WEB SITE TERMS AND CONDITIONS OF USE

This Web Site (and any other site accessed through this site) and the services provided therein are only available to a user or users seeking employment ("Jobseeker" or "Jobseekers" as applicable) or a user seeking employees or advertisers ("Employer") and are subject to the Terms and Conditions ("Terms and Conditions" or "Agreement") which are set out below. If you are not a Jobseeker or an Employer (collectively, "users") and do not accept the Terms and Conditions, you will not be allowed to use this Web Site. Upon your acceptance of the Terms and Conditions, they are binding upon you. Jobs DB USA Inc. ("the Company") may revise the Terms and Conditions at anytime without notice to you. Your access to the Company Web Site and its services will be terminated upon your notice to the Company that any change is unacceptable. Your continued use will constitute your acceptance of all changes and they will be binding upon you.

1. Acceptable Web Site Uses

   1. Specific Uses - Jobseekers

      Jobseekers agree that they will only use the Company's Web Sites (and any other sites accessed through them) for lawful purposes and only to seek employment. Jobseekers may send his resume directly to any Employer who advertises on or through the Company Web Sites. Alternatively, the Jobseeker may send his or her resume to the Company through the Company's Web Sites to any job advertisement. In such event, the Jobseeker's resume will also remain active on the Company's Web Sites for a predetermined period and, unless the Jobseeker chooses to delete it, it will thereafter be stored in the Company's Database at the Jobseeker's own risk. The Company also reserves the right to remove and discard any Jobseeker's resume for any reason in its sole discretion. Jobseekers acknowledge and agree to the Company's practice of charging Employers a fee for access to the Company's web sites, Database and to the Jobseeker's resumes and details. The Jobseekers also recognizes that he has no claims to any such fees received by the Company. The Company will not release the Jobseeker's personal data to any potential employer without his or her permission but the Company may release the Jobseeker's brief resume (without his or her name and address) to third parties through the use of the Company's search engine or any other means. Jobseekers agree that the Company and its associated companies may use the Jobseeker's personal data for marketing purposes. Furthermore, the Company will not be responsible or be held liable in any way if any Employer, whether in the United States or elsewhere, should use the Jobseeker's personal data for any other use other than for obtaining potential employees. Jobseekers accept that personal data given to Employers or other users are given entirely at their own risk. You agree that these Terms and Conditions shall be enforceable against you, the Jobseeker, as to any position you may seek and/or accept within the United States, regardless of your country of origin.

   2. Specific Uses - Employers

      Upon payment of the Service Fee to the Company or upon acceptance of any free trial or promotional offer, the Employer will be entitled to use the Company's Web Sites to advertise vacant jobs and/or create their own web page on the Company's Web Site for a predetermined period agreed to by the Company. Employers will also be entitled to access the Company's Jobseekers Database but agree that all information obtained will only be used for the purpose of obtaining potential employees. Employers will be solely responsible for the contents and materials contained in their advertisement and/or web page. The Company reserves the right to remove and discard any advertisement or web page for any reason in its sole discretion. The Company reserves the right to change the Service Fee or institute new charges or fees at any time, as it deems appropriate. In the event that any Employer should fail to pay the Service Fee or any other fees or charges due to the Company, the Company reserves the right to suspend or terminate the Employer's web page or advertisement, without the Company waiving any of its rights or remedies. Employer agrees that these Terms and Conditions shall be enforceable against Employer as to any position, posting and/or acceptance of any available job(s) in the United States, as well as any employment by any Jobseeker who is employed in the United States, or who originated from the United States and is employed outside the United States.

   3. Prohibited Uses - Jobseekers and Employers

      As a user, you are responsible for your own communications and are responsible for the consequences of their posting. Jobseekers and Employers agree not to use any of the Company's Web Sites for any of the following purposes which are expressly prohibited:

      1. Jobseekers shall not post any non-resume information and/or incomplete, false or inaccurate resume information which is not their own accurate resume.

      2. Jobseekers shall not respond to any employment opportunity for any reason other than to apply for the job advertised and Employers shall not respond to any Jobseekers other than in connection with their application for a job. Communications of any other kind, including, without limit, soliciting business or any other commercial use for any reason are prohibited.

      3. No user shall print, download, duplicate or otherwise copy or use of any personally identifiable information about other users. You, and not the Company, are solely responsive for any content which you upload, download, print or transmit in any manner. All unsolicited communications of any type to users are strictly prohibited.

      4. No user shall delete or revise any material posted by any other user.

      5. All users are prohibited from violating or attempting to violate the security of the Company's Web Sites (or any other sites accessed through the Company's Web Sites) including, without limitation, accessing data not intended for them or logging onto a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

      6. No user shall use the Company's Web Sites in order to transmit, distribute or store material in violation of any applicable law or regulation or in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others; or violate the privacy or publicity or other personal rights of others; or that is illegal, disruptive, libelous, obscene, threatening, abusive, hateful, defamatory, or embarrassing to anyone.

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

2. Copyright, Trademarks, Etc.

   The graphics, images, editorial content and HTML on all the Company's Web Sites are the intellectual property of the Company, are protected by copyright and trademark laws, and may not be downloaded or otherwise duplicated without the express written permission of the Company. Use of any of the foregoing is strictly prohibited and the Company reserves all rights thereto.

3. Responsibility

   The Company may not monitor its Web Sites at all times but reserves the right (but not the obligation) to do so. The Company shall not be responsible in any manner whatsoever for, and does not warrant the accuracy of any material, including, without limit, any resume or job descriptions or immigration status of any user or others. All users acknowledge and agree that they are solely responsible for the form, content and accuracy of any resume, advertisement, web page or material contained therein placed by them. The Company is not responsible for the content of any other Web Sites linked to the Company's Web Sites; links are provided as Internet navigation tools only. The Company does not warrant that any resume, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user. The Company is not in any manner to be considered to be an agent with respect to any users of the Company's Web Sites and the Company will not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Company's Web Sites. This Web Site is only a site for Employers to post job advertisements and Jobseekers to post resumes and does not screen or censor any of the material submitted for either purposes. The Company has no control over, and does not monitor or certify the quality, safety or legality of the jobs, opportunities or resumes posted, the truth or accuracy of the opportunities, the ability of Employers to offer any job to Jobseekers or the ability of Jobseekers to accept or fulfill any job. The Company does not, and will not, interview or investigate any user. You agree to assume all risks associated with dealing with any users with whom you come in contact through the Web Site and acknowledge the risk associated with dealing with anyone though the Web Site including, without limit, the risk of physical harm or dealings with minors. The Company shall not be deemed to be an employer and is not responsible for any employment, decisions, acts or omissions of any type whatsoever.

4. Own Risk

   ALL USERS USE THE COMPANY'S WEB SITES AND ANY OTHER WEB SITES ACCESSED THROUGH IT AT ENTIRELY THEIR OWN RISK. All users are responsible for their own communications and are responsible for the consequences of their posting. The Company does not represent, warrant and/or guaranty the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and may, in its discretion, remove the material. Any reliance by users on material posted by other users will be at such user's own risk. The Company reserves the right to terminate and expel any user and prevent any further access to the Company's Web Sites at any time for breaching this Agreement or violating any law. The Company may take any action it deems necessary or appropriate, in its sole discretion, if it believes such action is appropriate or necessary to avoid any liability for the Company or to avoid disruption in services to the Company.

5. Links to Other Sites

   The Company's Web Sites may contain links to third party Web Sites. These are provided solely as a convenience to you and not in any way as an endorsement by the Company of the contents on such third-party Web Sites. If any user accesses any linked third party Web Sites, they do so entirely at their own risk. The Company is not responsible for the content of any third party Web Sites linked to its Web Sites and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party Web Sites. Further, any material or details posted on the Company Web Sites by any user may be viewed by users of other Web Sites linked to the Company's Web Sites and the Company will not be responsible for any improper use by any user or third party from linked third-party Web Sites of any data or materials posted on the Company's Web Sites.

6. License

   By submitting any material to the Web Site, you grant to the Company and its affiliates a worldwide, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive (including any moral rights) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) in any form or format for marketing purposes or for any other uses the Company deems appropriate. You warrant that you have the right to grant the foregoing license and that such license does and will not infringe any intellectual property rights of any person or entity.

7. Indemnity

   All users agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages (including reasonable accounting and attorneys fees and costs) arising from, related to, or in connection with their use of the Company's Web Sites, their breach of the terms of this Agreement, and or any claims against Company relating to any of the materials, and the content thereof, provided by a user. The Company shall attempt to provide notice of any such claim, suit or proceeding to the relevant user but failure to so shall not destroy the user's obligation to indemnity the Company.

8. Disclaimer

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE COMPANY DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE ERROR-FREE OR THAT ITS WEB SITES AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE WEB SITES OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY WILL NOT BE RESPONSIBLE FOR THOSE COSTS OR ANY OTHER DAMAGES WHATSOEVER; AND, (B) THE COMPANY'S WEB SITES AND THEIR CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS OF THE COMPANY'S WEB SITES.

9. Limitation of Liability

   THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES OR DAMAGES OF ANY TYPE WHATSOEVER SUFFERED BY ANY USER WHATSOEVER ARISING OR RESULTING FROM THEIR USE OR INABILITY TO USE THE COMPANY'S WEB SITES AND ITS CONTENTS INCLUDING, WITHOUT LIMIT, DAMAGES BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING, THE AGGREGATE LIABILITY BY THE COMPANY TO ANY USER FOR ALL CLAIMS ARISING FROM THEIR USE OF THE COMPANY'S SERVICES AND THE COMPANY'S WEB SITES SHALL BE LIMITED TO THE AMOUNT OF THE EXISTING SERVICE FEE SUBSCRIBED TO AND PAID FOR BY THE USER (IF ANY) AND OPERATIVE AT THAT TIME.

10. Release

    In the event of any dispute, you waive and hereby release the Company (and our directors, officers, agents and employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from any such disputes. If you are a California resident or if you should accept employment in California through the Company's Web Site, you waive California Civil Code ?542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

11. Miscellaneous

    The relationship between the parties and the terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California without regard to its conflict of law rules and principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco, California. Except as expressly provided in additional terms of use which may be posted on the Web Site from time to time, these terms and conditions constitute the entire agreement among the parties pertaining to the subject matter contained herein, and supersede all prior and contemporaneous agreements, representations and undertakings of the parties. The Company's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to use of the Web Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Access to this Web Site outside of the United States shall be at the user's sole risk and you agree that you are solely responsible for complying with the laws of any such applicable jurisdiction. The section headings in the Agreement are for convenience only and have no legal effect. Any inconsistency between these Terms and Conditions shall prevail over any Membership Application form.

12. Application Form

    You will acknowledge your consent to and acceptance of these terms and conditions by executing and submitting the attached form of MEMBERSHIP APPLICATION which is made a part of and shall be subject to these Terms and Conditions, together with any other terms contained in such form of MEMBERSHIP APPLICATION.

13. Commencement of Services

    The services to be provided by Company are described as:

    1. See Application Form.

    2. See Application Form.

    Said services shall commence on the date that the user executes this form.