information present within your resume (such as your email address), can be collected and used by parties other than the Employers. This may result in unsolicited messages from third parties for which the Company is not responsible. The Company will attempt to limit access to our resume database to the Employers, but cannot guarantee that other parties will not gain access to this database. You may remove your resume from the Web Site at any time, but the Employers who have gained access to our database may have retained a copy of your resume in their own files or databases. The Company is not responsible for the retention, use or privacy of resumes or profiles in these instances. You acknowledge, consent and agree that job search agents will be automatically created when you register on the Web Site. Job search agents will automatically email you job opportunities based on pre-selected search criteria. Your job search agent will search daily for new open positions that match your criteria. You can choose to have those search results emailed to you on a daily, weekly or monthly basis. In addition, you may change the search criteria of your job agent at any time. In relation to the aforementioned, you agree that the Company may use your personal information to contact you and deliver information relating to the job search agent‘s search results to you, or provide administrative notices or communications applicable to your use of the Web Site. You acknowledge, consent and agree that the Company can disclose your resume and contact details ("Personal Information") to prospective Employers who purchased the Company‘s job posting packs in order to seek qualified candidates. The Company uses data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities made available through such job postings. In the event that you are an Employer posting job opportunities on the Web Site, you acknowledge and agree that you will use the candidates‘ Personal Information disclosed to you by the Company pursuant to your purchase of the Company‘s job posting packs for recruitment purposes only and will not disseminate such Personal Information to any third party or use such Personal Information for any other purposes.

9. The Company‘s Liability

The Web Site acts as a venue for Employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between Employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes 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 or any User Content and makes no representations about any jobs, resumes or User Content on the Web Site. In addition, 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 identities. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. By its very nature, other people‘s information may be offensive, harmful or inaccurate, and in some cases may be deceptive. We expect that you will use caution and common sense when using the Web Site. As user authentication on the internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. The Company does not and cannot be involved in user-to-user dealings or control of the participants on the Web Site. In the event that you have a dispute with one or more users, you shall release the Company, its affiliates and their respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, 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. The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. 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 Web Site. Employers are solely responsible for their postings on the Web Site. The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site. The Company cannot guarantee and does not promise any specific results from use of the Web Site. No advice or information, whether oral or written, obtained by a user from the Company or from the Web Site shall create any warranty not expressly stated herein. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, 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. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

10. Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Links to Other Site

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company 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.

12. No Resale or Unauthorized Commercial Use

You agree not to resell any Material or information obtained from the Web Site, assign your rights or obligations under these Terms of Use, or make any unauthorized commercial use of any JobPoint Site.

13. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from any of the User Content or other material you provide to the Web Site or your use of the Material or your breach of the these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding.

14. General

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the Malaysia. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the Malaysia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of this these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use , which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

15. Additional Terms of Use

Certain areas of JobPoint.cc and other JobPoints Sites are subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

16. Term and Termination

These Terms of Use will remain in full force and effect while you are a user of the Web Site at any level. The Company reserves the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of your User Content from the Web Site and immediate termination of your registration with or ability to access the Web Site any/or any other services provided to you by the Company, upon breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Web Site. Even after you are no longer a user of the Web Site, certain provisions of these Terms of Use will remain in effect, including sections on "Use of Material" and "User Submissions" and all the sections from "Express Consent and Acknowledgement" to "Additional Terms of Use", inclusive.

 
JOBPOINT VIDEO/VIDEO CONFERENCING SERVICE – ADDITIONAL TERMS OF USE
 

1. YOUR ACCEPTANCE OF THE ADDITIONAL TERMS OF USE – JOBPOINT VIDEO/VIDEO CONFERENCING SERVICE

By accessing or using this JobPoint Video/Video Conferencing Service you agree to be bound by these Additional Terms of Use, the said Terms of Use and Privacy Commitment, or any amendments thereof, , applicable laws, rules and regulations governing this website. Please do not access and / or use this website if you do not agree with any of the terms and conditions stated herein or under the said Terms of Use and / or Privacy Statement enshrined and specified on the JobPoint Website. You also hereby agree and acknowledge that you are eligible and have contractual capacity to access or use this JobPoint Video/Video Conferencing Service and JobPoint Website. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason whatsoever.

2. APPLICABILITY – WIDE AND EXHAUSTIVE

These Additional Terms of Use shall apply to all the users of the JobPoint Website, including, but not limited to, registered users on JobPoint Website, contributors of Video/Video Conferencing content, information, and / or other materials on the JobPoint Website. The JobPoint Website may contain links to third party websites that are not owned or controlled by JobPoint. JobPoint has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the JobPoint Website, you expressly relieve and absolve JobPoint from any and all the liability arising from your use of any third-party website. JobPoint also reserves the right to decide the inclusion or non-inclusion of any Video/Video Conferencing content in JobPoint Website without giving any reason of its non-inclusion. JobPoint reserves the right to withdraw any Video/Video Conferencing content at any time without recourse to or permission of the contributor.

3. JOBPOINT PRODUCT & SERVICES

JobPoint Video/Video Conferencing Service specifically and only allows registered users on JobPoint Website who have a valid login ID at JobPoint Website to upload Video/Video Conferencing content related to their resumes, profile, company profile and contents ancillary and incidental thereto to be hosted by JobPoint Website and to be configured by applicable JobPoint Technology for public display on JobPoint website network, including but not limited to JobPoint's affiliate's websites and on JobPoint affiliates and syndicated third party sites, and for the public posting, viewing and sharing of the Video/Video Conferencing Content. You expressly agree and acknowledge that the JobPoint Video/Video Conferencing Service is a not a private service and it is hereby clarified that once the registered users of JobPoint Website submit their respective Video/Video Conferencing Contents for inclusion into the JobPoint Website, it will be accessible by the public at large, and that there is no confidentiality or privacy with respect to the Video/Video Conferencing Content uploaded. Further, registered users of JobPoint Website also agree and acknowledge that their Video/Video Conferencing Content submitted to JobPoint Video/Video Conferencing Service may, in JobPoint's discretion, appear on local JobPoint Video/Video Conferencing websites in other countries.

4. ACCESS & USAGE TERMS

JobPoint Video/Video Conferencing Service permits you to use these services as set forth in this Terms of Service, provided that: (i) your use of the these services as permitted is solely for your use (ii) you will not copy or distribute any part of the product and services of JobPoint Website in any medium without JobPoint's prior written permission; (iii) you will not adulterate, manipulate, change, alter, amend or modify any part of the JobPoint Video/Video Conferencing content contained in the JobPoint Website and comply with the terms and conditions of these Terms of Service as well as Terms of Use and Privacy Statement enshrined and specified on the JobPoint Website. While registering yourself on the JobPoint Website you shall submit your accurate and complete details and information and must keep your login ID and password secure to prevent misuse and unauthorized use of your login ID or account. In the event of any breach of security or unauthorized use of your login ID / Account you must notify JobPoint immediately. JobPoint will not be liable for any loss caused by any unauthorized use of your login ID / Account. You may be liable for the losses of JobPoint due to such unauthorized use. You also agree not to use any automated system including but not limited to the use of "robots," "spiders," "offline readers," etc., that accesses the JobPoint Website in a manner that sends multiple request messages to the JobPoint website’s web servers in a given period of time than a normal prudent person can reasonably produce in the same period by using a convention on-line web browser. You also agree not to store, collect or harvest any personally identifiable information, including names, e mail ids, account names, list of the recruiters and employers from the Website, nor to use the JobPoint Website’s e mail, website for any commercial solicitation purposes.

5. VIDEO/VIDEO CONFERENCING CONTENT SUBMISSIONS IN JOBPOINT WEBSITE

JobPoint permits its registered users of JobPoint Website the submission of Video/Video Conferencings or other communications in JobPoint Website and they agree and allow JobPoint the hosting, sharing, and/or publishing of such Submissions. JobPoint does not guarantee any secrecy and confidentiality with respect to any of the Video/Video Conferencing or other communication submissions in JobPoint Website. The concerned registered users of JobPoint Website are solely responsible for their Video/Video Conferencing content Submissions and the consequences of posting or publishing them on JobPoint Website. In this regard the concerned registered users of JobPoint Website affirm, represent, and/or warrant that they have the necessary licenses, rights, consents, and permissions to use and authorize JobPoint to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Video/Video Conferencing content to enable inclusion and use of the Video/Video Conferencing Content in the manner contemplated by the JobPoint Website’s Terms of Use and Privacy Commitment and these Additional Terms of Use; and also have the necessary required written consent, release, and/or permission contemplated by the JobPoint Website and these Additional Terms of Use. The concerned registered users, jobseekers, recruiters, employers and other contributor of Video/Video Conferencing Content on JobPoint Website hereby agree not to include any Video/Video Conferencing Content that in any manner whatsoever is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, offensive, indecent, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. The registered users and other contributor of Video/Video Conferencing Content in JobPoint Website hereby grant JobPoint a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted Video/Video Conferencing content in connection with the JobPoint Website and its affiliates business, including without limitation for promoting JobPoint Website in any manner whatsoever. The concerned registered users and other contributor of Video/Video Conferencing Content in JobPoint Website also hereby grant JobPoint a non-exclusive license to access their Video/Video Conferencing content through JobPoint Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Video/Video Conferencing content through JobPoint Website and under these Additional Terms of Use. The aforesaid license and permission granted by you to JobPoint terminates once the concerned registered users and other contributor of Video/Video Conferencing Content in JobPoint Website remove or delete their Video/Video Conferencing Content from JobPoint Website. With respect to the Video/Video Conferencing content submissions in JobPoint Website, the concerned registered users and other contributor of Video/Video Conferencing Content in JobPoint 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 JobPoint all of the license rights granted thereto and they also not publish false content or material that may damage JobPoint 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. JobPoint does not verify the genuineness, accuracy or otherwise endorse any Video/Video Conferencing content or any opinion, recommendation, or advice expressed therein, and JobPoint hereby expressly disclaims any and all liability with respect to the Video/Video Conferencing content inclusions in JobPoint Website. JobPoint does not permit copyright infringing activities and infringement of intellectual property rights on JobPoint Website, and JobPoint reserves the right of deletion or removal of any Video/Video Conferencing Content without prior notice if it comes to JobPoint's knowledge or if it is notified that such Video/Video Conferencing content infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and JobPoint may also terminate access to its Website. JobPoint also reserves the right to decide whether a particular Video/Video Conferencing Content or material is appropriate and complies with the Terms of use and Privacy Commitment of JobPoint Website and these Additional Terms of Use for violations other than copyright infringement and violations of intellectual property law including but not limited to, pornography, obscene or defamatory material, or excessive length. JobPoint shall delete or remove such Video/Video Conferencing Content and/or terminate such violator's access to JobPoint Website at any time, without any prior notice at its sole discretion for uploading such Video/Video Conferencing content in violation of Terms of use and Privacy Commitment of JobPoint Website as well as these Additional Terms of Use. Concerned registered users, jobseekers, recruiters, employers and other contributor of Video/Video Conferencing Content in JobPoint Website hereby agree and acknowledge that they may be liable if their Video/Video Conferencing content submissions in JobPoint Website are not genuine, inaccurate, offensive, indecent, or objectionable, and they also agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against JobPoint with respect thereto, and agree to indemnify and hold JobPoint, its affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to their Video/Video Conferencing content submission in JobPoint Website.

6. JOBPOINT’S RIGHTS IN VIDEO/VIDEO CONFERENCING CONTENT

JobPoint reserves the right to sell, license and/or display any advertising, promotional and distribution rights in connection with the Video/Video Conferencing Content and other material submitted in JobPoint Website and JobPoint will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms of Use obligates or may be deemed to obligate JobPoint to sell, license or offer to sell or license any advertising, promotion or distribution rights.

7. APPROPRIATE USE OF JOBPOINT VIDEO/VIDEO CONFERENCING SERVICE

The Video/Video Conferencing content, material and software on JobPoint Website is the property of JobPoint and protected by all the local and international applicable laws including but not limited to laws related to Trade Mark, Copyright and other intellectual property rights. You agree that you will not copy, modify, alter, reproduce, create derivative works, or display to the general public any of the JobPoint Video/Video Conferencing content from the JobPoint Website. You also agree that you will not in any manner whatsoever including by the use of any automated device or manual process monitor or copy any of the Video/Video Conferencing content from the JobPoint Website. Any use of the JobPoint Video/Video Conferencing Service that infringes or violates JobPoint website’s Terms of Use and/or Privacy Commitment and/or JobPoint’s Trade Mark, Copyright and intellectual property rights will be treated as a serious infringement and violation and investigated accordingly. JobPoint shall have the right to take appropriate civil and / or criminal action for such infringement and / or violations.

8. WAIVER OF CLAIMS & INDEMNITY PROVISION

You hereby waive all claims against JobPoint and indemnify its directors, employees, authorized representatives and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses including but not limited to litigation costs and attorneys' fees of every kind and nature, arising out of or in any way whatsoever concerned with use of the JobPoint Video/Video Conferencing Service and also arising out of your violation of any term of these Additional Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim of Video/Video Conferencing content submission causing damage to a third party. This defense and indemnification obligation will survive these Additional Terms of Use and your use of the JobPoint Website.

9. DISCLAIMER

YOU AGREE AND ACKNOWLEDGE THAT YOUR USE AND ACCESS OF THE JOBPOINT VIDEO/VIDEO CONFERENCING SERVICE AND JOBPOINT WEBSITE SHALL BE AT YOUR SOLE RISK, RESPONSIBILITY AND CONSEQUENCES. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBPOINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORISED REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE JOBPOINT VIDEO/VIDEO CONFERENCING SERIVICE AND JOBPOINT WEBSITE AND YOUR USE THEREOF. JOBPOINT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF JOBPOINT WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO JOBPOINT 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 JOBPOINT VIDEO/VIDEO CONFERENCING SERVICE AND JOBPOINT WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF JOBPOINT 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 JOBPOINT WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE UNAUTHORISED TOOLS OR SOFTWARE WHICH MAY BE TRANSMITTED TO OR THROUGH JOBPOINT 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 JOBPOINT WEBSITE. JOBPOINT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JOBPOINT WEBSITE OR ANY ASSOCIATED OR HYPERLINKED WEBSITE AND JOBPOINT 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/VIDEO CONFERENCING CONTENT IN JOBPOINT WEBSITE HEREBY AGREE AND ACKNOWLEDGE THAT JOBPOINT SHALL NOT BE LIABLE FOR THEIR VIDEO/VIDEO CONFERENCING 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 JOBPOINT, 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/VIDEO CONFERENCING 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 JOBPOINT SECURE SERVERS AND/OR ANY AND ALL VIDEO/VIDEO CONFERENCING CONTENT AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM JOBPOINT 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 JOBPOINT 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.

11. AMENDMENT IN TERMS OF USE

JobPoint shall have the right to amend, vary or modify the Terms of Use, Privacy Commitment of JobPoint Website and these Additional Terms of Use governing this JobPoint Video/Video Conferencing Service at any time, without giving any prior notice to You and such amendment shall be effective immediately upon inclusion / posting of such amendment on JobPoint Website.