1. Use of Talentcloud Content.
Talentcloud authorizes You, subject to these Terms, to access and use the Talentcloud Sites and the Talentcloud Content (as defined below) and to download and print a single copy of the content available on or from the Talentcloud Sites solely for Your personal, non-commercial use. The contents of the Talentcloud Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Talentcloud content (collectively, “Talentcloud Content”), are protected under copyright, trademark and other laws. All Talentcloud Content is the property of Talentcloud or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Talentcloud Sites is the exclusive property of Talentcloud and is protected by copyright, trademark, and other laws. Unauthorized use of the Talentcloud Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Talentcloud Content on any authorized copy You make of the Talentcloud Content.
Any code that Talentcloud creates to generate or display any Talentcloud Content or the pages making up any Talentcloud Site is also protected by Talentcloud’s copyright and You may not copy or adapt such code.
You agree not to sell or modify the Talentcloud Content or reproduce, display, publicly perform, distribute, or otherwise use the Talentcloud Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Talentcloud Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Talentcloud or its licensors, that dilutes the strength of Talentcloud’s or its licensor’s property, or that otherwise infringes Talentcloud’s or its licensor’s intellectual property rights. You further agree to in no other way misuse Talentcloud Content. The use of the Talentcloud Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that Talentcloud creates to generate or display any Talentcloud Content or the pages making up any Application or Service is also protected by Talentcloud’s copyright and you may not copy or adapt such code.
2. Use of the Talentcloud Services.
The job posting, resume database (â€œTalentcloud Resume Database”) and other features of the Talentcloud Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, Talentcloud Networking may be used by individuals for permitted professional and personal networking purposes. Your use of the Talentcloud Services is also subject to any other contracts You may have with Talentcloud. In the case of any conflict between these Terms and any contract you have with Talentcloud, the terms of your contract will prevail. The term â€œpost” as used herein shall mean information that You submit, publish or display on a Talentcloud Site.
All Talentcloud Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any Talentcloud Site’s infrastructure;
(c) use any device to navigate or search any Talentcloud Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Talentcloud;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any Talentcloud Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any Talentcloud Site;
(h) aggregate, copy or duplicate in any manner any of the Talentcloud Content or information available from any Talentcloud Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any Talentcloud Content or information available from any Talentcloud Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(k) post any resume or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any Talentcloud Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any Talentcloud Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Talentcloud Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the Talentcloud Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Talentcloud’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Talentcloud 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.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Talentcloud Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Talentcloud of any unauthorized use of Your account, Profile, or passwords.
3. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on Talentcloud Sites. Talentcloud is not to be considered to be an employer with respect to Your use of any Talentcloud Site and Talentcloud shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Talentcloud Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Talentcloud, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Talentcloud’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Talentcloud’s web servers.
In order to protect our Talentcloud Community Users from commercial advertising or solicitation, Talentcloud reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Talentcloud deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. Talentcloud does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Talentcloud;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Talentcloud’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Talentcloud;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Talentcloud job posting or Talentcloud Networking to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) post jobs or other advertisements for competitors of Talentcloud or post jobs or other content that contains links to any site competitive with Talentcloud;
(e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(i) post jobs on any Talentcloud Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(j) advertise sexual services or seek employees for jobs of a sexual nature;
(k) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(l) endorse a particular political party, political agenda, political position or issue;
(m) promote a particular religion;
(n) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Talentcloud reserves the right to remove any job posting or content from any Talentcloud Site, which in the reasonable exercise of Talentcloud’s discretion, does not comply with the above Terms, or if any content is posted that Talentcloud believes is not in the best interest of Talentcloud.
If at any time during Your use of the Talentcloud Services, You made a misrepresentation of fact to Talentcloud or otherwise misled Talentcloud in regards to the nature of Your business activities, Talentcloud will have grounds to terminate Your use of the Talentcloud Services.
Use of the Talentcloud Resume Database by Employers
You shall use the Talentcloud Resume Database as provided in these Terms and in any contract You have with Talentcloud. You shall use the Talentcloud Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Talentcloud Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Talentcloud Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The Talentcloud Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.