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Terms And Condition

Introduction

This Service User Agreement and Terms of Use constitute the agreement between Career-Analytics. and ‘you’ as a user who access or establishes a connection (“user,” “you,” or “your”) to the internet site located at www.Career-Analytics.com or any services provided in connection with the site (collectively the “Service”), which are owned and controlled by Career-Analytics If you, on behalf of your organization, want to be a registered user of Career-Analytics, you should accept the terms and conditions agreement for everyone involved. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ELIGIBLE AND PERMITTED BY YOUR ORGANIZATION TO ENTER IT INTO THIS AGREEMENT. On behalf of your organization, you agree to abide by all of the provisions in this Agreement in order to remain an authorized user of Career-Analytics, and your use of Career-Analytics constitutes your agreement to abide by these provisions. You are solely responsible for your use of Career-Analytics, for all use of Career-Analytics made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement. Career-Analytics respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy is provided below. Company’s privacy policy is expressly incorporated into this Agreement by this reference. Career-Analytics reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Career-Analytics will notify users of any changes by posting them on Career-Analytics or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of Career-Analytics after notice of changes to this Agreement has been made, will be deemed your acceptance of the changes. Career-Analytics reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of Career-Analytics, as well as any aspect pertaining to the use of Career-Analytics. Career-Analytics further reserves the right, in its sole discretion, to restrict the use of Career-Analytics as well as suspend or revoke your rights to use Career-Analytics based on Career-Analytics ‘ belief that your use of Career-Analytics violates that permitted by this Agreement or applicable law. Your Right and Obligations Registration Details and Account Security In consideration of your use of Career-Analytics, you agree to provide accurate, current and complete information about you as may be prompted by any registration form on the Site (“Individual User Registration and Corporate User Registration”); maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. Although as an online service provider, we are not responsible for the conduct of our users, we want Career-Analytics to be a safe place on the internet. Therefore, in using Career-Analytics you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:
  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes, but is not limited to
    • Using Career-Analytics to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and
    • Sending messages to distribution lists, newsgroup aliases, or group aliases.
    • Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
    • Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.
    • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
    • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
    • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another.
    • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
    • Sell, rent, or otherwise provide your contacts/other users contact information to any third party for marketing purposes. Further, you cannot use your contact/other users’ contact information for marketing purposes.

Global Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including, but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.

Individual Features and Services

When using the Career-Analytics platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

User Activities Posting Content on the Service

  • Content Protected by Intellectual Property Rights: Any content available through the Service, including text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Career-Analytics .
  • Your Warranties Regarding Your Content: By displaying or publishing (“posting”) any content on Career-Analytics, you warrant and represent the following:
    • You warrant that any material or information that you make available through Career-Analytics, including, for example, creating a training, uploading documents, creating an ad, remediation or related content, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on Career-Analytics. You will be solely responsible for the content of any material or information that you make available through Career-Analytics. You will also be liable for any damage resulting from your making any material or information available through Career-Analytics.
    • You will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
    • You are the individual pictured, depicted, and/or heard in your content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18) who appears and/or is heard in your Content to grant the rights to Career-Analytics described in these Terms); and
    • Your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
    • 3. Career-Analytics has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through Career-Analytics, and Career-Analytics is not responsible for any content of this material or information. However, Career-Analytics reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, Career-Analytics reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Career-Analytics ‘ policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Career-Analytics by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Career-Analytics in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Career-Analytics Services;
  • Your address, telephone number, and email address;
  • A written statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may download a single copy of the materials on this site for your own, non-commercial use. Content on Career-Analytics may not be reproduced, modified, displayed, sold, distributed or used for public or commercial purpose or in any other way. All content on the site, including Text, images, graphics are the sole property of The Career-Analytics and is protected by Indian copyright and international treaties. Persons and entities accessing this site are prohibited from copying or adapting the HTML code used to generate Web pages or manipulating, deciphering, disseminating or reverse engineering any software that will compromise this site.

Prohibited Content

You must not post to Career-Analytics any Content that, as reasonably determined by Career-Analytics , is or appears to be the following:
  • Untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
  • Infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
  • Of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
  • Unsolicited, undisclosed or unauthorized advertising;
  • Software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
  • In violation of any applicable local, state, national or international law (including export laws).

Right to terminate

We may, at any time, without notice to you, terminate your access to Career-Analytics, and your Account, or block your access to Career-Analytics if:
  • We believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Career-Analytics, our users, or any other person;
  • Requested by law enforcement or other government agencies; or
  • Your Account has extended periods of inactivity.

Notice of Termination

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

Effect of Termination

Upon termination of your Account or the Service, your agreement with Career-Analytics pursuant to these Terms will also terminate, except that the following provisions survive the termination:

Third Party Sites & Content

Career-Analytics Site may include links to third party Web sites, as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Career-Analytics does not endorse, and is not responsible or liable, for any content, advertising, products, services or other materials on or available from such sites. You acknowledge and agree that we are not responsible for any Content or other materials, or the privacy policies and practices of these third party sites. Further, any dealings that you have with advertisers found on Career-Analytics Site are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. By using this Site, you expressly waive any rights, claims or liability against Career-Analytics from your use of any third-party website.

Indemnification

You agree to hold Career-Analytics and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to:
  • Your access to and use of the software, and other aspects of Career-Analytics and the Content;
  • Your violation of these Terms, and any applicable law or the rights of another person or party;
  • Any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service;
  • Career-Analytics ‘ resolution (if any) of any dispute you have with any user of the Service;
  • Your improper authorization for Career-Analytics to collect, use or disclose any Content provided by you; and
  • Any disclosures made with your permission.

Disclaimer of Warranties

Career-Analytics provides Career-Analytics “as is” and “as available”. To the maximum extent permitted by law, Career-Analytics makes no representations, warranties or conditions of any kind, expressed or implied, as to the operation of Career-Analytics or the information, games, software, or content included in Career-Analytics. Career-Analytics makes no representations or warranties that Career-Analytics will be uninterrupted, error-free, virus-free, secure, or timely. To the maximum extent permitted by law, Career-Analytics expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you. We urge you to keep backup copies of your personal content, if any, that you maintain on or use with the service. If your use of Career-Analytics results in the need for servicing or replacing property, material, equipment or data, we are not responsible for any resulting costs or damages.

Dispute Resolution & Jurisdiction

If any dispute arises in respect of this memo/agreement the parties shall endeavor to settle the dispute by negotiation in good faith. If such negotiations do not settle the dispute, the parties agree to submit the matter to settlement proceedings under the rules of the Arbitration and Conciliation Act, 1996 (“The Act”) as applicable for the time being in force. The place of the Arbitration will be Hyderabad and the language of proceedings will be in English. The Arbitral amend shall be in writing and shall be final and binding.

Severability

Should any term/clause be considered invalid or unenforceable by the judgment of the court of contempt jurisdiction or award of an arbitration tribunal, all other provisions shall remain in full force and reflect and shall not be effected therefore for the terms of the agreement.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Hyderabad.

Usage

Career-Analytics strictly prohibits and enforces individuals/entities from using Career-Analytics to transmit any false, inaccurate, misleading, obscene, threatening, harassing, racist, abusive or similar objectionable, harmful or information, material, text, data, software or images. Federal Law prohibits discrimination in employment in the following areas: Age, Sex, Race, or Religion; ads or violating use of any of these areas or other laws are strictly prohibited. Individuals/Companies are strictly prohibited from distributing on Career-Analytics unsolicited email, advertisements, promotional materials, spam, chain letters, telephone calls, mailings or other contacts to participating users, job seekers and others. You are strictly prohibited from modifying or deleting any material posted by others. Individuals/Companies using Career-Analytics agree not to violate any federal, state, local, international laws, statutes, regulations or ordinances or infringe on any patent, copyright or other property rights or violate the privacy or personal rights of others. Individuals/Companies who disclose or share any password, which grants access to any non-public area of this web site with any third party, or use their password for unauthorized purposes will be held liable for all damages resulting from this disclosure.

Submission Restrictions

You agree not to submit Content:
  • That is unlawful, pornographic, defamatory, libelous, harmful, threatening, abusive, harassing, or invasive of another’s privacy, or harms minors in any way;
  • That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • That falsely claims to be submitted by another person or entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;
  • That includes personal or identifying information about another person, or uses the name or likeness of another person for commercial purposes, without that person’s explicit consent;
  • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • That is false, fraudulent, deceptive, misleading, deceitful, misinformative or uses “bait-and-switch” tactics;
  • That constitutes or contains “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, “affiliate marketing,” or “link referral code”;
  • That constitutes or contains any form of advertising or solicitation if
    • Posted in areas which are not designated for such purposes; or
    • emailed to Online Service web site users who have requested not to be contacted about other services, products or commercial interests;
  • That advertises any illegal services or the sale of any items, the sale of which is prohibited or restricted by applicable law, including, without limitation, items the sale of which is prohibited or regulated by Indian law;
  • That contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • That disrupts the operation of any of the Online Service web sites with an excessive number of messages (flooding attack) to such web sites, or that otherwise negatively affects other users’ ability to use such web sites; or
  • That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content.

Additionally, you agree not to:

  • Contact anyone who has asked not to be contacted or otherwise “stalk” or harass anyone;
  • Collect personal data about other users for commercial or unlawful purposes;
  • Use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to any of the Online Service web sites; or
  • Attempt to gain unauthorized access to our computer system or to any other user’s computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any of the Online Service web sites.
Finally, you agree that regardless of your location any disputes arising out of your use of Career-Analytics shall only be prosecuted in Court of Law, India.
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