3.1 User Content
Some parts of the site may allow users to post contents like job listings, resumes, information, text, images, audio, video, messages, and other materials
(any such materials that a user submits, posts, displays, or otherwise makes available on or through the site, or any materials that a user submits to ITRecruit,
including where it is stated that such materials may be posted on the site or a third party website, are referred to herein as “user content”).
If you create an account, post a job or any material to the website, post links on the website, or otherwise make (or allow any third party to make) material
available by means of the website (any such material, “content”), you are entirely responsible for the content, and any liability resulting from the content, its
use or distribution. That is the case regardless of whether the content in question constitutes text, graphics, audio files, or computer software. By making content
available, you represent and warrant that:
- The downloading, copying and use of the content will not infringe the proprietary or intellectual property rights, including the copyright, patent right, trademark or
trade secret, of any third party;
- If your employer or others has rights to intellectual property you create, you have either (i) received permission from such person to post or make available the content,
including any software, or (ii) secured from your such person a waiver as to all rights in or to the content;
- You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- The content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
- The content is not spam, is not machine- or randomly-generated with malicious intent towards the website, and does not contain unethical or unwanted commercial content designed
to drive traffic to third party internet sites or boost the search engine rankings of third party sites, or commit or contribute to further unlawful acts (such as phishing) or
mislead recipients as to the source of the material (such as spoofing);
- The content is not defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your account or project is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- Your account or project is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s or project’s URL or name is
not the name of a person other than yourself or company other than your own;
- You have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the content, whether requested to do so by
ITRecruit or otherwise.
As a contributor you shall ensure that the license under which you distribute the content entitles ITRecruit to reproduce and publish the content as you submit
it to ITRecruit, or otherwise indemnify ITRecruit against any claims or damages awarded due to claims of infringement. By submitting content to ITRecruit, you are
responsible for ensuring that such creations do not violate the licensor’s or any third party's license right, property or intellectual property rights. Authors of
derived work are responsible for ensuring that the derived content conforms to the original content's license(s), regardless of where the original content is hosted.
To the extent any content you contribute requires a patent license to be used, modified, sub-licensed or otherwise for the exercise of rights granted in the
applicable license, such patent license shall hereby be deemed as granted by you to users downloading the content, to the extent you possess such patent rights or
right to grant patent license.
When deleting content, ITRecruit will use reasonable efforts to remove it from the website, but you acknowledge that due to caching or references the content may not
be made unavailable immediately or at all.
3.2 Intellectual Property
This agreement does not transfer from ITRecruit to you any ITRecruit or third party intellectual property rights. All rights, title and interest in and to such property will
remain (as between the parties) solely with ITRecruit. ITRecruit, ITRecruit.ca, the ITRecruit logo, and all other trademarks, service marks, graphics and logos used in connection
with ITRecruit, or the website are trademarks or registered trademarks of ITRecruit or ITRecruit's licensors. Other trademarks, service marks, graphics and logos used in
connection with the website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ITRecruit or
or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes,
you may close your account. Your continued use of our services after we publish or send a notice about our changes to these terms means that you are consenting to the updated
terms as of their effective date.
ITRecruit may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to
terminate this agreement or your ITRecruit account, you may simply discontinue using the website. Notwithstanding the foregoing, ITRecruit can terminate the website
immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination,
including ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3.5 Disclaimers Of Warranties
ITRecruit and its affiliates make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free,
and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, ITRecruit and its
affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular
3.6 Limitations Of Liability
To the fullest extent permitted by law (and unless ITRecruit has entered into a separate written agreement that overrides this contract), ITRecruit, including its affiliates,
will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g.,
down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.
This agreement constitutes the entire agreement between ITRecruit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed
by an authorized executive of ITRecruit, or by the posting by ITRecruit of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement,
any access to or use of the website will be governed by the laws of Vietnam. Legal venue for any disputes arising out of or relating to the same shall be the District people's
court. This agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.