ednak Terms of Use
This page states the Terms of Use ("Terms") under which you ("You") may use the ednak and the ednak Cork Board.
These Terms constitute a binding agreement between You and ednak, LLC or the ednak company operating the website for the country in which You live, and are deemed accepted by You each time that You use or access any ednak site or ednak service. If You do not accept the Terms stated here, you have the right not to use the ednak sites or services.
The ednak sites are defined as any websites under ednak’s control, whether partial or otherwise (including, without limitation, the Cork Board site and the website from which these terms of use were accessed from). The ednak sites include a variety of features and services, including an on-line service to post and search employment opportunities (“ednak Services”). The ednak sites also include on-line communities designed to facilitate valuable professional and personal networking among users of ednak (“Users”) based on common experiences and interests (“ednak Communities”). The ednak Sites also allow Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public.
ednak may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the ednak sites suspended or terminated, at ednak’s discretion.
Eligibility
You must be 13 years of age or older to visit or use any ednak site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any ednak Site under the supervision of a parent, legal guardian, or other responsible adult. By visiting the ednak sites or accepting these Terms, You represent and warrant to ednak that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to ednak that You will use the ednak Sites in a manner consistent with any and all applicable laws and regulations.
Use of ednak Content
ednak authorizes You to view and access a single copy of the content available on or from the ednak sites solely for your personal use. The contents of the ednak Sites such as text, graphics, images, logos, button icons, software and other ednak content (collectively, "ednak Content"), are protected under both United States and foreign copyright, trademark and other laws. All ednak Content is the property of ednak or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the ednak sites is the exclusive property of ednak and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the ednak Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original ednak Content on any authorized copy You make of the ednak Content.
You agree not to sell or modify the ednak Content or reproduce, display, publicly perform, distribute, or otherwise use the ednak Content in any way for any public or commercial purpose, in connection with products or services that are not those of the ednak sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ednak or its licensors, that dilutes the strength of ednak’s or its licensor’s property, or that otherwise infringes ednak’s or its licensor’s intellectual property rights. You further agree to in no other way misuse ednak Content that appears on this Site. The use of the ednak Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that ednak creates to generate or display any ednak Content or the pages making up any ednak site is also protected by ednak’s copyright and you may not copy or adapt such code.
ednak Site Restrictions.
Users may not use any ednak site in order to transmit, post, distribute, store or destroy material, including without limitation, ednak Content, (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.
Users are also prohibited from violating or attempting to violate the security of any ednak site, including without limitation, the following activities: (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 any ednak Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) 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 and/or criminal liability. ednak 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.
In order to ensure a safe and effective experience for all of our customers, ednak reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in ednak’s sole discretion from time to time.
Specific Prohibited Uses.
The job posting, CV database (“ednak Talent Roster”) and other features of the ednak sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. ednak Communities and Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
ednak does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent at hello@ednak.com
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, ednak may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. ednak has no liability or responsibility to Users for performance or nonperformance of such activities.
Registration Information.
When You register with any ednak site, You will be asked to create an account and provide ednak with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with ednak’s Privacy Policy.
ednak 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 ednak or by third parties. Please see ednak’s Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms, ednak does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any ednak site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from ednak, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in edna’s databases and will be removed from any public area of the ednak sites. Information may continue to be available for some period of time because of delays in propagating such deletion through ednak’s web servers. In addition, third parties may retain cached copies of your Information.
User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through an ednak site ("User Content") is the sole responsibility of the person from which such User Content originated. ednak claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through ednak and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through ednak, you grant ednak a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through ednak. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant ednak a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting ednak services. ednak will discontinue this licensed use within a commercially reasonable period after such User Content is removed from ednak. ednak reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any ednak site, You also permit any User 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 any ednak site retains any and all rights that may exist in such User Content.
ednak acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, ednak may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any ednak site. ednak reserves the right to expel Users and prevent their further access to the ednak sites and/or use of the ednak Services for violating the Terms or applicable laws, rules or regulations. ednak may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ednak, damage ednak’s brand or public image, or cause ednak to lose (in whole or in part) the services of its ISPs or other suppliers.
Because many of the ednak Services are community-driven, meaning that anyone can add a post to ednak sites, ednak does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. If a post has been added that impacts you or your organization that you would like removed from the ednak site, please email hello@ednak.com and ednak will remove the content in question. You acknowledge that any reliance on material posted by other Users will be at your own risk.
In order to protect the ednak Community Users from commercial advertising or solicitation, ednak reserves the right to restrict the number of e-mails which a User may send to other Users to a number which ednak deems appropriate in its sole discretion. ednak also reserves the right to suspend any user from the Community at ednak’s sole discretion if it believes a User has violate any of these terms.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, ednak may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. ednak has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services and the ednak sites. We do value your feedback on our services, please be specific in your comments regarding our services. If You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of ednak. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. ednak shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any ednak Site and is accessible on such ednak Site in a way that constitutes copyright or trademark infringement, please print and contact Clive Anderseen at hello@ednak.com
ednak's Liability.
The ednak sites act as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. ednak is not involved in the actual transaction between employers and candidates. As a result, ednak has no control over User Content, 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 and ednak makes no representations about any jobs, resumes or User Content on the ednak sites. ednak may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ednak, damage ednak’s brand or public image, or cause ednak to lose (in whole or in part) the services of its ISPs or other suppliers. While ednak reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the ednak sites from time to time, ednak does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The ednak Communities provide a venue for individuals to network for professional purposes and ednak does not screen or censor the Profiles or User Content on the ednak Sites. ednak has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the ednak sites and makes no representations about any Profile or User Content on the ednak sites.
Because User authentication on the Internet is difficult, ednak cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any ednak site, in the event that You have a dispute with one or more Users, You release ednak (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The ednak sites and the ednak Content may contain inaccuracies or typographical errors. ednak makes no representations about the accuracy, reliability, completeness, or timeliness of any ednak Site or the ednak Content. The use of all ednak Sites and the edank Content is at your own risk. Changes are periodically made to ednak sites 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 ednak site.
ednak cannot guarantee and does not promise any specific results from use of the ednak sites. No advice or information, whether oral or written, obtained by a User from ednak through or from any ednak site shall create any warranty not expressly stated herein.
Disclaimer of Warranty.
EDNAK DOES NOT WARRANT THAT ANY EDNAK SITE WILL OPERATE ERROR-FREE OR THAT ANY EDNAK SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY EDNAK SITE OR THE EDNAK CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EDNAK IS NOT RESPONSIBLE FOR THOSE COSTS. THE EDNAK SITES AND EDNAK CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EDNAK, 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. EDNAK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE EDNAK CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL EDNAK, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY EDNAK 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 ANY EDNAK SITE AND THE EDNAK CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EDNAK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
EDNAK’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY EDNAK SITE OR YOUR USE OF THE EDNAK CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $20.
Links to Other Sites.
The ednak site contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by ednak of the contents on such third-party Web sites. ednak 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.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any ednak site.
Indemnity.
You agree to defend, indemnify, and hold harmless ednak, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any ednak site, (ii) your use of any ednak Content, or (iii) your breach of the terms of these Terms. ednak shall provide notice to You promptly of any such claim, suit, or proceeding.
General.
ednak makes no claims that the ednak Content may be lawfully viewed or accessed outside of the United States. Access to the ednak Content may not be legal by certain persons or in certain countries. If You access ednak.com or any other U.S. based ednak sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Term and Termination
These Terms will remain in full force and effect while You are a User of the ednak sites at any level. ednak reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the ednak sites and the other ednak sites and immediate termination of your registration with or ability to access the ednak sites and the other ednak sites and/or any other services provided to You by ednak, upon any breach by You of these Terms or if ednak is unable to verify or authenticate any information You submit to ednak.com or any other ednak site. Even after You are no longer a User of the ednak sites, certain provisions of these Terms will remain in effect.
These Terms constitute a binding agreement between You and ednak, and is accepted by You upon your use of a ednak site.