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Terms and Conditions of Use

1. Using globalseajobs Means You Agree to These Terms and Conditions of Use:
Please carefully read the following Terms and Conditions of Use before using this Website. These Terms and Conditions form a binding agreement (the "Agreement") between you and globalseajobs. If you are an employer using the Site, then these Terms and Conditions, including Exhibit A attached hereto are part of and incorporated into this binding agreement with globalseajobs. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk. If you do not agree with these terms and conditions or you do not meet or comply with their provisions you may not use the Site. We may change these terms and conditions at any time without any notice to you. By your continued access and use of globalseajobs you agree to accept the most current version of the conditions of use. Please check these conditions periodically for any changes that may have been made.

2. Certain Definitions:
The following definitions apply to this Agreement:
"globalseajobs" or the "Site" includes www.globalseajobs.com in its entirety and its related sites owned or operated by Phoenix Web Builders and Modern Service Office (MACON), and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (PHP Scripts, Active Server Pages, VBScript, Databases, etc.) used on the Site.
"Document" refers to any data or information submitted to the site.
"Services" means any services provided on the Site by globalseajobs.
"User" refers to any individual or entity who uses any aspect of the Site.
"Job Seeker" means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
"Employer" means a person or entity that is accessing the Site to seek candidates for employment.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

3. Acceptable Use of the Site:

3.1. General Use Rules: The Site is intended for seafarers seeking employment and for employers or recruiters seeking candidates for employment. Seafarers post their data for free. Employers pay annual dues for access to our online resumes database to help them find the right maritime professionals. You may use this Site only for lawful purposes within the stated context of globalseajobs’ intended and acceptable use of the Site. globalseajobs is the sole interpreter of the Site’s intended and acceptable use.

3.2. License to Use by Users who are Job Seekers: globalseajobs hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you submit or post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. globalseajobs reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

3.3. License to Use by Users who are employers: globalseajobs hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. Users of the Resume Database please see Exhibit A, which is incorporated herein by reference, for further clarification. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Database) provided by globalseajobs to any third party without the express written authorization of globalseajobs. You agree that you are solely responsible for the content of any Document you submit or post to the Site and any consequences arising from such posting. globalseajobs reserves the right to suspend or terminate your access and use at any time if globalseajobs determines that you are in breach of any of these Terms and Conditions.

4. Refunding Fees upon Termination of Service: If at any time during the course of your Subscription Period you should terminate your Agreement in which these Terms and Conditions have been incorporated by reference, and if globalseajobs suspends or terminates your access and use of the Site due to your breach of any of these Terms and Conditions, you shall not receive any fees prepaid by you to globalseajobs.

5. Links to Other Sites: globalseajobs contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by globalseajobs of the contents on such third-party web sites. globalseajobs 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.

6. Other Specific Rules: You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.

7. Disclaimers and Limitations on globalseajobs Liability.

7.5. LIMITATION OF LIABILITY
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU SUBMIT, POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL GLOBALSEAJOBS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLOBALSEAJOBS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) globalseajobs accepts no liability whatsoever for the misuse of users' passwords and log in codes.

8.Indemnity:
You agree to indemnify and hold globalseajobs, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including without limitation costs, damages and reasonable legal and accounting fees made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

9. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site.
(d)You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not globalseajobs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via globalseajobs. globalseajobs does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using globalseajobs, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will globalseajobs be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via its service. You agree to not use globalseajobs to:
1.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.harm minors in any way;
3.impersonate any person or entity, including, but not limited to, a globalseajobs official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7.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.
8.upload, post, email, transmit 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;
9.interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10."stalk" or otherwise harass another; or
11.Collect or store personal data about other users.
You acknowledge that globalseajobs may not pre-screen Content, but that globalseajobs and its developers shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, globalseajobs and its developers shall have the right to remove any Content that violates the Terms and Conditions of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by globalseajobs or submitted to globalseajobs.

Exhibit A - Resume Database Subscription Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY INDICATING ON THE SUBSCRIPTION PAGE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH GLOBALSEAJOBS FOR THE FULL SUBSCRIPTION TERM.

Phoenix Web Builders and Modern Service Office (MACON) owns and operates a website located at http://www.globalseajobs.com (the “Site”), pursuant to which it offers employers and recruiters memberships allowing access to globalseajobs online Resume database . This Agreement provides the terms and conditions of such Membership.

TERMS AND CONDITIONS

1. Access Authority and Conditions:
Subject to compliance with each of the terms of this Agreement, globalseajobs agrees to permit You to access the globalseajobs Resume database (the "Resume Database") via the Site for the purpose of viewing and/or downloading a single copy of available resumes solely for Your use. Following are certain requirements regarding such access:

1.1. The Resume Database is to be accessed and used solely by You. On Your successful registration for our companies’ list, You will provide a password that will permit You to access the Resume Database. You may not provide Your password or otherwise permit access to the Resume Database to any third party. You may download any number of resumes for Your use in accordance with the terms of this Agreement. You may not provide or distribute such resumes to any third party. You are responsible for protecting and keeping Your password confidential.

1.2. You may not use the Resume Database in any way which, in globalseajobs’ reasonable judgment, adversely affects globalseajobs’ business or business prospects, the performance or function of the Site or the Resume Database or interferes with the ability of other companies.

1.3. You may not use the Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services.

1.4. globalseajobs may terminate, update, alter or supplement all or any part of the Resume Search offering at any time. By permitting access to the globalseajobs Resume Database via adding your company to our companies’ list, globalseajobs does not convey any interest in or to the Resume Database or any other globalseajobs property or services. All right, title and interest in and to the Resume Database is and shall remain in globalseajobs.

1.5. You agree that Your access to the Resume Database will be in compliance with any additional usage requirements provided by globalseajobs from time to time.

2. Subscription Period:
This Agreement shall commence as of the date you click ”I accept”, agreeing to be bound by the terms of this Agreement (the ”Effective Date”) and shall continue for the duration of one year prepaid in full by You (”Subscription Period”), unless terminated earlier by globalseajobs as provided herein.

3. Automatic Renewal:
UNLESS GLOBALSEAJOBS RECEIVES NOTICE FROM YOU PRIOR TO THE EXPIRATION OF THE SUBSCRIPTION PERIOD (ONE YEAR) OF YOUR TERMINATION OF THIS AGREEMENT, FOLLOWING THE EXPIRATION OF THE SUBSCRIPTION PERIOD, GLOBALSEAJOBS RESERVES THE RIGHT TO AUTOMATICALLY RENEW EACH YEAR FOR AN ADDITIONAL ONE (1) YEAR PERIOD (”RENEWAL PERIOD”). For each such Renewal Period, you shall pay to globalseajobs the then-current annual subscription fee, and You hereby authorize globalseajobs to automatically bill Your specified credit card for such annual subscription fee. Any changes in Your billing and credit card payment information must be promptly reported. If globalseajobs receives a notice of Your intent to terminate this Agreement prior to the expiration of a Renewal Period, this Agreement will terminate on the last day of that Renewal Period.

4. Disclaimer of Warranties:
THE USE OF THE GLOBALSEAJOBS RESUME DATABASE IS PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE GLOBALSEAJOBS RESUME DATABASE IS GIVEN OR ASSUMED BY GLOBALSEAJOBS OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GLOBALSEAJOBS MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE RESUMES. GLOBALSEAJOBS DOES NOT WARRANT THAT YOUR USE OF THE GLOBALSEAJOBS RESUME DATABASE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

5. Limitation of Liability:
IN NO EVENT WILL GLOBALSEAJOBS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE RESUME DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF GLOBALSEAJOBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES.

6. Indemnification:
You will, at Your sole cost and expense, indemnify and hold globalseajobs, and its affiliates and its and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys’ fees and expenses) arising out of or related to Your use of the Resume Database or any breach of the terms hereof in any manner.

7. Amendments:
Globalseajobs reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements in its sole discretion at any time by making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been made available as described above. Your continued access and use of globalseajobs constitutes Your agreement to the most current version.

8. Authority:
You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement on Your behalf.

9. Force Majeure
Globalseajobs shall not be liable or responsible for any delay or failure in performance if such delay or failure is due to causes beyond its control.

10. No Assignment:
You may not assign this Agreement or any of your rights hereunder. Any such attempted assignment shall be null and void.

11. Entire Agreement:
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto.