1. Introduction Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Beamline Jobs Web Site and the Services (as each are defined below) provided by Beamline Jobs. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Beamline Jobs Web Site or Services. These Terms and Conditions are effective as of February, 2021.
2. Binding Agreement.These Terms and Conditions (as they may be amended from time to time by Beamline Jobs), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the “Agreement”) between you and Beamline Jobs. Your access to or use of the Beamline Jobs Web Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions.The following definitions apply to this Agreement:
3.1 “Beamline Jobs” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “Beamline Jobs Web Site” means the web site under Beamline Jobs control, whether partial or otherwise and includes such Site’s Content, Beamline Jobs Materials and Services (as applicable in each context).
3.3 “Content” means Beamline Jobs web pages, web forms, programming (including software code used on the Site and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (colour combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Beamline Jobs, data submitted via the Site by Users and other content made available through the Site by Beamline Jobs.
3.5 “Document” refers to any posting to a Site, whether job or resume.
3.6 “Employer” means a person or entity that is accessing a Site to post a job or utilising the Services for any reason related to the purpose of seeking candidates for employment.
3.7 “Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 “Services” means any services provided by Beamline Jobs or its agents described here.
3.12 “User” refers to any individual or entity that uses any aspect of the Site.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Site and Services.
4.1 General Use Rules. The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of Beamline Jobs intended and acceptable use of the Site. Beamline Jobs is the sole interpreter of the Site’s intended and acceptable use.
4.2 Beamline Jobs Intellectual Property Rights. The Site, the Beamline Jobs Materials and all rights, title and interest in and to the Site and Beamline Jobs Materials are the sole property of Beamline Jobs or its licensors, and are protected by copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Beamline Jobs reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Beamline Jobs Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Site other than the search engine and search agents available from Beamline Jobs other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from the Beamline Jobs Site, without the express written consent of Beamline Jobs. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Beamline Jobs Materials are not considered to be works for hire and you may duplicate such Beamline Jobs Materials only for the purposes outlined in the Service Activation Agreement. “Beamline Jobs,” “Personified”, the Beamline Jobs design logo and certain other names or logos are service marks or trademarks of Beamline Jobs, and all related product and service names, design marks and slogans are the service marks or trademarks of Beamline Jobs. In addition, the “look” and “feel” of the Site (including colour combinations, button shapes, layout, design and all other graphical elements) are also protected by Beamline Jobs‘s trademarks, service marks and copyrights. Any code that Beamline Jobs creates to generate or display the Content or the pages making up the Site is also protected by Beamline Job’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Beamline Jobs Materials on any authorised copy you make of the Content or Beamline Jobs Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Beamline Jobs hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorises you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Site is a privilege. Beamline Jobs reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Beamline Jobs hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorises you to view and download a single copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. Beamline Jobs also grants you a limited, terminable, non-exclusive license to use the Beamline Jobs Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Beamline Jobs to any third party without the express written authorization of Beamline Jobs. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Beamline Jobs reserves the right to suspend or terminate your access and use at any time if Beamline Jobs determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Beamline Jobs a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that Beamline Jobs owns and has the right to collect, extract, compile, synthesise, and analyse Aggregate Data. Beamline Jobs may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymised form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 18 years of age or older; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. Beamline Jobs welcomes your comments regarding the Services and the Site and appreciates hearing from you. Please note, however, that Beamline Jobs does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Beamline Jobs creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Beamline Jobs. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Beamline Job’s part, and Beamline Jobs will not be liable for any use or disclosure of any User Submission. Beamline Jobs shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third Party Providers. You acknowledge and agree that Beamline Jobs may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between Beamline Jobs and its Third Party Providers, Beamline Jobs will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on Beamline Job’s Liability.
6.1 Allocation of Responsibility Beamline Jobs assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Beamline Jobs acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Beamline Jobs may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Beamline Jobs has no liability or responsibility to Users for performance or non-performance of such activities. Beamline Jobs may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by Beamline Jobs. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BEAMLINE JOBS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BEAMLINE JOBS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) BEAMLINE JOBS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BEAMLINE JOBS IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Beamline Jobs makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Beamline Jobs makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) BEAMLINE JOBS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. BEAMLINE JOBS DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL BEAMLINE JOBS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT 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 OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEAMLINE JOBS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN BEAMLINE JOBS’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO EUR €200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL BEAMLINE JOBS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF EUR €200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH BEAMLINE JOBS, THE AMOUNTS ACTUALLY PAID BY YOU TO BEAMLINE JOBS UNDER THIS AGREEMENT IF GREATER THAN EUR €200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Beamline Jobs will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, Beamline Jobs cannot and does not confirm that each User is who they claim to be. Because Beamline Jobs does not and cannot be involved in User-to-User dealings or control the behaviour of participants on the Site, in the event that you have a dispute with one or more Users, you release Beamline Jobs 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.
7. Data Protection.If you are an Employer, this Section 7 applies
7.1 To the extent that the provision of the Services under this Agreement involves the processing of Employer Personal Data by Beamline Jobs as a processor on behalf of Employer as a data controller under GDPR, Beamline Job’s Data Protection Addendum is incorporated into, and hereby forms a part of this Agreement.
7.2 To the extent that the provision of the Services under this Agreement involves personal data subject to GDPR other than Employer Personal Data, such data is provided by Beamline Jobs as a data controller to Employer as a data controller for the Intended Purpose and:
(a) Beamline Jobs warrants that it has an adequate legal basis under GDPR for sharing that data with Employer for the uses permitted by Section 4.4; and
(b) Employer will comply with GDPR and any other applicable data protection laws with respect to such data, including (i) processing such data fairly and lawfully and only for the Intended Purpose; (ii) processing such data only for as long as is necessary for the Intended Purpose and deleting such data once the Intended Purpose has been fulfilled; (iii) having in place appropriate technical and organizational measures to protect such data against accidental or unlawful destruction or accidental loss, alternation, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data; (iv) having in place procedures so that any third party it authorizes to have access to such data, including processors, will respect and maintain the confidentiality and security of the data; (v) not disclosing or transferring such data to a third party located outside of the European Economic Area or Switzerland unless it does so in compliance with all applicable data protection laws; and (vi) complying with data subject requests received by it for access to, or correction, amendment, blocking or deletion of, such data made pursuant to applicable data protection laws.
7.3 For the purposes of this Section 7, “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of the 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data as applicable as of 25 May 2018 as may be amended from time to time, together with all laws and regulations implementing the same in any European Member State and “Employer Personal Data” means personal data concerning Job Seekers that has been uploaded by Employer or by a Job Seeker directly to the Services operated by Beamline Jobs solely on behalf of the Employer and subject to GDPR with respect to the processing of such personal data.
8. Links to the Site. Beamline Jobs 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.
9. Amendments to this Agreement and Changes to the Site.Beamline Jobs may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Beamline Jobs unless Beamline Jobs agrees to them in a signed writing specifically including those new or different terms. Beamline Jobs may change the Site at any time.
10. Indemnity.You agree to defend, indemnify, and hold harmless Beamline Jobs (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, your use of the Services or your breach of this Agreement. Beamline Jobs shall use reasonable efforts to provide you with prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11.1 When you register on any of the Beamline Jobs Site or in connection with the Services, you will be asked to create an account and provide Beamline Jobs with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
12. Questions and Notices.Questions concerning the use of the Site should be directed to Beamline Jobs through its email address provided in its Contact Section. We will send notice to you at the address submitted by you or to such other address as Beamline Jobs reasonably determines is an appropriate address for you.
13. General.Beamline Jobs contact information is listed on the Site. Beamline Jobs makes no claims that the Content is appropriate or may be downloaded. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Beamline Jobs, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the courts Beamline Jobs sees fit. The sole relationship between you and Beamline Jobs is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Beamline Jobs in a particular “Legal Notice,” or material on particular web pages of the Site, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Beamline Jobs.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
14.1 Posting Rules:
(a) You may not post any Document to a Site that contains: (i) URLs or links to web Site other than to recruitment related pages on your company web site (to advertise your company or web site.); (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that Beamline Jobs may allow posting of certain training and business opportunities (see 14.1(e) below).
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.
(d) Job postings must describe individual openings for traditional employees. You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at Beamline Job’s sole discretion, Beamline Jobs allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Site. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Beamline Jobs reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Beamline Jobs deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(g) Beamline Jobs is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Beamline Job’s sole discretion.
14.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your Beamline Jobs account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Beamline Jobs account, you will be provided with the opportunity to assign your own unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Beamline Jobs account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s). You are responsible for all uses of your account, whether or not authorised by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Beamline Jobs immediately of any unauthorised use of your account or password.
(d) Report inappropriate postings or conduct to [email protected].
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time Beamline Jobs comes to the understanding that you: (i) misled Beamline Jobs regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Beamline Jobs reserves the right to terminate your Agreement.
14.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorised to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. Beamline Jobs 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.
15. Copyright Complaints.
15.1 Beamline Jobs respects the intellectual property of others. It is Beamline Job’s policy to respond to claims of copyright and other intellectual property infringement. Beamline Jobs will promptly process and investigate notices of alleged infringement and will take appropriate actions under the EU copyright legislation, and other applicable intellectual property laws. Upon receipt of notices complying with the EU copyright legislation, Beamline Jobs may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Beamline Jobs will terminate access for Users who are repeat infringers.
15.2 Notifying Beamline Jobs of Copyright Infringement: To provide Beamline Jobs notice of an infringement, you must provide a written communication to [email protected] that sets forth the information specified by the EU copyright legislation (https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
15.3 Providing Beamline Jobs with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Beamline Jobs with a counter notification by written communication to [email protected] that sets forth all of the necessary information required by the EU copyright legislation (https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Please note that Sections 16, 17 and 18 below contain terms and conditions that apply to specific Services (Resume Database, Recruitment Edge and Recruitment Analytics) and they are part of this Agreement if you are purchasing or using any of those specific Services or packages that include such Services (Sections 16 and 17 govern use of Standard Search and sections 16, 17 and 18 govern use of Search Pro).
16. Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with Beamline Jobs, you are purchasing Resume Database access, the following additional terms apply to you:
16.1 Beamline Jobs grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Beamline Jobs Resume Database via the Site for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively “Resumes”) solely for your use.
16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database through your account (each an “Authorised RDB User”). Each Authorised RDB User will be issued a unique Resume Database Seat (a “Seat”) through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorised RDB User and Authorised RDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.
16.3 If Company has purchased “RDB,” then Authorised RDB Users may download, one at a time, with unlimited access to Resumes. Please note that the term “download” shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in Company’s use of a Resume or any of the information contained therein.
16.4 Neither you nor your Authorised RDB Users may use the Resume Database in any way which, in Beamline Job’s sole judgment, adversely affects Beamline Job’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. Further, use of the Resume Database by you or by your Authorised RDB Users may not interfere with or violate, in any manner, the privacy election of Beamline Jobs Job Seekers. You understand and agree that any violation of section 16 will give Beamline Jobs the right to immediately terminate any and all access to the RDB and to terminate any corresponding Agreements.
16.5 You and your Authorised RDB Users may use your subscription to the Resume Database only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) send emails that, in Beamline Job’s sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Job Seekers or (iii) take any other action that is, in Beamline Job’s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any law, statute, code, rule, or regulation. Company understands and agrees that if Company uses the Resume Database in violation of the preceding restrictions, then Beamline Jobs may, at its sole discretion, either terminate Company’s Agreement or transfer Company’s Seats from the Resume Database to the Targeted Resume Database (a database that only contains individuals whom Beamline Jobs has identified as appropriate candidates for sales positions where the majority of the compensation is to be derived from commissions).
16.6 Beamline Jobs may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Beamline Jobs Resume Database, Beamline Jobs does not convey any interest in or to the Resume Database or any other Beamline Jobs property or Services. All right, title and interest in and to the Resume Database is and shall remain in Beamline Jobs.
17. Additional Terms in Connection with Use of Recruitment Analytics Services. If, in your Service Activation Agreement with Beamline Jobs, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you:
17.1 Use of Reports. Beamline Jobs hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Recruitment Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Recruitment Analytics Services (each a “Report”), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without Beamline Job’s prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of Beamline Jobs.
17.2 Use of Your Data. If you have purchased Recruitment Analytics Services, then you may provide Beamline Jobs with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files (“Job Seeker Data”). You hereby grant Beamline Jobs a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company’s use. Notwithstanding the foregoing, you understand and agree that Beamline Jobs may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.