MyCareer Jobs On Site Beta - Terms and Conditions of Use
Introduction
These Terms and Conditions for MyCareer Jobs On Site ("Program Terms") form part of the Fairfax Digital Conditions of Use. Your use of MyCareer Jobs On Site (as defined below) located at http://syndication.mycareer.com.au is subject to your compliance with the terms and conditions below. The term "Agreement" as used herein and as used in the Fairfax Digital Conditions of Use shall mean, collectively, Fairfax Digital Conditions of Use and these Program Terms. All other terms not defined in these Program Terms shall have the same meaning as defined in the Fairfax Digital Conditions of Use. For purposes of this Agreement, "Jobs On Site" shall mean the product, service, and/or information that will enable you to obtain javascript code to place a job search box on your site.
Limited Use License
Fairfax Digital will provide you with proprietary software code ("Jobs On Site Code") for insertion on your web site(s) solely for the purpose of obtaining a list of jobs or job results from MyCareer.com.au. Subject to the terms and conditions of this Agreement, Fairfax Digital grants you a world-wide, non-exclusive, non-transferable, non-sublicensable, limited use license to use, execute, and display the Jobs On Site Code on your web site(s). Except for the limited license expressly granted herein, nothing in this Agreement shall be construed as Fairfax Digital granting to you any right, title or interest in or to the Jobs On Site Code or right under any patent, trade secret or other intellectual property rights of Fairfax. You acknowledge and agree that Fairfax Digital owns all right, title and interest in and to the Jobs On Site Code (including all software and technology underlying any such product, service, and/or information) and all related intellectual and proprietary rights of any kind anywhere in the world. You agree that you will not use the Jobs On Site Code, or the results created thereby or disseminate or distribute any of this information in violation of this Agreement. You agree to indemnify Fairfax Digital for any costs, liability or damage arising from your use of the Jobs On Site Code in breach of these Program Terms.
Ownership
Fairfax Digital owns all data collected by or through Jobs On Site and/or Jobs On Site Code and all reports, results, and/or information created, compiled, analyzed and/or derived by Fairfax Digital from the data (collectively "Data"). All Data shall be deemed Fairfax's Confidential Information. Each party hereto agrees to use the Data in strict compliance with its respective privacy policy and these Program Terms.
Privacy
In performance of the parties' obligations pursuant to this Agreement, Fairfax Digital shall not solicit or collect, and you agree not to transmit to Fairfax, its information providers, licensors, licensees, consultants, contractors, agents, attorneys or employees, any personally identifying information of the visitors or customers to your web site(s) unless required by law or court order, or otherwise agreed in writing and signed by an authorized representative of Fairfax. You represent and warrant that at all times while the Jobs On Site Code is on your Web site, you will maintain a privacy policy on your site which shall, be available, at a minimum, as a clear and conspicuous link from the main page of your Web site. For more information about how the information collected by Fairfax Digital and how it is used, please visit http://www.fairfax.com.au/privacy.ac.
Cancellation and Termination
If you are dissatisfied with the Jobs On Site Program or any of the Program Terms herein your sole and exclusive remedy is to terminate your participation in the Jobs On Site Program, except and only to the extent you have non-excludable remedies by reason of the Australian Trade Practices Act and similar state and territory laws in Australia. You may cancel your participation in the Jobs On Site Program at any time by removing the Jobs On Site Code from all items under your possession, custody, and/or control. Notwithstanding anything contained in this Agreement to the contrary, Fairfax Digital may, in its sole discretion, terminate the services provided by the Jobs On Site Program or your participation in the Jobs On Site Program at any time.
Disclaimer of Warranty
FAIRFAX DIGITAL, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. FAIRFAX DIGITAL PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
Limitation of Liability
NEITHER FAIRFAX DIGITAL NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE WEBSITE AND/OR THE SERVICES, OR ANY EXTERNAL WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS ON THE WEBSITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF FAIRFAX DIGITAL WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.