OdinJobs reserves the right to change these Terms of Use without notice to you. You are responsible for reviewing these Terms of Use each time you use the Online Services feature. Your continued use of the Online Services feature constitutes your agreement to the then current Terms of Use.
To learn about how OdinJobs protects your personal information, such as your name and address, refer to the OdinJobs Online Privacy Policy
The Online Services feature may rely upon and/or make available web sites and web pages operated by OdinJobs, for example, the web sites and web pages found at http://www.OdinJobs.com (collectively, the "OdinJobs Web Sites"). Your access to and use of the OdinJobs Web Sites is governed by the OdinJobs.com Terms of Service located at http://www.OdinJobs.com/terms_of_service.html, as well as any other terms, conditions or notices found on such sites. OdinJobs may at any time, for any reason, modify or discontinue the availability of the OdinJobs Web Sites, Third Party Sites and Online Services feature.
The Online Services feature may also make available web sites and/or web pages operated by third parties offering material, information and services (the "Third Party Sites"). Your use of the Third Party Sites and the use of information collected by the operators of such sites are governed by the terms of use and privacy policies found at such sites. Third Party Sites are made available only as a convenience, and the inclusion within the Online Services feature of any link to a Third Party Site does not imply endorsement by OdinJobs of the operator of such site or any association between OdinJobs and such operator. Any dealings between you and any third party in connection with a Third Party Site, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the operator of such site. OdinJobs will not be responsible or liable for any part of any such dealings.
You will not use the Online Services feature, including the Services and Materials, for any unlawful purpose, or in any manner or for any purpose which is prohibited by these Terms of Use. In using the Online Services feature, including the Services and Materials, you will not: (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites, (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files, (c) create a false identity, (d) use or attempt to use another's account, password, service or system without authorization from OdinJobs, (e) access or attempt to access any service or content which you are not authorized to access, (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites, (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, privacy and publicity laws unless you own or control the rights thereto or have received all necessary consents to do the same, (k) advertise or offer to sell or buy any goods or services for any purpose, (l) violate any applicable laws or regulations.
You hereby grant OdinJobs, its affiliates and sub-licensees the right to copy, display, transmit, modify and distribute the files you upload containing images, photographs, software or other materials, only for the purpose of operating the Online Services feature. You warrant and represent that (a) you are the copyright owner of such files or the copyright owner of such files has granted you permission to use such files and any content and/or images contained in such files consistent with the manner of your and your licensees' use, (b) you have the rights necessary to grant the licenses and sublicenses described herein and (c) each person depicted in such files has provided consent to the use of the files consistent with the manner of your and your licensees' use.
Nothing contained in these Terms of Use limits OdinJobs's liability to you in the event of death or personal injury resulting from OdinJobs's negligence or from the tort of deceit (fraud). OdinJobs is acting on behalf of its subsidiaries, affiliates, agents, officers, directors, employees, partners and suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in these Terms of Use, but in no other respects and for no other purpose.
You agree to indemnify and hold OdinJobs, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) files or other material containing images, photographs, software or other material you upload, submit or otherwise transmit, (b) your use of the Online Services feature or Services and Materials, (c) your violation of these Terms of Use or the OdinJobs.com Terms of Use or (d) your violation of any law, rule or regulation or the rights of any other person or entity.
These Terms of Use will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California if a license to the OdinJobs software in which the Online Services feature is included (the "Software") is purchased when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software is purchased when you are in Japan, China, Korea or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) Ireland, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of Ireland, when the law of Ireland applies, will each have non-exclusive jurisdiction over all disputes relating to these Terms of Use. These Terms of Use will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. The English version of these Terms of Use will be the version used when interpreting or construing these Terms of Use.
These Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the OdinJobs Web Sites constitute the entire agreement between OdinJobs and you with respect to your use of the Online Services feature and the Services and Materials, and supercede any prior representations, discussions, undertakings, communications or advertising relating thereto. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms of Use will continue in full force and effect. Any failure by OdinJobs to enforce or exercise any provision of these Terms of Use or related right will not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms of Use is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any agreement, arrangement or understanding between you and OdinJobs or its affiliates, licensees or suppliers with respect to any matter other than the Online Services feature and the Services and Materials, including, without limitation, the end-user license agreement governing your use of the Software. These Terms of Use will not prejudice the statutory rights of any party dealing as a consumer. For example, for consumers in New Zealand who use the Online Services feature for personal, domestic or household use (not business purposes), these Terms of Use may be subject to the Consumer Guarantees Act.